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Worth A Thousand Words

Is the Supreme Court the Guardian of the Constitution? PDF Author: Robert A. Licht
Publisher: American Enterprise Institute
ISBN: 9780844738130
Category : Law
Languages : en
Pages : 224

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Book Description
This book examines the controversy surrounding the conventional wisdom that the Court is the guardian of the Constitution and the ultimate defender of our liberties.

Is the Supreme Court the Guardian of the Constitution?

Is the Supreme Court the Guardian of the Constitution? PDF Author: Robert A. Licht
Publisher: American Enterprise Institute
ISBN: 9780844738130
Category : Law
Languages : en
Pages : 224

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Book Description
This book examines the controversy surrounding the conventional wisdom that the Court is the guardian of the Constitution and the ultimate defender of our liberties.

The Guardian of the Constitution

The Guardian of the Constitution PDF Author: Hans Kelsen
Publisher: Cambridge University Press
ISBN: 110709268X
Category : Law
Languages : en
Pages : 291

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Book Description
The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.

The New Fourth Branch

The New Fourth Branch PDF Author: Mark Tushnet
Publisher: Cambridge University Press
ISBN: 1316517837
Category : Law
Languages : en
Pages : 197

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Book Description
Analyses why constitution-designers have come to establish institutions protecting constitutional democracy in modern constitutions.

Lok Sabha Debates

Lok Sabha Debates PDF Author: India. Parliament. Lok Sabha
Publisher:
ISBN:
Category : India
Languages : en
Pages : 536

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Justifying Injustice

Justifying Injustice PDF Author:
Publisher: Cambridge University Press
ISBN: 110891635X
Category : Law
Languages : en
Pages :

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Book Description
Post-war legal scholars commonly consider the Third Reich's judicial system to be the paradigm of 'evil law'. By examining how crucial parts of this distorted normative order evolved and were justified by regime-loyal legal theorists, we can appreciate how law can bend to a political ideology and fail to keep state power from transgressing elementary standards of humanity and the rule of law. From 1933 to 1939, a flood of publications reflected on the question of how to adapt law to the political ends of National Socialism, debating both the normative and constitutional foundations of the National Socialist state, and the proper form and content of criminal and police law in this new political framework. These debates, the main threads of which are central to this book, reveal the normative ideas driving the Führer state and the legal subtext to the Nazi regime's escalating atrocities.

The Constitutional Theory of the Federation and the European Union

The Constitutional Theory of the Federation and the European Union PDF Author: Signe Rehling Larsen
Publisher: Oxford University Press
ISBN: 0192603000
Category : Law
Languages : en
Pages : 224

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Book Description
From the start of the European integration process, one question has puzzled scholars: what type of political association is the European Union? In absence of an agreed upon response, most scholars have suggested that the European Union is 'sui generis'. This book challenges the sui generis thesis by demonstrating that the EU is not a unique form of association, but rather a federal union of states, or what this book calls a federation. This is a discrete form of political association on par with, though differentiated from, political modernity's two other main forms, namely the state and the empire. The federation cannot be understood on the basis of the general theory of the state or its concept of sovereignty. The 'statist' imaginary still dominates both the debates on federalism and the EU, meaning that all federal policies are either seen as 'confederal' associations of sovereign states or sovereign federal states. This book challenges this binary by demonstrating that the federation is not a 'super state' but a discrete political form with its own constitutional theory. It is characterized by a double political existence, a lack of internal hierarchy, and the internal absence, contestation, or repression of sovereignty. This book details the key aspects of federal constitutional theory and how this theory accounts for the EU's constitutional form as well as the crises it has faced in recent years. This book is broken into five chapters that cover the introduction to federalism, origins of the EU, state transformation and teleology, unity in diversity, and emergency rule without a sovereign. This book draws on a variety of literatures and historical material to help the reader develop a critical understanding of 'constitutional myths' and the theory of federalism.

Constitutional and Political Theory

Constitutional and Political Theory PDF Author: Ernst-Wolfgang Böckenförde
Publisher: Oxford University Press
ISBN: 0191024570
Category : Law
Languages : en
Pages : 280

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Book Description
Ernst-Wolfgang Böckenförde (b. 1930) is one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (December 1983 - May 1996), Böckenförde has been a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political and ethical problems. Thus, his writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and holder of one the most important and most trusted public offices, Böckenförde has influenced the way in which academics and citizens think about law and politics. During his tenure as a member of the Second Senate of the Federal Constitutional Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions pertaining to the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. In the first representative edition in English of Böckenförde's writings, this volume brings together his essays on constitutional and political theory. These include: political theory of the state; constitutional theory; constitutional norms and fundamental rights; the relationship between state, citizenship, and political autonomy. Each of these cornerstones of Böckenförde's legal and political thinking feature introductions to the articles as well as a running editorial commentary to the work. A second volume will follow this collection, focusing on religion, law, and democracy.

Routledge Handbook of Constitutional Law in Greater China

Routledge Handbook of Constitutional Law in Greater China PDF Author: Ngoc Son Bui
Publisher: Taylor & Francis
ISBN: 1000800571
Category : Law
Languages : en
Pages : 517

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Book Description
The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts: Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws. Part II: Structure. This part discusses the relationship between the party-state and the Chinese constitutional order; Chinese constitutionalism; constitutional aspects of city development under the SAR concept; constitutional review in Mainland China; a history of Taiwan’s ‘Council of Grand Justices’; and judicial review in both Hong Kong and Macau. Part III: Rights, Society, and Economy. This part deals with Hong Kong’s National Security Law and its impact on the ‘one country, two systems model’; social movements and constitutionalism; LGBT rights advocacy; the integration of capitalist regions within socialist China; the constitutional relevance of labour reforms in Mainland China; healthcare rights in both the Mainland and the SARS; and foreign investment under Art. 18 of the PRC Constitution. Part IV: Transnational Engagement. This part surveys comparative writings on China’s constitution; the influence of international human rights treaties on China’s constitutional order; the international dimension of Hong Kong’s constitutional order; and the changing role of the ‘overseas judges’ in Hong Kong. Exploring both historical and cutting-edge constitutional issues, this reference book is important reading for law researchers, lawyers, graduate students, undergraduates, and practitioners in the field of constitutional law and politics in Mainland China, Taiwan, Hong Kong, and Macau.

Post Sovereign Constitution Making

Post Sovereign Constitution Making PDF Author: Andrew Arato
Publisher: Oxford University Press
ISBN: 0191074020
Category : Law
Languages : en
Pages : 300

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Book Description
Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.

The Protection of Fundamental Rights by the Constitutional Court

The Protection of Fundamental Rights by the Constitutional Court PDF Author: European Commission for Democracy through Law
Publisher: Council of Europe
ISBN: 9789287129604
Category : Political Science
Languages : en
Pages : 313

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Book Description
Mr Nikolai V. VITROUK.