Journal Of Constitutional And Parliamentary Studies
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Handbook of Parliamentary Studies
| Author | : Cyril Benoît |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 512 |
| Release | : 2020-11-27 |
| Genre | : Law |
| ISBN | : 1789906512 |
This comprehensive Handbook takes a multidisciplinary approach to the study of parliaments, offering novel insights into the key aspects of legislatures, legislative institutions and legislative politics. Connecting rich and diverse fields of inquiry, it illuminates how the study of parliaments has shaped a wider understanding surrounding politics and society over the past decades.
Comparative Constitutional Design
| Author | : Tom Ginsburg |
| Publisher | : Cambridge University Press |
| Total Pages | : 407 |
| Release | : 2012-02-27 |
| Genre | : Law |
| ISBN | : 1107020565 |
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
From Dialogue to Disagreement in Comparative Rights Constitutionalism
| Author | : Scott Stephenson |
| Publisher | : Holt Prize |
| Total Pages | : 243 |
| Release | : 2016 |
| Genre | : Civil rights |
| ISBN | : 9781760020675 |
The bills of rights adopted in the Commonwealth countries of Canada, New Zealand, the United Kingdom and, at the subnational level, Australia in recent decades, have prompted scholars and institutional actors involved in the process of constitutional design and reform to rethink how to evaluate and compare the different approaches to human rights protection. They have challenged a number of assumptions in the field, for example, that courts must have the power to invalidate laws that are found to violate rights (ie courts can now be given non-binding powers), that courts must have the 'final word' on rights issues (ie legislatures can now be given the power to override judicial decisions) and that bills of rights are enforced exclusively by courts (ie legislators can now be given new responsibilities to ensure that the laws they enact are compatible with rights).This book addresses three questions arising from these developments. How do these new bills of rights differ from the traditional approaches to rights protection? Why, if at all, should we consider the Commonwealth's approach over the traditional approaches? What compromises must be struck in the course of adopting a bill of rights of this variety? In answering these questions, the book sets out a new framework for comparison that focuses on the types of inter-institutional disagreement facilitated by and found in the different approaches to rights protection. It also identifies a previously unrecognised element of the Commonwealth's approach - the normative trade-offs with other constitutional principles and values - that is pivotal to understanding its operation. Finally, it seeks to contribute to future debates about rights reform in Australia and elsewhere by setting out a number of lessons that emerge from the answers to these three questions.**Dr Scott Stephenson, From Dialogue to Disagreement in Comparative Rights Constitutionalism, was joint winner of the inaugural Holt Prize 2015.
The New Commonwealth Model of Constitutionalism
| Author | : Stephen Gardbaum |
| Publisher | : Cambridge University Press |
| Total Pages | : 275 |
| Release | : 2013-01-03 |
| Genre | : Law |
| ISBN | : 1107009286 |
Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Estates and Constitution
| Author | : István M. Szijártó |
| Publisher | : Berghahn Books |
| Total Pages | : 362 |
| Release | : 2020-09-20 |
| Genre | : History |
| ISBN | : 1789208807 |
Across eighteenth-century Europe, political power resided overwhelmingly with absolute monarchs, with notable exceptions including the much-studied British Parliament as well as the frequently overlooked Hungarian Diet, which placed serious constraints on royal power and broadened opportunities for political participation. Estates and Constitution provides a rich account of Hungarian politics during this period, restoring the Diet to its rightful place as one of the era’s major innovations in government. István M. Szijártó traces the religious, economic, and partisan forces that shaped the Diet, putting its historical significance in international perspective.
An Introduction to the Study of the Law of the Constitution
| Author | : A.V. Dicey |
| Publisher | : Springer |
| Total Pages | : 729 |
| Release | : 1985-09-30 |
| Genre | : Social Science |
| ISBN | : 134917968X |
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
A.V. Dicey and the Common Law Constitutional Tradition
| Author | : Mark D. Walters |
| Publisher | : Cambridge University Press |
| Total Pages | : 479 |
| Release | : 2020-11-12 |
| Genre | : Biography & Autobiography |
| ISBN | : 1107028477 |
Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.
The Impact of Legislatures
| Author | : Philip Norton |
| Publisher | : Routledge |
| Total Pages | : 568 |
| Release | : 2020-09-10 |
| Genre | : Education |
| ISBN | : 1000095843 |
The Impact of Legislatures brings together key articles and path-breaking scholarship published in The Journal of Legislative Studies during its first 25 years of publication, enabling the reader to make sense of the impact of legislatures in the modern world. Encompassing theory, comparative analysis, and county-based empirical studies, the volume examines the impact of legislatures as the key representative institutions of nations, addressing their relationships both to government and to the people. Legislatures are ubiquitous. They provide legitimacy to measures of public policy and to government. As such, they are key to how a nation is governed. But they do much more than confer legitimacy. They are generally multi-functional and functionally adaptable bodies, and are an essential link between citizen and government. However, scholarship on them has not been extensive and has often been descriptive and country- specific, limiting the capacity to make sense of them as a particular species of institution. The chapters in this volume reflect scholarship that helps the reader appreciate the significance of the place and consequences of legislatures, examining not only the relationship between the legislature and the executive, but also the oft-neglected relationship between legislatures and the people. Reflecting the growing body of research in the field of legislative studies, carried by The Journal of Legislative Studies since its inception in 1995, The Impact of Legislatures is essential reading for anyone wishing to understand the impact of legislatures in the world today.
Comparative Matters
| Author | : Ran Hirschl |
| Publisher | : |
| Total Pages | : 317 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : 0198714513 |
Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.
