Author:
Publisher:
ISBN: 9786210450545
Category :
Languages : en
Pages : 0
Book Description
The Local Government Code of 1991 Annotated
Introduction to Public International Law
Author: Joaquin G. Bernas
Publisher:
ISBN: 9789712353512
Category : International law
Languages : en
Pages : 0
Book Description
Publisher:
ISBN: 9789712353512
Category : International law
Languages : en
Pages : 0
Book Description
Philippine Political Law
Author: Isagani A. Cruz
Publisher:
ISBN: 9789711602536
Category : Constitutional law
Languages : en
Pages : 504
Book Description
Publisher:
ISBN: 9789711602536
Category : Constitutional law
Languages : en
Pages : 504
Book Description
The Politico-Legal Dynamics of Judicial Review
Author: Theunis Roux
Publisher: Cambridge University Press
ISBN: 1108670474
Category : Law
Languages : en
Pages : 389
Book Description
Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.
Publisher: Cambridge University Press
ISBN: 1108670474
Category : Law
Languages : en
Pages : 389
Book Description
Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.
Constitutionalism, Identity, Difference, and Legitimacy
Author: Michel Rosenfeld
Publisher: Duke University Press
ISBN: 9780822315162
Category : History
Languages : en
Pages : 452
Book Description
The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR
Publisher: Duke University Press
ISBN: 9780822315162
Category : History
Languages : en
Pages : 452
Book Description
The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR
Consequential Courts
Author: Diana Kapiszewski
Publisher: Cambridge University Press
ISBN: 1107026539
Category : Law
Languages : en
Pages : 453
Book Description
Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.
Publisher: Cambridge University Press
ISBN: 1107026539
Category : Law
Languages : en
Pages : 453
Book Description
Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.
Colombian Constitutional Law
Author: Manuel José Cepeda Espinosa
Publisher: Oxford University Press
ISBN: 0190640383
Category : Law
Languages : en
Pages : 449
Book Description
This book provides in English the case law of the Colombian Constitutional Court, which has become one of the most creative and important courts of the global south and the world since its creation in 1991. It offers concise and carefully chosen extracts of the Court's most important cases, along with notes and introductory materials to place them in historical and comparative context. The book covers the Court's landmark rights jurisprudence, including the decriminalization of drug possession, the legalization of same-sex marriage, the protection of social rights through broad structural orders such as the ones covering internally displaced persons and the right to health. It also covers the protection of the rights of indigenous peoples to cultural autonomy and to be consulted before economic projects are undertaken on their land, and the rights of victims of the country's long-running internal armed conflict to truth, justice, and reparations. Also provided are the Court's most noteworthy structural cases, particularly its successful attempt to limit the use of states of exception and its substitution of the constitution doctrine, which allows it to strike down amendments that replace rather than amending core principles of the existing constitutional order. The materials focus on the Court's contributions in a comparative perspective, showing how they are exemplary of a range of problems faced by courts around the world and particularly as an example of aggressive judicial review by the courts of the global south. At the same time, they demonstrate how many of the Court's key cases - such as the judicial review of the peace process with guerrilla groups or the striking down of an amendment to allow a popular president to seek a third term - are reactions to the historical features of the Colombian legal and social landscape.
Publisher: Oxford University Press
ISBN: 0190640383
Category : Law
Languages : en
Pages : 449
Book Description
This book provides in English the case law of the Colombian Constitutional Court, which has become one of the most creative and important courts of the global south and the world since its creation in 1991. It offers concise and carefully chosen extracts of the Court's most important cases, along with notes and introductory materials to place them in historical and comparative context. The book covers the Court's landmark rights jurisprudence, including the decriminalization of drug possession, the legalization of same-sex marriage, the protection of social rights through broad structural orders such as the ones covering internally displaced persons and the right to health. It also covers the protection of the rights of indigenous peoples to cultural autonomy and to be consulted before economic projects are undertaken on their land, and the rights of victims of the country's long-running internal armed conflict to truth, justice, and reparations. Also provided are the Court's most noteworthy structural cases, particularly its successful attempt to limit the use of states of exception and its substitution of the constitution doctrine, which allows it to strike down amendments that replace rather than amending core principles of the existing constitutional order. The materials focus on the Court's contributions in a comparative perspective, showing how they are exemplary of a range of problems faced by courts around the world and particularly as an example of aggressive judicial review by the courts of the global south. At the same time, they demonstrate how many of the Court's key cases - such as the judicial review of the peace process with guerrilla groups or the striking down of an amendment to allow a popular president to seek a third term - are reactions to the historical features of the Colombian legal and social landscape.
