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  • Constitution-Making and Transnational Legal Order

    Constitution-Making and Transnational Legal Order

    Pocket - 2020 - Engelska - ISBN: 9781108460989

    Since the rise of the nation-state in the nineteenth century, constitutions have been seen as an embodiment of national values and identity. However, individuals, ideas, and institutions from abroad have always influenced constitutions, and so the p…

  • Constitution-Making and Transnational Legal Order

    Constitution-Making and Transnational Legal Order

    Inbunden - 2019 - Engelska - ISBN: 9781108473101

    Since the rise of the nation-state in the nineteenth century, constitutions have been seen as an embodiment of national values and identity. However, individuals, ideas, and institutions from abroad have always influenced constitutions, and so the p…

  • The Constitution of Arbitration

    The Constitution of Arbitration
    av Victor Ferreres Comella

    Inbunden - 2021 - Engelska - ISBN: 9781108842839

    This work is the first systematic discussion of arbitration from a constitutional perspective, covering the most important types of arbitration, including domestic arbitration in private law, international commercial arbitration, investment treaty a…

  • Social Difference and Constitutionalism in Pan-Asia

    Social Difference and Constitutionalism in Pan-Asia

    Pocket - 2016 - Engelska - ISBN: 9781107595736

    In many countries, social differences, such as religion or race and ethnicity, threaten the stability of the social and legal order. This book addresses the role of constitutions and constitutionalism in dealing with the challenge of difference. The…

  • Social Difference and Constitutionalism in Pan-Asia

    Social Difference and Constitutionalism in Pan-Asia

    Inbunden - 2014 - Engelska - ISBN: 9781107036277

    In many countries, social differences, such as religion or race and ethnicity, threaten the stability of the social and legal order. This book addresses the role of constitutions and constitutionalism in dealing with the challenge of difference. The…

  • Reconstructing Rights

    Reconstructing Rights
    av Stephan Stohler

    Inbunden - 2019 - Engelska - ISBN: 9781108493185

    Judges often behave in surprising ways when they re-interpret laws and constitutions. Contrary to existing expectations, judges regularly abandon their own established interpretations in favor of new understandings. In Reconstructing Rights, Stephan…

  • Constitutions in Authoritarian Regimes

    Constitutions in Authoritarian Regimes

    Inbunden - 2013 - Engelska - ISBN: 9781107047662

    Constitutions in authoritarian regimes are often denigrated as meaningless exercises in political theater. Yet the burgeoning literature on authoritarian regimes more broadly has produced a wealth of insights into particular institutions such as leg…

  • Constitutions in Authoritarian Regimes

    Constitutions in Authoritarian Regimes

    Pocket - 2013 - Engelska - ISBN: 9781107663947

    Constitutions in authoritarian regimes are often denigrated as meaningless exercises in political theater. Yet the burgeoning literature on authoritarian regimes more broadly has produced a wealth of insights into particular institutions such as leg…

  • A Qualified Hope

    A Qualified Hope

    Inbunden - 2019 - Engelska - ISBN: 9781108474504

    The Indian Supreme Court is widely seen as a vanguard of progressive social change. Yet there are no systematic studies of whether its progressive decisions actually improve the lives of the relatively disadvantaged. This book presents the first col…

  • Constituents Before Assembly

    Constituents Before Assembly
    av Todd A. Eisenstadt

    Inbunden - 2017 - Engelska - ISBN: 9781107168220

    Under what circumstances do new constitutions improve a nation's level of democracy? Between 1974 and 2014, democracy increased in seventy-seven countries following the adoption of a new constitution, but it decreased or stayed the same in forty-sev…

  • Constituents Before Assembly

    Constituents Before Assembly
    av Todd A. Eisenstadt

    Pocket - 2018 - Engelska - ISBN: 9781316619551

    Under what circumstances do new constitutions improve a nation's level of democracy? Between 1974 and 2014, democracy increased in seventy-seven countries following the adoption of a new constitution, but it decreased or stayed the same in forty-sev…

