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Author: Mark D. Walters Publisher: Cambridge University Press ISBN: 1108916023 Category : Law Languages : en Pages : 479
Book Description
In the common law world, Albert Venn Dicey (1835–1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law.
Author: Mark D. Walters Publisher: Cambridge University Press ISBN: 1108916023 Category : Law Languages : en Pages : 479
Book Description
In the common law world, Albert Venn Dicey (1835–1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law.
Author: Carissima Mathen Publisher: UBC Press ISBN: 0774864303 Category : Law Languages : en Pages : 281
Book Description
The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn’t the case when Prime Minister Stephen Harper selected Justice Marc Nadon for appointment to Canada’s highest court. Here, for the first time, is the complete story of “the Nadon Reference” – one of the strangest sagas in Canadian legal history. Following the Prime Minister's announcement, controversy swirled and debate raged: as a federal court judge, was Marc Nadon eligible for one of the three seats traditionally reserved for Quebec? Then, in March 2014, the Supreme Court of Canada broke new ground in statutory interpretation and constitutional law when it released the Reference re Supreme Court Act, ss 5 and 6. With detailed historical and legal analysis, including never-before-published interviews, The Tenth Justice explains how the Nadon Reference came to be a case at all, the issues at stake, and its legacy.
Author: Susan Millns Publisher: Routledge ISBN: 1135345546 Category : Law Languages : en Pages : 325
Book Description
Feminist scholarship can provide public lawyers with the critical tools and insights to respond to these new challenges. This collection begins a dialogue between public law and feminism by offering a range of perspectives on contemporary public law themes and topics.
Author: Matthieu Burnay Publisher: Edward Elgar Publishing ISBN: 1788112393 Category : Law Languages : en Pages : 295
Book Description
This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.
Author: Ernst-Wolfgang Böckenförde Publisher: Oxford University Press ISBN: 0198714963 Category : Law Languages : en Pages : 449
Book Description
In this representative edition of Ernst-Wolfgang Bockenforde's definitive work in constitutionalism, law, and politics, readers have access to the legal discourse of one of Germany's leading contemporary theorists and former judge of the federal constitutional court.
Author: Weitseng Chen Publisher: Cambridge University Press ISBN: 1108750710 Category : Law Languages : en Pages : 409
Book Description
A cluster of Asian states are well-known for their authoritarian legality while having been able to achieve remarkable economic growth. Why would an authoritarian regime seek or tolerate a significant degree of legality and how has such type of legality been made possible in Asia? Would a transition towards a liberal, democratic system eventually take place and, if so, what kind of post-transition struggles are likely to be experienced? This book compares the past and current experiences of China, Hong Kong, South Korea, Japan, Taiwan, Singapore, and Vietnam and offers a comparative framework for readers to conduct a theoretical dialogue with the orthodox conception of liberal democracy and the rule of law.
Author: David E. Smith Publisher: University of Toronto Press ISBN: 1487521987 Category : History Languages : en Pages : 212
Book Description
In The Constitution in a Hall of Mirrors, David E. Smith presents a learned but accessible analysis of the interconnectedness of Canada's parliamentary institutions.
Author: Agustín J. Menéndez Publisher: Springer Science & Business Media ISBN: 1402049196 Category : Law Languages : en Pages : 227
Book Description
This book explores the trail-blazing Theory of Constitutional Rights of Robert Alexy. The authors combine critical analysis of the structural elements of Alexy’s theory with an assessment of its applied relevance, paying special attention to the UK Human Rights Act and the Charter of Fundamental Rights of the European Union. Alexy himself opens the book with an insightful contextualisation of his theory of fundamental rights within his general legal theory.
Author: Michael W. Dowdle Publisher: Cambridge University Press ISBN: 1107112753 Category : Law Languages : en Pages : 375
Book Description
Explores the possibilities of constitutionalism from diverse theoretical and comparative perspectives, particularly those from outside liberal and Anglo-European paradigms.
Author: Gerald Baier Publisher: UBC Press ISBN: 0774841028 Category : Law Languages : en Pages : 226
Book Description
Courts and Federalism examines recent developments in the judicial review of federalism in the United States, Australia, and Canada. Through detailed surveys of these three countries, Gerald Baier clearly demonstrates that understanding judicial doctrine is key to understanding judicial power in a federation. Baier offers overwhelming evidence of doctrine's formative role in division-of-power disputes and its positive contribution to the operation of a federal system. Courts and Federalism urges political scientists to take courts and judicial reasoning more seriously in their accounts of federal government.
Author: Mark D. Walters
Author: Mark D. Walters
Author: Carissima Mathen
Author: Susan Millns
Author: Matthieu Burnay
Author: Ernst-Wolfgang Böckenförde
Author: Weitseng Chen
Author: David E. Smith
Author: Agustín J. Menéndez
Author: Michael W. Dowdle
Author: Gerald Baier