The New Separation Of Powers

Author by : Eoin Carolan
Languange : en
Publisher by : Oxford University Press on Demand
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Description : This book offers a radical and provocative revision of the theory of separation of powers. It argues that, although designed to protect democracy, separation of powers is often used today to undermine it by concealing and centralising the exercise of power by public officials. The theory is then reinvented for the modern regulatory state.


The New Separation Of Powers A Theory For The Modern State

Author by : Eoin Carolan
Languange : en
Publisher by : OUP Oxford
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Total Read : 42
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Description : The separation of powers is an important principle of liberal constitutionalism. However, the traditional rationale behind institutional separation can no longer govern the distribution of authority in the modern state.This book develops a new model of the separation of powers theory for the administrative state. It argues for the replacement of the traditional theory with a new model which has the potential to both enhance democratic checks and balances and to legitimise the role of administrative and regulatory bodies in the modern state. Explaining how developments in modern governance have subverted the principles originally underpinning the separation of powers, the book identifies the ways in whichlawyers and administrators have sought to preserve these democratic principles in particular areas. These piecemeal efforts are gathered together into a cohesive account of a radical overarching framework for institutional reform.Drawing on examples from the United Kingdom, Ireland and the U.S.A., the book provides both a descriptive and prescriptive analysis of the ways in which our legal and political notions of institutional separation have so far, and (more importantly) may, in the future, deal with the problems posed by the emergence of quasi-public administrative or regulatory agencies.Far from the traditional view of administrative agencies as a threat to democracy, administrative bodies, in fact, can provide a valuable opportunity for reforming public governance in a way which reinforces the foundational principles of democracy.


The Three Branches

Author by : Christoph Möllers
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 33
Total Download : 428
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Description : The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches. A close analysis of the relation between individual and collective autonomy on the one hand and the ways lawmaking through public institutions can be established on the other hand helps us identify criteria for determining how legislative, administrative, and judicial lawmaking can be distinguished and should be organized. These criteria define a common ground in the confusing variety of western constitutional traditions and their diverse use of the notion of separated powers. They also enable us to establish a normative framework that throws a fresh perspective on problems of constitutional law in different constitutional systems: constitutional judicial review of legislation, limits of legislative delegation, parliamentary control of the executive, and standing. Linking arguments from comparative constitutional law and international law, the book then uses this framework to offer a new perspective on the debate on constitutionalism beyond the state. The concept permits certain institutional insights of the constitutional experiences within states to be applied at the international level without falling into any form of methodological nationalism.


The Three Branches

Author by : Christoph Moellers
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 34
Total Download : 507
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Description : The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches. A close analysis of the relation between individual and collective autonomy on the one hand and the ways lawmaking through public institutions can be established on the other hand helps us identify criteria for determining how legislative, administrative, and judicial lawmaking can be distinguished and should be organized. These criteria define a common ground in the confusing variety of western constitutional traditions and their diverse use of the notion of separated powers. They also enable us to establish a normative framework that throws a fresh perspective on problems of constitutional law in different constitutional systems: constitutional judicial review of legislation, limits of legislative delegation, parliamentary control of the executive, and standing. Linking arguments from comparative constitutional law and international law, the book then uses this framework to offer a new perspective on the debate on constitutionalism beyond the state. The concept permits certain institutional insights of the constitutional experiences within states to be applied at the international level without falling into any form of methodological nationalism.


The Principle Of The Separation Of Powers

Author by : Zoltán Balázs
Languange : en
Publisher by : Lexington Books
Format Available : PDF, ePub, Mobi
Total Read : 18
Total Download : 714
File Size : 48,6 Mb
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Description : The principle of the separation of powers has been subject to much recent controversy. This book criticizes the various challenges raised by legal, political, public policy, and management theorists. It revisits the classic normative background of the principle and offers a novel justification of it, grounding it in analytical political theory.


New Challenges To The Separation Of Powers

Author by : Antonia Baraggia
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 56
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Description : This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems.


Philosophical Foundations Of Constitutional Law

Author by : David Dyzenhaus
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 53
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Description : Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions', challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics, and philosophy.