  • The Politico-Legal Dynamics of Judicial Review

    The Politico-Legal Dynamics of Judicial Review
    av Theunis Roux

    Inbunden - 2018 - Engelska - ISBN: 9781108425421

    Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of th…

  • The Politico-Legal Dynamics of Judicial Review

    The Politico-Legal Dynamics of Judicial Review
    av Theunis Roux

    Pocket - 2019 - Engelska - ISBN: 9781108442329

    Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of th…

  • Unstable Constitutionalism

    Unstable Constitutionalism

    Inbunden - 2015 - Engelska - ISBN: 9781107068957

    Although the field of constitutional law has become increasingly comparative in recent years, its geographic focus has remained limited. South Asia, despite being the site of the world's largest democracy and a vibrant if turbulent constitutionalism…

  • Unstable Constitutionalism

    Unstable Constitutionalism

    Pocket - 2015 - Engelska - ISBN: 9781107644564

    Although the field of constitutional law has become increasingly comparative in recent years, its geographic focus has remained limited. South Asia, despite being the site of the world's largest democracy and a vibrant if turbulent constitutionalism…

  • Presidential Legislation in India

    Presidential Legislation in India
    av Shubhankar Dam

    Pocket - 2015 - Engelska - ISBN: 9781107546028

    India has a parliamentary system. Yet the president has authority to occasionally enact legislation (or ordinances) without involving parliament. This book is a study of ordinances at the national level in India, centred around three themes. First,…

  • Presidential Legislation in India

    Presidential Legislation in India
    av Shubhankar Dam

    Inbunden - 2013 - Engelska - ISBN: 9781107039711

    India has a parliamentary system. Yet the president has authority to occasionally enact legislation (or ordinances) without involving parliament. This book is a study of ordinances at the national level in India, centred around three themes. First,…

  • Magna Carta and its Modern Legacy

    Magna Carta and its Modern Legacy

    Pocket - 2015 - Engelska - ISBN: 9781107533103

    Magna Carta is celebrated around the world as a symbol of limited government and constitutionalism. But in 1215 Magna Carta was a failure, abrogated within months. Why then do we celebrate this piece of parchment? To mark the 800th anniversary this…

  • Magna Carta and its Modern Legacy

    Magna Carta and its Modern Legacy

    Inbunden - 2015 - Engelska - ISBN: 9781107112773

    Magna Carta is celebrated around the world as a symbol of limited government and constitutionalism. But in 1215 Magna Carta was a failure, abrogated within months. Why then do we celebrate this piece of parchment? To mark the 800th anniversary this…

  • From Parchment to Practice

    From Parchment to Practice

    Pocket - 2020 - Engelska - ISBN: 9781108738026

    From Parchment to Practice explores the set of problems that arise when a new constitution has been adopted. All new constitutions must manage a balance or tension between two forces: aspirations for social and political transformation on the one ha…

  • From Parchment to Practice

    From Parchment to Practice

    Inbunden - 2020 - Engelska - ISBN: 9781108487733

    From Parchment to Practice explores the set of problems that arise when a new constitution has been adopted. All new constitutions must manage a balance or tension between two forces: aspirations for social and political transformation on the one ha…

  • Constitutionalism in Asia in the Early Twenty-First Century

    Constitutionalism in Asia in the Early Twenty-First Century

    Pocket - 2016 - Engelska - ISBN: 9781107687745

    Examining developments in the first decade of the twenty-first century, this authoritative collection of essays studies the evolving practice of constitutional law and constitutionalism in Asia. It provides a comprehensive overview of the diverse co…

  • Constitutionalism in Asia in the Early Twenty-First Century

    Constitutionalism in Asia in the Early Twenty-First Century

    Inbunden - 2014 - Engelska - ISBN: 9781107043411

    Examining developments in the first decade of the twenty-first century, this authoritative collection of essays studies the evolving practice of constitutional law and constitutionalism in Asia. It provides a comprehensive overview of the diverse co…

  • Buddhism, Politics and the Limits of Law

    Buddhism, Politics and the Limits of Law
    av Benjamin Schonthal

    Inbunden - 2016 - Engelska - ISBN: 9781107152236

    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…

  • Buddhism, Politics and the Limits of Law

    Buddhism, Politics and the Limits of Law
    av Benjamin Schonthal

    Pocket - 2018 - Engelska - ISBN: 9781316606414

    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…

  • Proportionality

    Proportionality

    Pocket - 2018 - Engelska - ISBN: 9781316617007

    With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on cons…

  • Proportionality

    Proportionality

    Inbunden - 2017 - Engelska - ISBN: 9781107165564

    With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on cons…

  • Perils of Judicial Self-Government in Transitional Societies

    Perils of Judicial Self-Government in Transitional Societies
    av David Kosar

    Inbunden - 2016 - Engelska - ISBN: 9781107112124

    Judicial councils and other judicial self-government bodies have become a worldwide phenomenon. Democracies are increasingly turning to them to insulate the judiciary from the daily politics, enhance independence and ensure judicial accountability.…

