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Buddhism and Comparative Constitutional Law

Buddhism and Comparative Constitutional Law
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 405
Release: 2022-12
Genre: Law
ISBN: 1009286048

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Filling a gap in the fields of comparative law, religious studies, and political science, this is the first comprehensive account of Buddhism's complex entanglement with constitutional law, written by experts from across Asia and beyond.


Buddhism, Politics and the Limits of Law

Buddhism, Politics and the Limits of Law
Author: Benjamin Schonthal
Publisher: Cambridge University Press
Total Pages: 319
Release: 2016-11-17
Genre: Law
ISBN: 1107152232

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Examining Sri Lanka's religious and legal pasts, this is the first extended study of Buddhism and constitutional law.


Buddhism, Politics and the Limits of Law

Buddhism, Politics and the Limits of Law
Author: Benjamin Schonthal
Publisher: Cambridge University Press
Total Pages: 319
Release: 2016-11-17
Genre: Law
ISBN: 1316824675

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It is widely assumed that a well-designed and well-implemented constitution can help ensure religious harmony in modern states. Yet how correct is this assumption? Drawing on groundbreaking research from Sri Lanka, this book argues persuasively for another possibility: when it comes to religion, relying on constitutional law may not be helpful, but harmful; constitutional practice may give way to pyrrhic constitutionalism. Written in a lucid and direct style, and aimed at both specialists and non-specialists, Buddhism, Politics and the Limits of Law explains why constitutional law has deepened, rather than diminished, conflicts over religion in Sri Lanka. Examining the roles of Buddhist monks, civil society groups, political coalitions and more, the book provides the first extended study of the legal regulation of religion in Sri Lanka as well as the first book-length analysis of the intersections of Buddhism and contemporary constitutional law.


Comparative Constitutional Law in Asia

Comparative Constitutional Law in Asia
Author: Rosalind Dixon
Publisher: Edward Elgar Publishing
Total Pages: 365
Release: 2014-02-28
Genre: Law
ISBN: 1781002703

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Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i


Buddhism and Law

Buddhism and Law
Author: Rebecca Redwood French
Publisher: Cambridge University Press
Total Pages: 409
Release: 2014-07-28
Genre: Law
ISBN: 0521515793

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This volume challenges the concept of Buddhism as an apolitical religion without implications for law.


Comparative Constitutional Law

Comparative Constitutional Law
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
Total Pages: 681
Release: 2011-01-01
Genre: Law
ISBN: 0857931210

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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.


Constitutions, Religion and Politics in Asia

Constitutions, Religion and Politics in Asia
Author: Dian A. H. Shah
Publisher: Cambridge University Press
Total Pages: 307
Release: 2017-10-26
Genre: History
ISBN: 1107183340

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Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.


Abusive Constitutional Borrowing

Abusive Constitutional Borrowing
Author: Rosalind Dixon
Publisher: Oxford University Press
Total Pages: 241
Release: 2021
Genre: Authoritarianism
ISBN: 0192893769

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Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.


City, State

City, State
Author: Ran Hirschl
Publisher: Oxford University Press, USA
Total Pages: 273
Release: 2020
Genre: Law
ISBN: 019092277X

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"More than half the world's population lives in cities; by 2050, it will be more than 75%. Cities are often the economic, cultural, and political drivers of states, and of globalization more generally. Yet, constitutionally-speaking, there has been little to no consideration of cities (and especially megacities, with populations exceeding those of many of the world's countries) as discrete or distinct constitutional or federal entities, with political identities and economic needs that often differ from rural regions or so-called "hinterlands." This book intends to taxonomize the constitutional relationship between states and (mega)cities and theorize a way forward for considering the role of the city in future. In six chapters and a conclusion, the book considers the reason for this "constitutional blind spot," the relationship between cities and hinterlands (the center/periphery divide), constitutional mechanisms for dealing with regional differences, a comparative constitutional analysis of urban-center autonomy, and recent and future innovations in city governance"--