The Evolution of the Separation of Powers
Author: David Bilchitz
Publisher: Edward Elgar Publishing
ISBN: 1785369776
Category : Constitutional law
Languages : en
Pages : 277
Book Description
To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often include newer forms of rights – such as socioeconomic and environmental rights – and are written with an explicitly transformative purpose. They also often reflect include new independent bodies such as human rights commissions and electoral tribunals whose position and function within the traditional structure is novel. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. The chapters in this edited volume grapple with these shifts and the ways in which the doctrine of the separation of powers might respond to them. It also asks whether the shifts that are taking place are mostly a product of the constitutional systems of the global south, or instead reflect changes that run across most liberal democratic constitutional systems around the world.
Publisher: Edward Elgar Publishing
ISBN: 1785369776
Category : Constitutional law
Languages : en
Pages : 277
Book Description
To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often include newer forms of rights – such as socioeconomic and environmental rights – and are written with an explicitly transformative purpose. They also often reflect include new independent bodies such as human rights commissions and electoral tribunals whose position and function within the traditional structure is novel. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. The chapters in this edited volume grapple with these shifts and the ways in which the doctrine of the separation of powers might respond to them. It also asks whether the shifts that are taking place are mostly a product of the constitutional systems of the global south, or instead reflect changes that run across most liberal democratic constitutional systems around the world.
Routledge Handbook of Constitutional Law
Author: Mark Tushnet
Publisher: Routledge
ISBN: 1135100195
Category : Law
Languages : en
Pages : 529
Book Description
The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions. Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems Part Three: Rights covers the key rights often enshrined in constitutions Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.
Publisher: Routledge
ISBN: 1135100195
Category : Law
Languages : en
Pages : 529
Book Description
The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions. Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems Part Three: Rights covers the key rights often enshrined in constitutions Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.
Clan Politics and Regime Transition in Central Asia
Author: Kathleen Collins
Publisher: Cambridge University Press
ISBN: 113946177X
Category : Political Science
Languages : en
Pages : 15
Book Description
This book is a study of the role of clan networks in Central Asia from the early twentieth century through 2004. Exploring the social, economic, and historical roots of clans, and their political role and political transformation in the Soviet and post-Soviet periods, it argues that clans are informal political actors that are critical to understanding politics in this region. The book demonstrates that the Soviet system was far less successful in transforming and controlling Central Asian society, and in its policy of eradicating clan identities, than has often been assumed. In order to understand Central Asian politics and their economies, scholars and policy makers must take into account the powerful role of these informal groups, how they adapt and change over time, and how they may constrain or undermine democratization in this strategic region.
Publisher: Cambridge University Press
ISBN: 113946177X
Category : Political Science
Languages : en
Pages : 15
Book Description
This book is a study of the role of clan networks in Central Asia from the early twentieth century through 2004. Exploring the social, economic, and historical roots of clans, and their political role and political transformation in the Soviet and post-Soviet periods, it argues that clans are informal political actors that are critical to understanding politics in this region. The book demonstrates that the Soviet system was far less successful in transforming and controlling Central Asian society, and in its policy of eradicating clan identities, than has often been assumed. In order to understand Central Asian politics and their economies, scholars and policy makers must take into account the powerful role of these informal groups, how they adapt and change over time, and how they may constrain or undermine democratization in this strategic region.