Comparative Constitutional Reasoning

Comparative Constitutional Reasoning
Author: András Jakab
Publisher: Cambridge University Press
Total Pages: 867
Release: 2017-04-27
Genre: Law
ISBN: 1108138616

To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

The Constitution of Czechia

The Constitution of Czechia
Author: David Kosar
Publisher: Bloomsbury Publishing
Total Pages: 215
Release: 2021-09-09
Genre: Law
ISBN: 1509920544

This book provides a contextual and authoritative overview of the principles, doctrines and institutions that underpin the Czech constitution. The book explores key topics including; the Czech pluralist constitution, constitutional principles, the interaction between the legislature, executive and the judiciary, the role of local governance and application of fundamental rights in practice. It also covers the morphing of Czech constitutionalism as a result of personal politics, conventions, informal institutions and constitutional narratives and sentiments. This informative study allows students and scholars of law and politics to develop an informed view of how Czech democracy actually works and what its main challenges are.

The Break-up of Czechoslovakia

The Break-up of Czechoslovakia
Author: Oldřich Dědek
Publisher:
Total Pages: 232
Release: 1996
Genre: Business & Economics
ISBN:

This work examines the dissolution of Czechoslovakia in 1993. The emphasis is on the economic side of the process, and the economic history which preceded the split is analyzed. The original policy measures adopted to minimize the dissolution shocks are described, as are the recent post-split trends in both the successor economies. This work aims to provide a detailed insight into the process of the split and to serve as a source of knowledge in today's world of growing nationalism.

Human Rights

Human Rights
Author: Thomas David Jones
Publisher: Martinus Nijhoff Publishers
Total Pages: 346
Release: 1998
Genre: Political Science
ISBN: 9789041102652

The Nature of Human Rights.

National Constitutions and EU Integration

National Constitutions and EU Integration
Author: Stefan Griller
Publisher: Bloomsbury Publishing
Total Pages: 863
Release: 2022-08-25
Genre: Law
ISBN: 1509906746

Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration? This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees. In doing so, it tracks possible roadblocks to the future evolution of European integration. Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape. Its single-structure approach allows for comparison while maintaining consistency. It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration.

Civil Servants and Their Constitutions

Civil Servants and Their Constitutions
Author: John Anthony Rohr
Publisher:
Total Pages: 236
Release: 2002
Genre: Law
ISBN:

Public administration as an American profession originated in the early twentieth century with urban reformers advocating the application of scientific and business practices to rehabilitate corrupt city governments. That approach transformed governance in the United States but also guaranteed recurrent debate over the proper role of public administrators, who must balance the often contradictory demands of efficiency and politically defined notions of the public good. Currently the business approach holds sway. Legitimated by Al Gore's National Performance Review, the New Public Management movement promotes entrepreneurs over civil servants, performance over process, decentralization over centralization, and flexibility over rules. John Rohr demurs, arguing that the movement goes too far in downplaying the distinctively American challenges arising from the separated powers principle. Consequently, the NPM alienates public management from its natural home—a nation-state established within a constitutional order. According to Rohr, "nothing is more fundamental to governance than a constitution; and therefore to stress the constitutional character of administration is to establish the proper role of administration as governance that includes management but transcends it as well." This is not a novel argument for Rohr, who was recognized in 1999 by the Louis Brownlow Committee of the National Academy of Public Administration for his lifetime contributions on the "constitutional underpinnings" of public administration. But this new version of his rule-of-law critique directly addresses the NPM's excesses, framed convincingly as a comparative study of cases found in four countries spanning three centuries. As a result, Rohr establishes that the constitutional-administrative nexus is intimate, stable, pervasive, and enduring. The first half of the book examines the linkages between constitutions and administrations in France, the United Kingdom, and Canada, all of them sufficiently similar to the United States to make comparisons meaningful and sufficiently different to provide illuminating perspectives on domestic practices. The examples extend from the French Revolution through the founding of the Canadian Confederation in the 1860s to such contemporary issues as the influence of administrative directives from Brussels on the British courts. The second half of the book examines American cases in three categories: separation of powers, individual rights, and federalism. In each case Rohr highlights instances of public management "with all its warts and wrinkles tending to the mundane details of translating great constitutional principles into everyday actions." American administrative law, Rohr concludes, has structured safeguards to protect the integrity of administrative decision-making while also holding it accountable. Constitutional law has helped establish civil servants' freedom of speech and applied the fundamental principles of federalism to the administrative process. He summarizes his findings from the case studies by saying that the constitutional role of American civil servants comes not only from specific American experiences but also from the very nature of civil service.

The Europa World Year Book 2003

The Europa World Year Book 2003
Author: Europa Publications
Publisher: Taylor & Francis
Total Pages: 2470
Release: 2003
Genre: Associations, institutions, etc
ISBN: 9781857432275

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

Political Handbook of the World 1998

Political Handbook of the World 1998
Author: Arthur S. Banks
Publisher: Springer
Total Pages: 1300
Release: 2016-02-01
Genre: Political Science
ISBN: 1349149519

Political Handbook of the World annually provides up-to-date political information on all the world's countries in a balanced, accurate and comprehensive manner. A singular and authoritative reference work for nearly 70 years, each new volume builds on the research and scholarship of previous editions, offering rare insight into stories making headlines, judiciously outlining contemporary conflicts and analysing current foreign policy within the informed context of past events and decisions. It is considered to be the single-volume reference work of choice for libraries, diplomats, academic faculties, international corporations, and others needing accurate, timely information.