Unconstitutional Constitutional Amendments

Unconstitutional Constitutional Amendments
Author: Yaniv Roznai
Publisher: Oxford University Press
Total Pages: 369
Release: 2017
Genre: Law
ISBN: 0198768796

Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.

Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law)

Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law)
Author:
Publisher: BRILL
Total Pages: 240
Release: 2019-12-16
Genre: Law
ISBN: 9004417354

The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I: Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Judit Beke-Martos, Jiří Brňovják, Marjorie Carvalho de Souza, Michał Gałędek, Imre Képessy, Ivan Kosnica, Simon Lavis, Maja Maciejewska-Szałas, Tadeusz Maciejewski, Thomas Mohr, Balázs Pálvölgyi, and Marek Starý.

A Berlin Republic

A Berlin Republic
Author: Jürgen Habermas
Publisher: John Wiley & Sons
Total Pages: 128
Release: 2015-10-08
Genre: Social Science
ISBN: 0745694322

A Berlin Republic brings together writings on the new, united Germany by one of their most original and trenchant commentators, Jürgen Habermas. Among other topics, he addresses the consequences of German history, the challenges and perils of the post-Wall era, and Germany's place in contemporary Europe. Here, as in his earlier The Past as Future, Habermas emerges as an inspired analyst of contemporary German political and intellectual life. He repeatedly criticizes recent efforts by historical and political commentators to 'normalize' and, in part, to understate the horrors of modern German history. He insists that 1945 - not 1989 - was the crucial turning point in German history, since it was then that West Germany decisively repudiated certain aspects of its cultural and political past (nationalism and antisemitism in particular) and turned towards Western Traditions of democracy: free and open discussion, and respect for the civil rights of all individuals. Similarly, Habermas deplores the renewal of nationalist sentiment in Germany and throughout Europe. Drawing upon his vast historical knowledge and contemporary insight, Habermas argues for heightened emphasis on trans-European and global democratic institutions - institutions far better suited to meet the challenges (and dangers) of the next century.

Courts, Politics and Constitutional Law

Courts, Politics and Constitutional Law
Author: Martin Belov
Publisher: Routledge
Total Pages: 189
Release: 2019-10-16
Genre: Law
ISBN: 1000707970

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Carl Schmitt

Carl Schmitt
Author: Joseph J. Bendersky
Publisher: Princeton University Press
Total Pages: 336
Release: 2014-07-14
Genre: Political Science
ISBN: 1400853257

Basing his work on the writings of Schmitt and his contemporaries, extensive new archival documentation, and parts of Schmitt's personal papers, Professor Bendersky uses Schmitt's public career as a framework for re-evaluating his contributions to political and legal theory. This book establishes that Schmitt's late Weimar writings were directed at preventing rather than encouraging the Nazi acquisition of power. Originally published in 1983. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Supreme Courts and Judicial Law-Making

Supreme Courts and Judicial Law-Making
Author: Edward McWhinney
Publisher: Martinus Nijhoff Publishers
Total Pages: 334
Release: 1986
Genre: Law
ISBN: 9789024732036

This book gives a broad understanding of the Belgian Constitutional History including a General Introduction, the Sources of Constitutional Law, its Form of Government, The State & its Subdivisions, Citizenship & its Administration of Justice & Specific Problems. Added features of this publication include a list of abbreviations, an extensive glossary, maps, & charts. This book is an offprint of the International Encyclopaedia of Laws: Constitutional Law .