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Deciphering the Genome of Constitutionalism

Deciphering the Genome of Constitutionalism
Author: Ran Hirschl
Publisher: Cambridge University Press
Total Pages: 387
Release: 2024-03-31
Genre: Law
ISBN: 1009473247

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"Featuring key scholars of comparative constitutionalism, constitutional theory, and constitutional politics, this book provides a comprehensive, theoretical, comparative, normative, and empirical account of the concept of constitutional identity. It will appeal to scholars, students, jurists, and constitutional drafters alike"--


Constitutional Identity in a Europe of Multilevel Constitutionalism

Constitutional Identity in a Europe of Multilevel Constitutionalism
Author: Christian Calliess
Publisher: Cambridge University Press
Total Pages: 393
Release: 2019-10-24
Genre: Law
ISBN: 1108480438

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Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.


European Yearbook of Constitutional Law 2022

European Yearbook of Constitutional Law 2022
Author: Jurgen de Poorter
Publisher: Springer Nature
Total Pages: 236
Release: 2023-07-25
Genre: Law
ISBN: 9462655952

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The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This fourth volume of the EYCL addresses the underexplored and contentious topic of whether the EU possesses a constitutional identity of its own. To date, the main focus of scholarship and case law concerns the constitutional identities of the Member States of the EU. This is because the EU has to respect such identities according to article 4(2) TEU. The attention for Member States’ constitutional identities stands in stark contrast to the notion of an EU constitutional identity. Such an identity features very little in the literature and debate on constitutional identity and the legal architecture of the EU. Consequently, this edition of the EYCL addresses the gap in legal research by studying constitutional identity with a focus on the EU itself. The book explores various views on whether the EU possesses such an identity and what any possible identity might entail. In this way, a fuller and more inclusive picture can be formed of constitutional identity as it relates to the multilevel constitutional order inhabited by the EU and its Member States. This volume will be of special interest to constitutional and legal scholars who are interested in EU and national constitutional law, as well as to political scientists. In addition, the book is relevant for judges, government officials, judges and policy-makers who work with EU (constitutional) law and its relationship with national (constitutional) law. Jurgen de Poorter is State Councillor at the Dutch Council of State and professor at Tilburg Law School, Department of Public Law and Governance. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is assistant professor at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore. Ingrid Leijten is professor at Tilburg Law School, Department of Public Law and Governance. Charlotte van Oirsouw is PhD researcher at Utrecht University, Department of Constitutional and Administrative Law.


Law, Culture and Identity in Central and Eastern Europe

Law, Culture and Identity in Central and Eastern Europe
Author: Cosmin Cercel
Publisher: Taylor & Francis
Total Pages: 375
Release: 2023-12-01
Genre: Law
ISBN: 1003812953

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Mirosław Michał Sadowski is Lecturer at the University of Strathclyde in Glasgow, Scotland; Affiliated Researcher at the Centre for Global Studies, Alberta University in Lisbon, Portugal; Postdoctoral Researcher at CEBRAP – Brazilian Center of Analysis and Planning in São Paulo, Brazil; Research Assistant at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland.


Reforming Philosophy

Reforming Philosophy
Author: Laura J. Snyder
Publisher: University of Chicago Press
Total Pages: 386
Release: 2010-11-15
Genre: Science
ISBN: 0226767353

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The Victorian period in Britain was an “age of reform.” It is therefore not surprising that two of the era’s most eminent intellects described themselves as reformers. Both William Whewell and John Stuart Mill believed that by reforming philosophy—including the philosophy of science—they could effect social and political change. But their divergent visions of this societal transformation led to a sustained and spirited controversy that covered morality, politics, science, and economics. Situating their debate within the larger context of Victorian society and its concerns, Reforming Philosophy shows how two very different men captured the intellectual spirit of the day and engaged the attention of other scientists and philosophers, including the young Charles Darwin. Mill—philosopher, political economist, and Parliamentarian—remains a canonical author of Anglo-American philosophy, while Whewell—Anglican cleric, scientist, and educator—is now often overlooked, though in his day he was renowned as an authority on science. Placing their teachings in their proper intellectual, cultural, and argumentative spheres, Laura Snyder revises the standard views of these two important Victorian figures, showing that both men’s concerns remain relevant today. A philosophically and historically sensitive account of the engagement of the major protagonists of Victorian British philosophy, Reforming Philosophy is the first book-length examination of the dispute between Mill and Whewell in its entirety. A rich and nuanced understanding of the intellectual spirit of Victorian Britain, it will be welcomed by philosophers and historians of science, scholars of Victorian studies, and students of the history of philosophy and political economy.


A History of the Constitution of Bangladesh

A History of the Constitution of Bangladesh
Author: Ridwanul Hoque
Publisher: Taylor & Francis
Total Pages: 392
Release: 2023-09-01
Genre: Law
ISBN: 1000934160

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Marking the 50th anniversary of Bangladesh's Constitution, this book gauges its development from 1972 to 2022, focusing on its foundational goals, performances, and current challenges. The collection, presenting diverse but issue-specific chapters, shows how the people, political parties and leaders, and constitutional and legal institutions interact with each other in advancing, breaking, and remaking their Constitution. It examines the local context, parliamentary history, and interpretive tools adopted by the Supreme Court in understanding the Constitution as well as the future prospect of constitutional politics and practices. The work brings together legal professionals and constitutional law scholars to encapsulate the panorama of the country’s constitutional evolution. The authors look back to the history of constitution-making, to reflect critically on the present in light of the founding goals, spirits, and aspirations and with a view to offering a forward-looking and resilient vision of constitutionalism in Bangladesh. The book will be of interest to researchers, academics, and policy-makers working in the areas of comparative constitutional law and politics and South Asian Studies.


Constitutional Theocracy

Constitutional Theocracy
Author: Ran Hirschl
Publisher: Harvard University Press
Total Pages: 315
Release: 2010-11
Genre: Law
ISBN: 0674048199

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Ran Hirschl undertakes a rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world. --from publisher description.


Constitutional Identity

Constitutional Identity
Author: Gary J. Jacobsohn
Publisher: Harvard University Press
Total Pages: 389
Release: 2010-10-25
Genre: Law
ISBN: 0674047664

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"Argues that a constitution acquires an identity through experience--from a mix of the political aspirations and commitments that express a nation's past and the desire to transcend that past. It is changeable but resistant to its own destruction and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. Jacobsohn argues that the presence of disharmony--both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate--is critical to understnading the theory and dynamics of constitutional identity"--Jacket.


Presidential Legislation in India

Presidential Legislation in India
Author: Shubhankar Dam
Publisher: Cambridge University Press
Total Pages: 279
Release: 2014
Genre: Law
ISBN: 1107039711

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This book is a study of the president of India's authority to enact legislation (or ordinances) at the national level without involving parliament.


American Sovereigns

American Sovereigns
Author: Christian G. Fritz
Publisher: Cambridge University Press
Total Pages:
Release: 2007-10-29
Genre: History
ISBN: 9781139467179

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American Sovereigns: The People and America's Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 Federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity - the people - would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. The idea of the people as the sovereign both unified and divided Americans in thinking about government and the basis of the Union. Today's constitutionalism is not a natural inheritance, but the product of choices Americans made between shifting understandings about themselves as a collective sovereign.