Constitutional category: 1750 books
Engineering Constitutional Change
A Comparative Perspective on Europe, Canada and the USA
Language: English
Release Date: December 20, 2012
This volume provides a holistic presentation of the reality of constitutional change in 18 countries (the 15 old EU member states, Canada, Switzerland and the USA). The essays offer analysis on formal and informal constitutional amendment bringing forth the overall picture of the parallel paths constitutional...
by
Language: English
Release Date: May 17, 2012
Language: English
Release Date: May 17, 2012
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion...
Constitutional Referendums
The Theory and Practice of Republican Deliberation
Language: English
Release Date: April 5, 2012
The use of referendums around the world has grown remarkably in the past thirty years and, in particular, referendums are today deployed more than ever in the settlement of constitutional questions, even in countries with little or no tradition of direct democracy. This is the first book by a constitutional...
by
Language: English
Release Date: February 8, 2018
Language: English
Release Date: February 8, 2018
Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'....
by Bosko Tripkovic
Language: English
Release Date: December 22, 2017
Language: English
Release Date: December 22, 2017
In this book Bosko Tripkovic develops a theory of value-based arguments in constitutional adjudication. In contrast to the standard question of constitutional theory that asks whether the courts get moral answers wrong, it asks a more fundamental question of whether the courts get the morality itself...
An Unamendable Constitution?
Unamendability in Constitutional Democracies
Language: English
Release Date: September 3, 2018
This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies.
Modern constitutionalism...
From Empire to Union
Conceptions of German Constitutional Law since 1871
Language: English
Release Date: January 17, 2013
Germany has long been at the centre of European debates surrounding the modern role of national constitutional law and its relationship with EU law. In 2009 the German constitutional court voted to uphold the constitutionality of the Lisbon Treaty, but its critical, restrictive decision sent shockwaves...
by Mark Tushnet
Language: English
Release Date: February 9, 2009
Language: English
Release Date: February 9, 2009
In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark...
by Klemen Jaklic
Language: English
Release Date: January 9, 2014
Language: English
Release Date: January 9, 2014
Where does the law and political power of any given territory come from? Until recently it was believed that it came from a single and hierarchical source of constitutional authority, a sovereign people and their constitution. However, how can this model account for the new Europe? Where state constitutions...
Constitutional Revolutions
Pragmatism and the Role of Judicial Review in American Constitutionalism
Language: English
Release Date: May 17, 2000
In Constitutional Revolutions Robert Justin Lipkin radically rethinks modern constitutional jurisprudence, challenging the traditional view of constitutional change as solely an extension or transformation of prior law. He instead argues for the idea of “constitutional revolutions”—landmark...
Popular Sovereignty and the Crisis of German Constitutional Law
The Theory and Practice of Weimar Constitutionalism
Language: English
Release Date: August 19, 1997
Popular Sovereignty and the Crisis of German Constitutional Law is a historical analysis of competing doctrines of constitutional law during the Weimar Republic. It chronicles the creation of a new constitutional jurisprudence both adequate to the needs of a modern welfare state and based on the principle...
by
Language: English
Release Date: July 13, 2017
Language: English
Release Date: July 13, 2017
There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites...
by Dr Nicholas Papaspyrou
Language: English
Release Date: March 22, 2018
Language: English
Release Date: March 22, 2018
US constitutional jurisprudence often conflates two distinct enquiries: how to interpret the Constitution and how to allocate interpretive authority. This book explains the distinct role of judgements about interpretive authority in constitutional practice. It argues that these judgements do not determine...
Constitutional Courts in Asia
A Comparative Perspective
Language: English
Release Date: September 30, 2018
The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism...