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Explore significant cases and controversies in constitutional law with this comprehensive guide. This book delves into historical and contemporary challenges, providing a thorough understanding of constitutional principles and their impact on legal history.
The essays collected in this volume are the result of cooperation between the Justice Partnership Programme in Hanoi and the Supreme Peoples Procuracy of Vietnam. The programme is co-funded by the European Union, Denmark and Sweden. Knowledge of the criminal procedures of other countries has been of particular importance to the drafters of the Criminal Procedure Code of Vietnam as they approximate the law to international standards. The essays contain detailed and systematic analyses of the criminal procedures in Italy, China, Russia and the United States of America. The common structure of the analyses and the meta-analyses of the editor of the book make a comparative study out of it. The study on the criminal procedure in China is one of the few on this subject ever published in English.
To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often include newer forms of rights – such as socioeconomic and environmental rights – and are written with an explicitly transformative purpose. They also often reflect include new independent bodies such as human rights commissions and electoral tribunals whose position and function within the traditional structure is novel. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. The chapters in this edited volume grapple with these shifts and the ways in which the doctrine of the separation of powers might respond to them. It also asks whether the shifts that are taking place are mostly a product of the constitutional systems of the global south, or instead reflect changes that run across most liberal democratic constitutional systems around the world.
The six case studies presented here fall into three distinct groups. They examine the application of speech act theory to Shakespearean drama, consider 18th-century Congressional debates from the perspective of fallacy theory in informal logic, and focus more narrowly on applications of linguistic pragmatics. Specific topics include types and functions of unpleasant verbal behavior in Shakespeare's Coriolanus and Timon of Athens, promises and their contexts in Coriolanus, efforts to block the Bill of Rights in 1789, collocational coloring and electronic corpora, and contexts of phonologically null objects in object control structures in English and in Finnish. c. Book News Inc.
Author Jessica Korn challenges the notion that the 18th-century principles underlying the American separation of powers system are incompatible with the demands of 20th-century governance by questioning the dominant scholarship on the legislative veto. Korn's analysis shows that commentators have exaggerated the legislative veto's significance as a result of their incorrect assumption that the separation of powers was designed solely to check governmental authority.
The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.
Studying paradiplomacy comparatively, this book explains why and how sub-state governments (SSG) conduct their international relations (IR) with external actors, and how federal authorities and local governments coordinate, or not, in the definition and implementation of the national foreign policy. Sub-state diplomacy plays an increasingly influential international role as regions, federal states, provinces and cities seek to promote trade, investments, cooperation and partnership on a range of issues. This raises interesting new questions about the future of the state system. Schiavon conducts a comparative study of paradiplomacy in 11 federal systems which are representative of all the regions of the world, stages of economic development and degree of consolidation of their democratic institutions (Argentina, Australia, Belgium, Brazil, Canada, Germany, India, Mexico, Russia, South Africa and the United States). The author constructs a typology to measure and explain paradiplomacy based on domestic political institutions, especially constitutional provisions relating foreign affairs and the intergovernmental mechanisms for foreign policy decision making and implementation. This comparative, systematic and theoretically based analysis of paradiplomacy between and within countries will be of interest to scholars and students of comparative politics, diplomacy, foreign policy, governance and federalism, as well as practitioners of diplomacy and paradiplomacy around the world.
James Madison Rules America examines congressional party legislative and electoral strategy in the context of our constitutional separation of powers. William Connelly argues that partisanship, polarization and the permanent campaign are an inevitable part of congressional politics. James Madison Rules America is as topical as current debates over partisan polarization and the permanent campaign, while being grounded in two enduring and important schools of thought within political science: pluralism and party government.