Download or read book I CONnect Clough Center 2018 Global Review of Constitutional Law written by Richard Albert and published by . This book was released on 2019-11-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This year marks the third edition of the I·CONnect-Clough Center Global Review of Constitutional Law. First published in 2017 to review the constitutional law developments in the world in the year 2016, this edition reviews the constitutional law developments in the world in the year 2018.From 44 jurisdictions in our first year and 61 last year, this year we are pleased to feature 65 jurisdictions. We continue to grow, slowly but steadily. With the help of our current roster of contributors and with new interest from our readers and others, we hope to continue expanding our coverage of the world.The purpose of the Global Review has remained unchanged since its founding. It is to offer readers systemic knowledge that has previously been limited mainly to local networks rather than a broader readership. By making this information available to the larger field of public law in an easily digestible format, we aim to increase the base of knowledge upon which scholars and judges can draw. Our ambition is to make our vast world smaller, more familiar, and more accessible.
Download or read book I CONnect Clough Center 2019 Global Review of Constitutional Law written by Richard Albert and published by . This book was released on 2020-11-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Welcome to the fourth edition of the I·CONnect-Clough Center Global Review of Constitutional Law. We were unsure whether the worldwide public health emergency would permit its publication. We are therefore immensely grateful to our dedicated team of collaborators for making this possible. The Global Review was born in 2017, with the publication of the 2016 Global Review. Our articulated goal at that time remains the same today: to offer readers systemic knowledge about jurisdiction-specific constitutional law that has previously been limited mainly to local networks. The Global Review seeks to increase the base of knowledge upon which scholars and judges can draw; we do this by making public law developments around the world available to all in an easily digestible format. Our ambition is to make our vast world smaller, more familiar, and more accessible.This year the Global Review features over 70 jurisdictions. We continue to grow, slowly but steadily. With the help of our current roster of contributors and with new interest from our readers and others, we hope every year to continue to expand our coverage of the world.
Download or read book 2018 Global Review of Constitutional Law written by and published by . This book was released on 2018 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book 2020 Global Review of Constitutional Law written by Richard Albert and published by . This book was released on 2021 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book 2017 Global Review of Constitutional Law written by and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Courts Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Download or read book Constitutional Review in Central and Eastern Europe written by Kálmán Pócza and published by Taylor & Francis. This book was released on 2024-02-13 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional adjudication in Central and Eastern Europe between 1990 and 2020. The work opens with an assessment of the existing literature on empirical analysis of judicial decisions with a special focus on the Central and Eastern European region, and a short summary of the methodology of the project. This is followed by ten country studies and a concluding chapter providing a comprehensive comparative analysis of the results. A further nine countries are explored in the counterpart volume to this book: Constitutional Review in Western Europe: Judicial-Legislative Relations in Comparative Perspective. The collection will be an invaluable resource for those working in the areas of empirical legal research and comparative constitutional law, as well as political scientists interested in judicial politics.
Download or read book Constitutional Law and Precedent written by Monika Florczak-Wątor and published by Routledge. This book was released on 2022-03-30 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Download or read book Routledge Handbook of Comparative Constitutional Change written by Xenophon Contiades and published by Routledge. This book was released on 2020-06-11 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
Download or read book Democratic Consolidation and Constitutional Endurance in Asia and Africa written by Tom Gerald Daly and published by Oxford University Press. This book was released on 2024-06-28 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: A well-articulated response to the growing scholarly conversation on democratic backsliding and resilience, this essay collection considers recent democratising events in Ethiopia, The Gambia, Malaysia, Maldives, Myanmar, Sri Lanka, and Thailand.
Download or read book EMU Integration and Member States Constitutions written by Stefan Griller and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 803 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, legal scholars from the EU Member States (with the addition of the UK) analyse the development of the EU Member States' attitudes to economic, fiscal, and monetary integration since the Treaty of Maastricht. The Eurozone crisis corroborated the warnings of economists that weak economic policy coordination and loose fiscal oversight would be insufficient to stabilise the monetary union. The country studies in this book investigate the legal, and in particular the constitutional, pre-conditions for deeper fiscal and monetary integration that influenced the past and might impact on the future positions in the (now) 27 EU Member States. The individual country studies address the following issues: - Main characteristics of the national constitutional system, and constitutional culture; - Constitutional foundations of Economic and Monetary Union (EMU) membership and related instruments; - Constitutional obstacles to EMU integration; - Constitutional rules and/or practice on implementing EMU-related law; and - The resulting relationship between EMU-related law and national law Offering a comprehensive and detailed assessment of the legal and constitutional developments concerning the Economic and Monetary Union since the Treaty of Maastricht, this book provides not only a study of legal EMU-related measures and reforms at the EU level, but most importantly sheds light on their perception in the EU Member States.
