Constitutionalism Under Extreme Conditions

Author : Richard Albert
Publisher : Springer Nature
ISBN 13 : 3030490009
Total Pages : 445 pages
Book Rating : 4.03/5 ( download)

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Download or read book Constitutionalism Under Extreme Conditions written by Richard Albert and published by Springer Nature. This book was released on 2020-09-24 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Author : Martin Belov
Publisher : Routledge
ISBN 13 : 1000436411
Total Pages : 319 pages
Book Rating : 4.19/5 ( download)

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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.

Author : Yaniv Roznai
Publisher : Oxford University Press
ISBN 13 : 0198768796
Total Pages : 369 pages
Book Rating : 4.91/5 ( download)

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Download or read book Unconstitutional Constitutional Amendments written by Yaniv Roznai and published by Oxford University Press. This book was released on 2017 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.

Author : Charles Howard McIlwain
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775505
Total Pages : 172 pages
Book Rating : 4.08/5 ( download)

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Download or read book Constitutionalism written by Charles Howard McIlwain and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.

Author : Martin Belov
Publisher : Routledge
ISBN 13 : 9781003200666
Total Pages : 224 pages
Book Rating : 4.64/5 ( download)

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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 with total page 224 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 on 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 perspective. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics"--

Author : Adrian Vermeule
Publisher : Harvard University Press
ISBN 13 : 9780674022102
Total Pages : 356 pages
Book Rating : 4.06/5 ( download)

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Download or read book Judging Under Uncertainty written by Adrian Vermeule and published by Harvard University Press. This book was released on 2006 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.

Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 9781108729208
Total Pages : 342 pages
Book Rating : 4.07/5 ( download)

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Download or read book Constitutions in Times of Financial Crisis written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2022-06-30 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.

Author : Maja Sahadžić
Publisher : Routledge
ISBN 13 : 1000173208
Total Pages : 279 pages
Book Rating : 4.08/5 ( download)

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Download or read book Asymmetry, Multinationalism and Constitutional Law written by Maja Sahadžić and published by Routledge. This book was released on 2020-09-02 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the link between constitutional asymmetry and multinationalism and the effects asymmetry produces on legitimacy and stability in federal and quasi-federal systems. This is done through a structured and exhaustive comparative analysis, covering states in Africa, America, Asia, and Europe. Contrary to traditional federal theory, contemporary scholars have linked constitutional asymmetry with multinational federal systems, by presenting asymmetry as a mechanism for diversity management. This book offers insights on whether and how constitutional asymmetry is linked with multinationalism and looks into the socio-economic, cultural-ideological, historical, and separatist factors that support the emergence of asymmetries. The work also provides a legal analysis of whether constitutional asymmetry is a condition or a threat to legitimacy and stability in federal systems. The book will be essential reading for academics, researchers, and policy-makers in law and political science interested in the fields of constitutional law, federal theory, multinationalism, and minorities.

Author : James W. Ely
Publisher : Oxford University Press on Demand
ISBN 13 : 0195323327
Total Pages : 239 pages
Book Rating : 4.20/5 ( download)

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Download or read book The Guardian of Every Other Right written by James W. Ely and published by Oxford University Press on Demand. This book was released on 2008 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the interplay of law, ideology, politics and economic change in shaping constitutional thought, and provides a historical perspective on the contemporary debate about property rights. The third edition has been completely revised and updated.

Author : Xenophon Contiades
Publisher : Routledge
ISBN 13 : 1351020978
Total Pages : 469 pages
Book Rating : 4.78/5 ( download)

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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 469 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.