World Constitution A Comparative Study
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Author | : Vishnoo Bhagwan |
Publisher | : Sterling Publishers Pvt. Ltd |
Total Pages | : 989 |
Release | : |
Genre | : Self-Help |
ISBN | : 8120792580 |
This ninth revised edition of World Constitutions, a monumental work by seasoned authors, portrays the conceptual and legal framework of parliamentary democracies like the UK, Japan, Canada and Australia as well as of a presidential democracy like the USA. Tony Blair’s exit and making way for Gordon Brown as Prime Minister of UK, the spectacular triumph of Barack Obama as President of US and his sincere efforts to usher in an era of all-round peace and tranquility in hitherto strife-torn world, confronted with recession and morass of economic instability and insecurity have been covered while revising the book. The victory of Nicolas Sarcozy at the hustings in France has further given a flip to the concept of peace which has been on the last leg during the preceding regimes in some of the top democratic countries of the world. The Communist China which was vying with erstwhile Soviet Union sometime back has been given a prominent place in the book, portraying its considerably liberalised and substantially modernised socialistic infrastructure. The Swiss Constitution, the only direct democracy in the world, which is a judicious combination of presidential and parliamentary forms of democracy has been analytically presented. An incisive and comparative study of these constitutions will enable the reader to obtain an unbiased and dispassionate view of their working. Where necessary, eminent authorities on the subject have been quoted copiously. The book has been updated by incorporating the latest amendments to the constitutions. The Constitution of the Russian Federation has also been included while giving a synoptic reference to former Soviet Union, which was once a super power to reckon with.
Author | : Vishnoo Bhagwan |
Publisher | : |
Total Pages | : |
Release | : 1998 |
Genre | : Constitutional history |
ISBN | : |
Author | : Jeffrey Denys Goldsworthy |
Publisher | : Oxford University Press |
Total Pages | : 372 |
Release | : 2006-02-09 |
Genre | : Law |
ISBN | : 0199274134 |
This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.
Author | : L.Wolf- Phillips |
Publisher | : Springer |
Total Pages | : 80 |
Release | : 1972-06-18 |
Genre | : Political Science |
ISBN | : 1349015296 |
Author | : David Landau |
Publisher | : Edward Elgar Publishing |
Total Pages | : 623 |
Release | : 2019 |
Genre | : Law |
ISBN | : 1785365266 |
Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
Author | : Tom Ginsburg |
Publisher | : Edward Elgar Publishing |
Total Pages | : 681 |
Release | : 2011-01-01 |
Genre | : Law |
ISBN | : 0857931210 |
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
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.
Author | : Erin F. Delaney |
Publisher | : Edward Elgar Publishing |
Total Pages | : 463 |
Release | : 2018 |
Genre | : Law |
ISBN | : 1788110609 |
Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
Author | : Dawn Oliver |
Publisher | : Bloomsbury Publishing |
Total Pages | : 550 |
Release | : 2011-08-09 |
Genre | : Law |
ISBN | : 184731788X |
This set of essays explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. For a range of reasons, including internal and external pressures, the constitutional arrangements in many countries are changing. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind, or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (eg agencification) affect or articulate or alter the operation of the constitution of the country, without the need to resort to formal change. The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.
Author | : Michel Rosenfeld |
Publisher | : OUP Oxford |
Total Pages | : 1416 |
Release | : 2012-05-17 |
Genre | : Law |
ISBN | : 0191640166 |
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.