comparative constitutional design

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Comparative Constitutional Design

Author : Tom Ginsburg
ISBN : 9781107020566
Genre : Law
File Size : 65. 46 MB
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This volume brings together essays by leading scholars of comparative constitutional design from myriad disciplinary perspectives. The authors collectively assess what we know - and don't know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes, and many other issues. Bringing together positive and normative analysis, it provides the state of the art in a field of growing theoretical and practical importance.

Order From Transfer

Author : Günter Frankenberg
ISBN : 9781781952115
Genre : Law
File Size : 46. 7 MB
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ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.

Gender And The Constitution

Author : Helen Irving
ISBN : 9781139468756
Genre : Law
File Size : 79. 85 MB
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We live in an era of constitution-making. New constitutions are appearing in historically unprecedented numbers, following regime change in some countries, or a commitment to modernization in others. No democratic constitution today can fail to recognize or provide for gender equality. Constitution-makers need to understand the gendered character of all constitutions, and to recognize the differential impact on women of constitutional provisions, even where these appear gender-neutral. This book confronts what needs to be considered in writing a constitution when gender equity and agency are goals. It examines principles of constitutionalism, constitutional jurisprudence, and history. Its goal is to establish a framework for a 'gender audit' of both new and existing constitutions. It eschews a simple focus on rights and examines constitutional language, interpretation, structures and distribution of power, rules of citizenship, processes of representation, and the constitutional recognition of international and customary law. It discusses equality rights and reproductive rights as distinct issues for constitutional design.

Constitutional Design For Divided Societies

Author : Sujit Choudhry
ISBN : 9780199535415
Genre : Law
File Size : 58. 47 MB
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How should constitutions respond to the challenges raised by ethnic, linguistic, religious, and cultural differences? In this volume, leading scholars of constitutional law, comparative politics and political theory address this debate at a conceptual level, as well as through numerous country case-studies.

Principles Of Constitutional Design

Author : Donald S. Lutz
ISBN : 9781139460552
Genre : Political Science
File Size : 42. 14 MB
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This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.

Comparative Constitutional Law

Author : Tom Ginsburg
ISBN : 9780857931214
Genre : Law
File Size : 47. 31 MB
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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.

Constitutional Design For Divided Societies

Author : Sujit Choudhry
ISBN : 9780191021510
Genre : Law
File Size : 55. 89 MB
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How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today. There are two schools of thought on how to answer this question. Under the heading of accommodation, some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of integration that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.

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