Encyclopedia Of Modern Political Thought Set

Author by : Gregory Claeys
Languange : en
Publisher by : CQ Press
Format Available : PDF, ePub, Mobi
Total Read : 41
Total Download : 244
File Size : 50,8 Mb
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Description : This groundbreaking new work explores modern and contemporary political thought since 1750, looking at the thinkers, concepts, debates, issues, and national traditions that have shaped political thought from the Enlightenment to post-modernism and post-structuralism. Encyclopedia of Modern Political Thought is two-volume A to Z reference that provides historical context to the philosophical issues and debates that have shaped attitudes toward democracy, citizenship, rights, property, duties, justice, equality, community, law, power, gender, race, and legitimacy over the last three centuries. It profiles major and minor political thinkers, and the national traditions, both Western and non-Western, which continue to shape and divide political thought. More than 200 scholars from leading international research institutions and organizations have provided signed entries that offer comprehensive coverage of: Thought of regions and countries, including African political thought, American political thought , Australasian political thought (Australian and New Zealand), Chinese political thought, Indian political thought, Islamic political Thought, Japanese political thought, and more Thought regarding contemporary issues such as abortion, affirmative action, animal rights, European integration, feminism, humanitarian intervention, international law, race and racism, and more The ideological spectrum from Marxism to neoconservatism, including anarchism, conservatism, Darwinism and Social Darwinism, Engels, fascism, the Frankfurt School, Lenin and Leninism, socialism, and more Connections of political thought to key areas of politics and other disciplines such as economics, psychology, law, and religion Notable time periods of political thought since 1750 Concepts including class, democratic theory, liberalism, nationalism, natural and human rights, and theories of the state Theorists and political intellectuals, both Western and non-Western including John Adams, Edmund Burke, Mohandas Gandhi, Immanuel Kant, Ayatollah Khomeini, Ernst Friedrich Schumacher, George Washington, and Mary Wollstonecraft


Constitutional Change In The Contemporary Socialist World

Author by : Ngoc Son Bui
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 15
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Description : After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world – China, Cuba, Laos, North Korea, and Vietnam – which constitute about one-quarter of the world’s population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.


Constraining Government

Author by : Zoltán Balázs
Languange : en
Publisher by : Rowman & Littlefield
Format Available : PDF, ePub, Mobi
Total Read : 26
Total Download : 413
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Description : This book argues for the case that governments develop with inherent constraints. These constraints support the case for the normative political theoretical defense of moderate governing.


Principled Reasoning In Human Rights Adjudication

Author by : Se-shauna Wheatle
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 41
Total Download : 324
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Description : Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.


Traditions And Transformations

Author by : Michaela Hailbronner
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 93
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Description : German constitutionalism has gained a central place in the global comparative debate, but what underpins it remains imperfectly understood. Its distinctive understanding of the rule of law and the widespread support for its powerful Constitutional Court are typically explains in one of two ways: either as a story of change in a reaction to National Socialism or as the continuation of an older nineteenth-century line of constitutional thought that emphasizes the function of constitutional law as a constraint on state power. But while both narratives account for some important features, their explanatory value is ultimately overrated. This book adopts a broader comparative perspective to understand the rise of the German Constitutional Court. It interprets the particular features of German constitutional jurisprudence and the Court's strength as a reconciliation of two different legal paradigms: first, a hierarchical legal culture as described by Mirjan Damaska, building on Max Weber, as opposed to a more co-ordinated understanding of legal authority such as prevails in the United States and secondly, a more recent paradigm of transformative constitutionalism, which is most often associated with countries like South Africa and India. Using post-war legal history and sociological and empirical research in addition to case law, this book demonstrates how German developments reflect the frequently conflicting demands of these two legal paradigms - yielding an idiosyncratic synthesis in Value Formalism, a specific type of constitutional reasoning, at once pragmatic, open, formalist, and technical. Value Formalism however, also comes with serious problems, such as a lack of self-reflection in the Court's jurisprudence and the closure of constitutional discourse towards laymen.


Allocating Authority

Author by : Joana Mendes
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 17
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Description : The question of which European or international institution should exercise public authority is a highly contested one. This new collection offers an innovative approach to answering this vexed question. It argues that by viewing public authority as relative, it allows for greater understanding of both its allocation and its legitimacy. Furthermore, it argues that relations between actors should reflect the comparative analysis of the legitimacy assets that each actor can bring into governance processes. Put succinctly, the volume illustrates that public authority is relative between actors and relative to specific legitimacy assets. Drawing on the expertise of leading scholars in the field, it offers a thought-provoking and rigorous analysis of the long debated question of who should do what in European and international law.


