Comparing Constitutions

Comparing Constitutions
Title Comparing Constitutions PDF eBook
Author Bernard Rudden
Publisher Oxford University Press, USA
Pages 395
Release 1995
Genre Law
ISBN 9780198763444

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A political scientist and a comparative lawyer have joined forces to produce a revised and expanded version of the late F. E. Finer's classic Five Constitutions. Their book gives the present texts of four important constitutions, the American, German, French, and Russian. It adds the basic political structure of the European Union, and provides a full account of the British constitution in the terms revealed by examination of the other texts. A general chapter on comparing constitutions is complemented by careful analytical and alphabetical indexes. This work is a useful reference work for academics and scholars interested in comparative constitutions, politics, and law.

Comparative Constitutions

Comparative Constitutions
Title Comparative Constitutions PDF eBook
Author L.Wolf- Phillips
Publisher Springer
Pages 80
Release 1972-06-18
Genre Political Science
ISBN 1349015296

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Constitutions Compared

Constitutions Compared
Title Constitutions Compared PDF eBook
Author A. W. Heringa
Publisher
Pages 0
Release 2019
Genre Comparative government
ISBN 9781780688831

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The 5th edition of this handbook provides a user-friendly introduction to comparative constitutional law. For each area of constitutional law, a general introduction and a comparative overview is provided, which is then followed by more detailed country chapters on that specific area. In this fifth edition, the author has expanded several chapters to provide for even more detail on national legal systems and constitutional comparison. In addition, he has updated the discussion wherever necessary. The book has also been expanded with a larger number of (sub)headings so as to allow for a better overview. Furthermore, this book most notably includes many constitutional developments in the constitutional systems within our scope. Including the 'Brexit' (to be) and the new compositions of the national and the European Parliament. In the previous edition the EU has more extensively been woven into this book, as a constitutional system per se and as an international organization which heavily impacts upon domestic constitutional law. This new edition has been expanded with chapters on human rights as they are protected in the constitutional legal systems, as well as in the multi-layered European legal order.This book has proven its success as a helpful guide for students who are for the first time exploring comparative constitutional law, and a solid foundation for more advanced graduate-level courses. It remains a thorough introduction which purports to give an overview, however with quite a few examples and applications in practice, and also sufficient legal and practical details to be accessible and to the point, whilst at the same time providing for the whole picture and highlighting general constitutional questions and perspectives.

The Endurance of National Constitutions

The Endurance of National Constitutions
Title The Endurance of National Constitutions PDF eBook
Author Zachary Elkins
Publisher Cambridge University Press
Pages 271
Release 2009-10-12
Genre Law
ISBN 1139479741

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Constitutions are supposed to provide an enduring structure for politics. Yet only half live more than nine years. Why is it that some constitutions endure while others do not? In The Endurance of National Constitutions Zachary Elkins, Tom Ginsburg and James Melton examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, theirs is the first comprehensive study of constitutional mortality. They show that whereas constitutions are imperilled by social and political crises, certain aspects of a constitution's design can lower the risk of death substantially. Thus, to the extent that endurance is desirable - a question that the authors also subject to scrutiny - the decisions of founders take on added importance.

Interpreting Constitutions

Interpreting Constitutions
Title Interpreting Constitutions PDF eBook
Author Jeffrey Denys Goldsworthy
Publisher Oxford University Press
Pages 372
Release 2006-02-09
Genre Law
ISBN 0199274134

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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.

Constitutional Preambles

Constitutional Preambles
Title Constitutional Preambles PDF eBook
Author Wim Voermans
Publisher Edward Elgar Publishing
Pages 355
Release 2017-06-30
Genre Law
ISBN 178536815X

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While their use and significance have increased in recent decades, constitutional preambles have received only scant attention in academic literature. This presents a uniquely quantitative and qualitative analysis of all the preambles currently in force around the world and addresses fascinating questions concerning their occurrence, content, style, function and legal status. Studying preambles not only helps us understand the phenomenon itself, but also teaches us more about constitutions and the constitutional systems in which they are situated.

Constitutions and the Commons

Constitutions and the Commons
Title Constitutions and the Commons PDF eBook
Author Blake Hudson
Publisher Routledge
Pages 289
Release 2014-03-26
Genre Law
ISBN 1136661743

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Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons – with all the attendant tragedies – in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of "Fail-safe Federalism" that subnational governments may supplement with discretion to preserve important values of federalism.