  • Perils of Judicial Self-Government in Transitional Societies

    Perils of Judicial Self-Government in Transitional Societies
    av David Kosar

    Pocket - 2017 - Engelska - ISBN: 9781107531048

    Judicial councils and other judicial self-government bodies have become a worldwide phenomenon. Democracies are increasingly turning to them to insulate the judiciary from the daily politics, enhance independence and ensure judicial accountability.…

  • Constitutional Courts in Asia

    Constitutional Courts in Asia

    Inbunden - 2018 - Engelska - ISBN: 9781107195080

    The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transi…

  • Constitutional Courts in Asia

    Constitutional Courts in Asia

    Pocket - 2019 - Engelska - ISBN: 9781316646663

    The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transi…

  • Judicial Review in Norway

    Judicial Review in Norway
    av Anine Kierulf

    Inbunden - 2018 - Engelska - ISBN: 9781108426688

    Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review unde…

  • Judicial Review in Norway

    Judicial Review in Norway
    av Anine Kierulf

    Pocket - 2019 - Engelska - ISBN: 9781108445429

    Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review unde…

  • Hybrid Constitutionalism

    Hybrid Constitutionalism
    av Eric C. Ip

    Inbunden - 2019 - Engelska - ISBN: 9781107194922

    This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating uncon…

  • Hybrid Constitutionalism

    Hybrid Constitutionalism
    av Eric C. Ip

    Pocket - 2020 - Engelska - ISBN: 9781108969284

    This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating uncon…

  • The Veil of Participation

    The Veil of Participation
    av Alexander Hudson

    Inbunden - 2021 - Engelska - ISBN: 9781108840071

    Public participation is a vital part of constitution-making processes around the world, but we know very little about the extent to which participation affects constitutional texts. In this book, Alexander Hudson offers a systematic measurement of t…

  • International Courts and the Performance of International Agreements

    International Courts and the Performance of International Agreements
    av Clifford J. Carrubba

    Pocket - 2017 - Engelska - ISBN: 9781107677265

    Nations often turn to international courts to help with overcoming collective-action problems associated with international relations. However, these courts generally cannot enforce their rulings, which begs the question: how effective are internati…

  • International Courts and the Performance of International Agreements

    International Courts and the Performance of International Agreements
    av Clifford J. Carrubba

    Inbunden - 2014 - Engelska - ISBN: 9781107065727

    Nations often turn to international courts to help with overcoming collective-action problems associated with international relations. However, these courts generally cannot enforce their rulings, which begs the question: how effective are internati…

  • Canada in the World

    Canada in the World

    Pocket - 2018 - Engelska - ISBN: 9781108414753

    In this volume marking the Sesquicentennial of Confederation in Canada, leading scholars and jurists discuss the evolution of the Canadian Constitution since the British North America Act 1867; the role of the Supreme Court in interpreting the Const…

  • Canada in the World

    Canada in the World

    Inbunden - 2017 - Engelska - ISBN: 9781108419734

    In this volume marking the Sesquicentennial of Confederation in Canada, leading scholars and jurists discuss the evolution of the Canadian Constitution since the British North America Act 1867; the role of the Supreme Court in interpreting the Const…

  • Towering Judges

    Towering Judges

    Inbunden - 2021 - Engelska - ISBN: 9781108840217

    In Towering Judges: A Comparative Study of Constitutional Judges, Rehan Abeyratne and Iddo Porat lead an exploration of a new topic in comparative constitutional law: towering judges. The volume examines the work of nineteen judges from fourteen jur…

  • Constituent Assemblies

    Constituent Assemblies

    Pocket - 2019 - Engelska - ISBN: 9781108446273

    Comparative constitutional law has a long pedigree, but the comparative study of constitution-making has emerged and taken form only in the last quarter-century. While much of the initial impetus came from the study of the American and French consti…