Where Our Protection Lies

Author by : Dimitrios Kyritsis
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 21
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Description : In this book Dimitrios Kyritsis advances an original account of constitutional review of primary legislation for its compatibility with human rights. Key to it is the value of separation of powers. When the relationship between courts and the legislature realizes this value, it makes a stronger claim to moral legitimacy. Kyritsis steers a path between the two extremes of the sceptics and the enthusiasts. Against sceptics who claim that constitutional review is an affront to democracy he argues that it is a morally legitimate institutional option for democratic societies because it can provide an effective check on the legislature. Although the latter represents the people and should thus be given the initiative in designing government policy, it carries serious risks, which institutional design must seek to avert. Against enthusiasts he maintains that fundamental rights protection is not the exclusive province of courts but the responsibility of both the judiciary and the legislature. Although courts may sometimes be given the power to scrutinize legislation and even strike it down, if it violates human rights, they must also respect the legislature's important contribution to their joint project. Occasionally, they may even have a duty to defer to morally sub-optimal decisions, as far as rights protection is concerned. This is as it should be. Legitimacy demands less than the ideal. In turn, citizens ought to accept discounts on perfect justice for the sake of achieving a reasonably just and effective political order overall.


Legal Dispute Over The Judiciary In Poland

Author by : Bogumił Szmulik
Languange : en
Publisher by : Wydawnictwo Instytutu Wymiaru Sprawiedliwości
Format Available : PDF, ePub, Mobi
Total Read : 49
Total Download : 600
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Description :


Parliament And The Law

Author by : Alexander Horne
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 42
Total Download : 761
File Size : 40,6 Mb
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Description : Parliament and the Law (Second Edition) is an edited collection of essays, supported by the UK's Study of Parliament Group, including contributions by leading constitutional lawyers, political scientists and parliamentary officials. It provides a wide-ranging overview of the ways in which the law applies to, and impacts upon, the UK Parliament, and it considers how recent changes to the UK's constitutional arrangements have affected Parliament as an institution. It includes authoritative discussion of a number of issues of topical concern, such as: the operation of parliamentary privilege, the powers of Parliament's select committees, parliamentary scrutiny, devolution, English Votes for English Laws, Members' conduct and the governance of both Houses. It also contains chapters on financial scrutiny, parliamentary sovereignty, Parliament and human rights, and the administration of justice. Aimed mainly at legal academics, practitioners, and political scientists, it will also be of interest to anyone who is curious about the many fascinating ways in which the law interacts with and influences the work, the constitutional status and the procedural arrangements of the Westminster Parliament.


Judicial Review Of Administrative Discretion In The Administrative State

Author by : Jurgen de Poorter
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 44
Total Download : 371
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Description : This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary’s role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica. Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performed at a distance from political bodies, goes far enough to guarantee that the administration exercises its powers in a legitimate way. This publication searches for new modes of judicial review of administrative discretion exercised in the administrative state. It links state-of-the-art academic research on the role of courts in the administrative state with the daily practice of the higher and lower administrative courts struggling with their position in the evolving administrative state. The book concludes that with the changing role and forms of the administrative state, administrative courts across the world and across sectors are in the process of reconsidering their roles and the appropriate models of judicial review. Learning from the experiences in different sectors and jurisdictions, it provides theoretical and empirical foundations for reflecting on the advantages and disadvantages of different models of review, the constitutional consequences and the main questions that deserve further research and debate. Jurgen de Poorter is professor of administrative law at Tilburg University and deputy judge in the District Court of The Hague. Ernst Hirsch Ballin is distinguished university professor at Tilburg University, professor in human rights law at the University of Amsterdam, and president of the T.M.C. Asser Institute for International and European Law. He is also a member of the Scientific Council for Government policy (WRR). Saskia Lavrijssen is professor of Economic Regulation and Market Governance of Network Industries at Tilburg University.


Judicializing The Administrative State

Author by : Hiroshi Okayama
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 24
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Description : A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state.


The Constitution Of Ireland

Author by : Oran Doyle
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 9
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Description : This book provides a contextual analysis of constitutional governance in Ireland. It presents the 1937 Constitution as a seminal moment in an ongoing constitutional evolution, rather than a foundational event. The book demonstrates how the Irish constitutional order revolves around a bipartite separation of powers. The Government is dominant but is legally constrained by the courts, particularly in their interpretations of the fundamental rights protected by the Constitution. In recent decades, the courts have weakened the constitutional constraints on the Government. Political constraints imposed by opposition parties in Parliament and new accountability institutions (such as the Ombudsman) have moderately strengthened but the Government remains by far the most powerful political actor. There is a risk that such executive dominance could lead to democratic decay; however, the referendum requirement for constitutional amendment has prevented Governments from accumulating greater constitutional power. The book begins with an overview of Irish constitutional history leading to the enactment of the 1937 Constitution, before exploring the foundational decisions made by the Constitution in relation to territory, people and citizenship. Particular attention is paid to the constitutional relationship with Northern Ireland, currently unsettled by the decision of the United Kingdom to leave the European Union. The book details the key institutions of state (Government, Parliament, President and courts), before analysing how different constitutional actors exercise their respective powers of governance, contestation and oversight. A thematic approach is taken to the courts' interpretation of fundamental rights, showing how judicial attitudes have markedly changed over time. Further attention is paid to both formal amendment and informal constitutional change. The Constitution today is markedly different from 1937: it is non-committal on national reunification, less influenced by Roman Catholic natural law teaching, and generally more permissive of Government action. It is perhaps these developments, however, that explain its continued success or, at least, its longevity.


