An Introduction to the Study of the Law of the Constitution

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.

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.

Parliament and Parliamentarism

Parliament and Parliamentarism
Author: Pasi Ihalainen
Publisher: Berghahn Books
Total Pages: 340
Release: 2016-01-01
Genre: Political Science
ISBN: 1782389555

Parliamentary theory, practices, discourses, and institutions constitute a distinctively European contribution to modern politics. Taking a broad historical perspective, this cross-disciplinary, innovative, and rigorous collection locates the essence of parliamentarism in four key aspects—deliberation, representation, responsibility, and sovereignty—and explores the different ways in which they have been contested, reshaped, and implemented in a series of representative national and regional case studies. As one of the first comparative studies in conceptual history, this volume focuses on debates about the nature of parliament and parliamentarism within and across different European countries, representative institutions, and genres of political discourse.

A.V. Dicey and the Common Law Constitutional Tradition

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.

Parliamentary Sovereignty

Parliamentary Sovereignty
Author: Jeffrey Goldsworthy
Publisher: Cambridge University Press
Total Pages:
Release: 2010-07-22
Genre: Law
ISBN: 1139491512

This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.

State of Exception

State of Exception
Author: Giorgio Agamben
Publisher: University of Chicago Press
Total Pages: 108
Release: 2008-07-18
Genre: Philosophy
ISBN: 0226009262

Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.