Download or read book Constitutional Reasoning in Latin America and the Caribbean written by Johanna Fröhlich and published by Bloomsbury Publishing. This book was released on 2024-09-05 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities. The volume traces the features of judicial dialogue on a regional and sub-regional level and enables the evaluation and comparison of each country's reasoning culture in different epochs. The collection includes several graphs to visualise the changes and tendencies of the reasoning practices throughout time in the region, based on information gathered from the dataset. To better understand the current functioning and the future tendencies of courts in Latin America and the Caribbean, the volume illuminates how constitutional and supreme courts have actually been making their decisions in the selected landmark cases, which could also contribute to future successful litigation strategies for both national constitutional courts and the Inter-American Court for Human Rights. This project was made possible due to the collaboration and funding provided by the Rule of Law Programme for Latin America of the Konrad Adenauer Foundation and the Law School of the University of San Francisco de Quito.
Download or read book Courts and Judicial Activism under Crisis Conditions written by Martin Belov and published by Routledge. This book was released on 2021-09-22 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.
Download or read book The Rule of Law in Retreat written by Slawomir Redo and published by Rowman & Littlefield. This book was released on 2022-03-22 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past decade the Rule of Law developments in the world have become contentious; its idea, concept, and global implementation have met growing resistance, which may soon shift the global balance of power, prompting international crisis. This book offers insights into the globally relevant Rule-of-Law ramifications for human rights, constitutional law, and philosophy of law in the time of such considerable challenges to it. From this legal perspective, the contributors analyze the questions of independence of judiciary, liberal education, freedom of mass media; populism, and corruption. They discuss global civic education, enhanced social inclusion, violence prevention, restorative justice and other methods of civic participation that can create larger opportunities for freedom in a UN world and help overcome increased ideological division between global North and South.
Download or read book The Specter of Dictatorship written by David M. Driesen and published by Stanford University Press. This book was released on 2021-07-20 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.
Download or read book 2017 Global Review of Constitutional Law written by Richard Albert and published by . This book was released on 2018 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Queer lawfare in Africa Legal strategies in contexts of LGBTIQ criminalisation and politicisation written by Adrian Jjuuko and published by Pretoria University Law Press. This book was released on 2022-11-21 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the publication This book focuses on the strategies that activists for LGBTIQ+ equality in Africa deploy to challenge deep seated homophobia and transphobia, as well as the politicisation of LGBTIQ+ issues. It is a peer-reviewed, edited volume with scholarly contributions from lawyers, anthropologists, and LGBTIQ+ activists. It covers different country situations – those where equality is taking root, as the case is in South Africa, Botswana and Mozambique; those where homophobia reigns and LGBTIQ+ rights are politicised such as, Ghana, Kenya, Malawi, Nigeria, Senegal, Uganda, and Zambia; and those where traditional LGBTIQ+ activism is almost a nonstarter, such as in Ethiopia, Sudan and The Gambia. Table of Contents Acknowledgments Acronyms and abbreviations Introduction Queer lawfare in Africa: Introduction and theoretical framework Siri Gloppen, Adrian Jjuuko, Frans Viljoen & Alan Msosa PART I: LAWFARE IN THE CONTEXT OF LIBERALISATION AND PROTECTION OF THE SEXUAL RIGHTS OF LGBT PEOPLE IN AFRICA Chapter 1 War by other means: The law and politics of sexual minority freedom in post-apartheid South Africa Jaco Barnard-Naudé & Pierre de Vos Chapter 2 Progressive legislation in the context of generalised conservative public opinion: The case of LGBT rights in Mozambique Carmeliza Rosário & Camila Gianella Chapter 3 Queer lawfare in Botswana Monica Tabengwa & Anthony Oluoch PART II: LAWFARE IN THE CONTEXT OF ACTIVE POLITICISATION Chapter 4 Queer lawfare in Kenya: Shifting opportunities for rights realisation Nicholas Wasonga Orago, Siri Gloppen & Matthew Gichohi Chapter 5 Court focused lawfare over LGBT rights: The case of Uganda Adrian Jjuuko & Stella Nyanzi Chapter 6 LGBT+ rights lawfare in Malawi Alan Msosa & Chrispine Gwalawala Sibande Chapter 7 Against ‘the order of nature’: Towards the growth of queer lawfare in Nigeria Ayodele Sogunro PART III: LAWFARE IN THE CONTEXT OF RELIGIOUS AND CULTURAL NATIONALISM Chapter 8 LGBT lawfare in response to heterosexual nationalism and the retention of the anti-sodomy laws in Zambia Landilani Banda Chapter 9 LGBTQI+ lawfare in response to the politicisation of homosexuality in Ghana Ernest Yaw Ako & Amanda Odoi Chapter 10 Senegal: Mobilising for gay rights in the shadow of HIV/AIDS Vegard Vibe Chapter 11 From a ‘crusade to root out homosexuality like malaria’ to a ‘non-issue’: The absence of sexual minority lawfare in The Gambia Satang Nabaneh Chapter 12 Digital lawfare and activism by lesbian, gay and bisexual persons in Ethiopia Getnet Tadele & Woldekidan Amde Chapter 13 Activism from the closet: Fear of a double backlash against a nascent queer movement in Sudan Liv Tønnessen, Samia al-Nagar & Samah Khalaf Allah Conclusion The kaleidoscope of queer lawfare in Africa Adrian Jjuuko, Frans Viljoen, Siri Gloppen & Alan Msosa