  • Constituent Assemblies

    Constituent Assemblies

    Inbunden - 2018 - Engelska - ISBN: 9781108427524

    Comparative constitutional law has a long pedigree, but the comparative study of constitution-making has emerged and taken form only in the last quarter-century. While much of the initial impetus came from the study of the American and French consti…

  • Radical Deprivation on Trial

    Radical Deprivation on Trial
    av Cesar Rodriguez-Garavito

    Inbunden - 2015 - Engelska - ISBN: 9781107078888

    This book is an empirical study of contributions by courts in the Global South to comparative constitutionalism. It offers an analytical framework for understanding these constitutional innovations and illustrates them with a qualitative study of th…

  • Constitutional Courts as Mediators

    Constitutional Courts as Mediators
    av Julio Rios-Figueroa

    Pocket - 2017 - Engelska - ISBN: 9781107439122

    This book offers a new theoretical framework for understanding the mediator role played by constitutional courts in democratic conflict solving. The book proposes an informational theory of constitutional review in which constitutional courts obtain…

  • Constitutional Courts as Mediators

    Constitutional Courts as Mediators
    av Julio Rios-Figueroa

    Inbunden - 2016 - Engelska - ISBN: 9781107079786

    This book offers a new theoretical framework for understanding the mediator role played by constitutional courts in democratic conflict solving. The book proposes an informational theory of constitutional review in which constitutional courts obtain…

  • The New Fourth Branch

    The New Fourth Branch

    Inbunden - 2021 - Engelska - ISBN: 9781316517833

    Twenty-first-century constitutions now typically include a new 'fourth branch' of government, a group of institutions charged with protecting constitutional democracy, including electoral management bodies, anticorruption agencies, and ombuds office…

  • The New Fourth Branch

    The New Fourth Branch

    Pocket - 2021 - Engelska - ISBN: 9781009048491

    Twenty-first-century constitutions now typically include a new 'fourth branch' of government, a group of institutions charged with protecting constitutional democracy, including electoral management bodies, anticorruption agencies, and ombuds office…

  • Constitutions, Religion and Politics in Asia

    Constitutions, Religion and Politics in Asia
    av Dian A. H. Shah

    Pocket - 2019 - Engelska - ISBN: 9781316634752

    As religious polarisation in society deepens, political actors and policy-makers have begun to struggle with questions on the role of the dominant religion and how religion influences constitutional commitments and development. By focusing on Indone…

  • Constitutions, Religion and Politics in Asia

    Constitutions, Religion and Politics in Asia
    av Dian A. H. Shah

    Inbunden - 2017 - Engelska - ISBN: 9781107183346

    As religious polarisation in society deepens, political actors and policy-makers have begun to struggle with questions on the role of the dominant religion and how religion influences constitutional commitments and development. By focusing on Indone…

  • The Invisible Constitution in Comparative Perspective

    The Invisible Constitution in Comparative Perspective

    Inbunden - 2018 - Engelska - ISBN: 9781108417570

    Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative P…

  • Engaging with Social Rights

    Engaging with Social Rights
    av Brian Ray

    Pocket - 2018 - Engelska - ISBN: 9781108446174

    With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and chall…

  • Engaging with Social Rights

    Engaging with Social Rights
    av Brian Ray

    Inbunden - 2016 - Engelska - ISBN: 9781107029453

    With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and chall…

  • Assessing Constitutional Performance

    Assessing Constitutional Performance

    Inbunden - 2016 - Engelska - ISBN: 9781107154797

    From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are the…

  • Assessing Constitutional Performance

    Assessing Constitutional Performance

    Pocket - 2016 - Engelska - ISBN: 9781316608357

    From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are the…

  • The Adventures of the Constituent Power

    The Adventures of the Constituent Power
    av Andrew Arato

    Pocket - 2018 - Engelska - ISBN: 9781107565647

    Constitutions are made in almost all transformation of regimes. What are the dangers and the hopes associated with such a process? What can make constitution-making legitimate? The Adventures of the Constituent Power explores the democratic methods…

  • The Adventures of the Constituent Power

    The Adventures of the Constituent Power
    av Andrew Arato

    Inbunden - 2017 - Engelska - ISBN: 9781107126794

    Constitutions are made in almost all transformation of regimes. What are the dangers and the hopes associated with such a process? What can make constitution-making legitimate? The Adventures of the Constituent Power explores the democratic methods…

