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Author: Mirosaw Granat Publisher: ISBN: 9781032410104 Category : Constitutional courts Languages : en Pages : 0
Book Description
"This book analyses the problem of the possibility of guaranteeing the constitutionality of law in cases when a constitutional court either has been weakened or does not exist. A starting point of the research is the emergence of the so-called illiberal constitutionalism in several states, namely Poland, Hungary and Turkey, as this phenomenon gravely affects the functioning of constitutional courts. The work is divided into three parts. The first contains contributions of a theoretical nature dedicated to the current shape of constitutional review, in particular in the light of the emergence of "illiberal constitutionalism". This part of the book also deals with the collapse of the centralised constitutional review in Poland and the attempts to resolve the constitutional crisis. The second is focused on discussing specific, current problems with constitutional review, on the basis of states such as Hungary, Romania, Turkey and Poland. The third relates to other forms of constitutional review, that is, the so-called dispersed model and the parliamentary one executed in the course of the legislative process. The contributions discuss such forms of constitutional review in the Netherlands and Finland. The book will be a valuable resource for students, academics and policy-makers working in the areas of constitutional law and politics"--
Author: Miroslaw Granat Publisher: Comparative Constitutional Change ISBN: 9781032410098 Category : Constitutional courts Languages : en Pages : 0
Book Description
This book analyses the problem of the possibility of guaranteeing the constitutionality of law in cases when a constitutional court either has been weakened or does not exist. A starting point is the emergence of the so-called illiberal constitutionalism in several states as this phenomenon gravely affects the functioning of constitutional courts.
Author: Xenophon Contiades Publisher: Routledge ISBN: 1351020978 Category : Law Languages : en Pages : 469
Book Description
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
Author: Glenn Smith Publisher: John Wiley & Sons ISBN: 1118213769 Category : Law Languages : en Pages : 397
Book Description
Discover the ins and outs of Constitutional law Are you a student looking for trusted, plain-English guidance on the ins and outs of Constitutional law? Look no further! Constitutional Law For Dummies provides a detailed study guide tracking to this commonly required law course. It breaks down complicated material and gives you a through outline of the parameters and applications of the U.S. Constitution in modern, easy-to-understand language. Critical information on the Constitution's foundations, powers, and limitations A modern analysis of the Constitution's amendments Detailed information on the Supreme Court and federalism Explaining outdated governmental jargon in current, up-to-date terms, Constitutional Law For Dummies is just what you need for quick learning and complete understanding. Students studying government will also find this to be a useful supplement to a variety of courses.
Author: Kemal Gözler Publisher: Kemal Gözler ISBN: 9944141739 Category : Law Languages : en Pages : 142
Book Description
This monograph is an attempt to answer the following questions: Can constitutional courts review the constitutionality of constitutional amendments? If yes, to what extent? It is endeavored, in a comparative perspective, to answer these questions by examining the constitutions of several countries and the case law of the Austrian, German, Hungarian, Romanian, Slovenian and Turkish Constitutional Courts, French Constitutional Council, Indian, Irish, and the United States Supreme Courts.
Author: Mark Tushnet Publisher: Edward Elgar Publishing ISBN: 1781007322 Category : Law Languages : en Pages : 145
Book Description
Mark Tushnet, a world-renowned scholar of constitutional law, presents an introduction to comparative constitutional law through an analysis of topics at the cutting edge of contemporary scholarship.
Author: Randy E. Barnett Publisher: Aspen Publishing ISBN: Category : Law Languages : en Pages : 473
Book Description
An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Author: Blaine Free Moore Publisher: The Lawbook Exchange, Ltd. ISBN: 1584770996 Category : Constitutional history Languages : en Pages : 158
Book Description
Moore, Blaine Free. The Supreme Court and Unconstitutional Legislation. New York: Columbia University Press, 1913. 158 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-099-6. Cloth. $60. * A systematic examination of the Supreme Court's decisions that held certain statutes unconstitutional. Early attitudes of state courts before the Marbury v. Madison ruling by Justice Marshall in 1803, as well as the attitudes of federal courts following that decision are discussed separately. A thorough Appendix includes a statistical summary of unconstitutional legislation, a list of all cases in which state enactments were declared unconstitutional by the same court because of conflict with the federal constitution and more. Reprint of Volume LIV, Number 2, Whole Number 133, from the series Studies in History, Economics and Public Law, edited by the Faculty of Political Science of Columbia University.
Author: Thomas Bustamante Publisher: Springer ISBN: 3319283715 Category : Law Languages : en Pages : 330
Book Description
This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.
Author: Michael J. Perry Publisher: Oxford University Press ISBN: 0195355792 Category : Law Languages : en Pages : 288
Book Description
In the modern period of American constitutional law--the period since the U.S. Supreme Court outlawed racially segregated public schooling in Brown v. Board of Education (1954)--there has been a persistent and vigorous debate in the United States about whether the Court has merely been enforcing the Constitution or whether, instead, in the guise of enforcing the Constitution, the Court has really been usurping the legislative prerogative of making political choices about controversial issues. In this book, Professor Perry carefully disentangles and then thoughtfully addresses the various fundamental issues at the heart of the controversy: What is the argument for "judicial review"? What approach to constitutional interpretation should inform the practice of judicial review? How large or small a role should the Court play in bringing the interpreted Constitution to bear in resolving constitutional conflicts? To what extent are the Court's most controversial modern decisions--for example, decisions about racial segregation, discrimination based on sex, abortion, and homosexuality--sound; to what extent are they problematic? The Constitution in the Courts is a major contribution to one of the most fundamental controversies in modern American politics and law.
Author: Mirosaw Granat
Author: Miroslaw Granat
Author: Xenophon Contiades
Author: Orrin Nelson Carter
Author: Glenn Smith
Author: Kemal Gözler
Author: Mark Tushnet
Author: Randy E. Barnett
Author: Blaine Free Moore
Author: Thomas Bustamante
Author: Michael J. Perry