Research Handbook On Legal Pluralism And Eu Law

Author by : Gareth Davies
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 50
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Description : The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.


Judges Politics And The Irish Constitution

Author by : Laura Cahillane
Languange : en
Publisher by : Manchester University Press
Format Available : PDF, ePub, Mobi
Total Read : 20
Total Download : 286
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Description : This volume brings together academics and judges to consider ideas and arguments flowing from the often complex relationships between law and politics, adjudication and policy-making, and the judicial and political branches of government. Contributors explore numerous themes, including the nature and extent of judicial power, the European Court of Human Rights decision in O'Keeffe v Ireland, the process of appointing judges and judicial representation, judicial power and political processes. Contrasting judicial and academic perspectives are provided on the role of the European Court of Human Rights and the nature of exhausting domestic remedies, including a contribution from the late Mr. Justice Adrian Hardiman. The role of specific judges, social and political disputes and case law are examined and socio-economic rights, the rule of law and electoral processes are all addressed.


Achieving Ethical Excellence

Author by : Michael Schwartz
Languange : en
Publisher by : Emerald Group Publishing
Format Available : PDF, ePub, Mobi
Total Read : 51
Total Download : 889
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Description : This volume is a selection of papers from the 20th annual 'Australian Association for Professional and Applied Ethics' Conference. Topics covered include athletes as role models, sports ethics and sports governance, the separation of powers as an integrity mechanism, and virtues in just war theory.


Turpin And Tomkins British Government And The Constitution

Author by : Alison L. Young
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 76
Total Download : 139
File Size : 47,9 Mb
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Description : A lot has happened to the UK Constitution in the last seven years. We've witnessed the UK's exit from the EU, further devolution to Scotland and Wales, a number of prominent cases by the Supreme Court, two early parliamentary general elections, major governmental defeats and two Prime Ministerial resignations. Alison Young has built on the text of Colin Turpin and Adam Tomkins' earlier edition, keeping their unique historical and contextual approach, whilst bringing the material up to date with more contemporary examples, including references to Brexit, the recent prorogation and Brexit case law, and the Covid-19 pandemic. The book continues to include substantial extracts from parliamentary and other political sources as well as from legislation and case law. It also provides a full yet accessible account of the British constitution at the culmination of a series of dramatic events, on the threshold of possible further constitutional reform.


Founding Fathers And The Birth Of A Nation State

Author by : Thomas E Sawyer
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 92
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Description : With the 2020 election year getting ever closer (indeed, for any election year), it feels important to review some of the history and politics of this nation. The problem is that many such histories either assume much background knowledge, or are designed for students with little understanding of the process. That's why readers of all ages who seek a basic primer to be used as a refresher course in American ideals and formation will find The Founding Fathers and the Birth of a Nation State a solid primer covering the instigation, ideals, and political nature of what constitutes a 'republic'. The basic contention is that political power should originate with the people and flow upward in a reflection of popular interests. It shouldn't originate at the top and move downward, which would indicate a monarchy or dictatorship. Thomas E. Sawyer cements these notions by providing a historical and political survey that includes social, political, and philosophical reflections about the intentions of the Founding Fathers and how these have been translated over the years under different presidencies from early to modern times. Doctrines such as the separation of powers and how they enacted in American political circles and events are reviewed with more than an attention to historical precedent, identifying points of confusion or challenge in carrying out the Founding Fathers' written edicts: "... the "Doctrine of the Separation of Powers," standing alone as a theory of government, has uniformly failed to provide an adequate basis for an effective, stable political system. Consequently, the practicalities of government have necessitated the combining of this doctrine with other political ideas-the theory of "mixed government," the idea of "balanced government," and the concept of "checks and balances"-to form the complex constitutional theories that provide the basis of modern Western political systems. Nevertheless, when all the necessary qualifications have been made, the essential ideas behind the doctrine remain as vital ingredients of Western political thought and practice today. This particularly true in the American political experience; where the principle of the "Separation of Powers" constitutes one of the fundamental foundations of good government." Footnoted references point to source materials supporting different examinations of various plans, enactment challenges, conventions and legislations, speeches, and political processes. These form a solid foundation of argument, identifying the underlying intentions and meaning of the Constitution and the Founding Fathers that leads to astute analysis about their incarnations and challenges today: "Although the founding Fathers did not foresee the present day, rampant diffusion of bureaucratic functions among the three national branches, the "Doctrine of the Separation of Powers" and the correlative "Principle of Checks And Balances" still represent the essence of the American political experiment; as initially conceived in the Federal Convention in Philadelphia and as evolved in the present day transformation." The Founding Fathers and the Birth of a Nation State is highly recommended as a primer for democratic processes. It's especially valuable and well-documented reading for modern audiences who may have a cursory interest in the subject, but who want deeper explorations of the history and intentions supporting American democratic principles.