  • The Failure of Popular Constitution Making in Turkey

    The Failure of Popular Constitution Making in Turkey

    Inbunden - 2020 - Engelska - ISBN: 9781108497626

    This book offers an in-depth account of the failure of popular constitution making in Turkey from 2011 to 2013, which was an anomaly in the otherwise authoritarian history of Turkish constitutional politics. The authors demonstrate that, even in unf…

  • Consequential Courts

    Consequential Courts

    Pocket - 2013 - Engelska - ISBN: 9781107693746

    In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by academic specialists on high c…

  • Consequential Courts

    Consequential Courts

    Inbunden - 2013 - Engelska - ISBN: 9781107026537

    In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by academic specialists on high c…

  • Reputation and Judicial Tactics

    Reputation and Judicial Tactics
    av Shai Dothan

    Inbunden - 2014 - Engelska - ISBN: 9781107031135

    This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One…

  • Reputation and Judicial Tactics

    Reputation and Judicial Tactics
    av Shai Dothan

    Pocket - 2016 - Engelska - ISBN: 9781316621141

    This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One…

  • Redrafting Constitutions in Democratic Regimes

    Redrafting Constitutions in Democratic Regimes

    Inbunden - 2020 - Engelska - ISBN: 9781108839846

    Growing public discontent with the performance and quality of many contemporary democracies makes them vulnerable to popular pressures to profoundly transform or replace their constitutions. However, there is little systematic academic discussion on…

  • Social and Political Foundations of Constitutions

    Social and Political Foundations of Constitutions

    Inbunden - 2013 - Engelska - ISBN: 9781107032880

    This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case stu…

  • Social and Political Foundations of Constitutions

    Social and Political Foundations of Constitutions

    Pocket - 2015 - Engelska - ISBN: 9781107546080

    This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case stu…

  • Making We the People

    Making We the People
    av Chaihark Hahm

    Inbunden - 2015 - Engelska - ISBN: 9781107018822

    What does it mean to say that it is 'We the People' who 'ordain and establish' a constitution? Who are those sovereign people, and how can they do so? Interweaving history and theory, constitutional scholar Chaihark Hahm and political theorist Sung…

  • Constitutions and Religious Freedom

    Constitutions and Religious Freedom
    av Frank B. Cross

    Inbunden - 2015 - Engelska - ISBN: 9781107041448

    Many of us take for granted the idea that the right to religious freedom should be protected in a free, democratic polity. This book challenges whether the protection and privilege of religious belief and identity should be prioritized over any othe…

  • The DNA of Constitutional Justice in Latin America

    The DNA of Constitutional Justice in Latin America
    av Daniel M. Brinks

    Pocket - 2019 - Engelska - ISBN: 9781316630914

    In recent times there has been a dramatic change in the nature and scope of constitutional justice systems in the global south. New or reformed constitutions have proliferated, protecting social, economic, and political rights. While constitutional…

  • The DNA of Constitutional Justice in Latin America

    The DNA of Constitutional Justice in Latin America
    av Daniel M. Brinks

    Inbunden - 2018 - Engelska - ISBN: 9781107178366

    In recent times there has been a dramatic change in the nature and scope of constitutional justice systems in the global south. New or reformed constitutions have proliferated, protecting social, economic, and political rights. While constitutional…

  • Constitutions in Times of Financial Crisis

    Constitutions in Times of Financial Crisis

    Inbunden - 2019 - Engelska - ISBN: 9781108492294

    Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. Th…

  • Comparative Constitutional Design

    Comparative Constitutional Design

    Inbunden - 2012 - Engelska - ISBN: 9781107020566

    This volume brings together essays by many of the leading scholars of comparative constitutional design from many perspectives to collectively assess what we know - and do not know - about the design process as well as particular institutional choic…

  • Courts and Democracies in Asia

    Courts and Democracies in Asia
    av Po Jen Yap

    Inbunden - 2017 - Engelska - ISBN: 9781107192621

    What is the relationship between the strength of a country's democracy and the ability of its courts to address deficiencies in the electoral process? Drawing a distinction between democracies that can be characterised as 'dominant-party' (for examp…