The Security Council As Global Legislator

Author by : Vesselin Popovski
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 97
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Description : Security Council resolutions have undergone an important evolution over the last two decades. While continuing its traditional role of determining state-specific threats to peace and engaging accordingly in various peaceful or coercive measures, the Security Council has also adopted resolutions that have effectively imposed legal obligations on all United Nations member states. This book seeks to move away from the discussions of whether the Security Council – in the current composition and working methods – is representative, capable or productive. Rather it assesses whether legislative activity by the Security Council can be beneficial to international peace and security. The authors examine and critique the capacities of the Security Council to address thematic international threats - such as terrorism, weapons proliferations, targeting of civilians, recruitment of child soldiers, piracy – as an alternative to the traditional model of addressing country-specific situations on a case-by-case basis. Ultimately, the book seeks to assess the efficacy of the Security Council as global legislator in terms of complementing the Security Council’s mandate for the maintenance of international peace and security with a preventative and norm-setting capacity. The book presents views from a diverse range of Security Council stakeholders including academic scholars, political analysts, and international lawyers. This resource will be of great interest to students of international relations, international organizations and international security studies alike.


Constitutional And Administrative Law

Author by : Neil Parpworth
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 22
Total Download : 350
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Description : Constitutional and Administrative Law guides readers through the key principles of public law, examining significant cases and recent developments along the way. The book's broad coverage is presented in a concise and easy-to-read format, while chapter summaries and self-test questions help reinforce knowledge. Highly praised by students and lecturers alike, Constitutional and Administrative Law is a must for undergraduates of all levels. Online resources This book is supported by the following online resources: - bi-annual updates keep students up to date on the latest key developments in public law - self-test questions on key topics, with feedback, provide an opportunity for students to test their learning


Accessing And Implementing Human Rights And Justice

Author by : Kurt Mills
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 11
Total Download : 101
File Size : 52,5 Mb
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Description : Accessing human rights and justice mechanisms is a pressing issue in global politics. Although an understanding of justice is inherent in broad human rights discourses, there is no clear consensus on how to develop adequate means of accessing them in order to make a difference to people’s lives. Further, expansions of the boundaries of both human rights and justice make any clear and settled understanding of the relation difficult to ascertain. This volume tackles these issues by focusing on the dilemmas of accessing and implementing human rights and justice across a range of empirical contexts while also investigating a range of conceptual approaches to, and understandings of, justice, including issues of equality, retribution, and restoration, as well as justice as a transnational professional project. The contributors, representing a range of disciplinary backgrounds and diverse voices, offer empirical examples from Afghanistan, Democratic Republic of the Congo, Syria, Tunisia, and Uganda to explore the issues of accessing and implementing human rights and justice in conflict, post-conflict, and transitional settings. This work will be of interest to students and scholars of international relations, human rights, international criminal justice, and conflict response.


The Asian Yearbook Of Human Rights And Humanitarian Law

Author by : Javaid Rehman
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 73
Total Download : 657
File Size : 54,6 Mb
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Description : The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 5 is Law, Culture and Human Rights in Asia and the Middle East.


Rights Based Constitutional Review

Author by : John Bell
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 43
Total Download : 976
File Size : 54,6 Mb
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Description : Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policymakers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.


A Companion To European Union Law And International Law

Author by : Anna Södersten
Languange : en
Publisher by : John Wiley & Sons
Format Available : PDF, ePub, Mobi
Total Read : 48
Total Download : 494
File Size : 45,8 Mb
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Description : Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differences Features contributions from renowned scholars in the fields of EU law and international law Covers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others