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The 5th edition of this handbook provides a user-friendly introduction to comparative constitutional law. For each area of constitutional law, a general introduction and a comparative overview is provided, which is then followed by more detailed country chapters on that specific area. In this fifth edition, the author has expanded several chapters to provide for even more detail on national legal systems and constitutional comparison. In addition, he has updated the discussion wherever necessary. The book has also been expanded with a larger number of (sub)headings so as to allow for a better overview. Furthermore, this book most notably includes many constitutional developments in the constitutional systems within our scope. Including the 'Brexit' (to be) and the new compositions of the national and the European Parliament. In the previous edition the EU has more extensively been woven into this book, as a constitutional system per se and as an international organization which heavily impacts upon domestic constitutional law. This new edition has been expanded with chapters on human rights as they are protected in the constitutional legal systems, as well as in the multi-layered European legal order.This book has proven its success as a helpful guide for students who are for the first time exploring comparative constitutional law, and a solid foundation for more advanced graduate-level courses. It remains a thorough introduction which purports to give an overview, however with quite a few examples and applications in practice, and also sufficient legal and practical details to be accessible and to the point, whilst at the same time providing for the whole picture and highlighting general constitutional questions and perspectives.
This updated and expanded second edition of the successful Constitutions Compared handbook provides a user-friendly introduction to comparative constitutional law. The book covers the constitutional systems of the US, the UK, Germany, France, and the Netherlands. It is a helpful guide for students who are exploring comparative constitutional law, and it is a useful foundation for more advanced graduate-level courses. The book's comparative approach is thematic. For each area of constitutional law, a general introduction and a comparative overview is provided, which is then followed by more detailed country chapters on that specific area. The themes addressed are: origins and main features of constitutions * federalism, unitarism, and decentralization * parliaments and lawmaking * governments, their parliaments, and their heads of state * judicial review and human rights. In addition, the book discusses the constitutional impact of the EU, the system of human-rights protection under the European Convention on Human Rights, and the interaction between the EU, European human rights, and national constitutions. The book includes a table giving an overview of the systems discussed, a glossary, and an expanded selection of freshly translated, important provisions from national constitutions and international treaties.
The number one best-selling legal skills guide, covering all the practical and academic skills a student needs throughout their studies. Legal Skills is the essential text for students new to law, helping them make the transition from secondary education and equipping them with the skills they need to succeed from the beginning of their degree, through to final-year exams and dissertations.· Written in an accessible and friendlystyle, structured in three parts: Sources of Law, Academic Legal Skills, and Practical Legal Skills· Self-test questions and practical activities throughout allow students to take a hands-on approach tolearning a wide range of legal skills· Diagrams, screenshots and examples used frequently to illustrate key concepts· New chapter on drafting skills, introducing writing skills necessary in legal practice· New 'skills beyond study' feature which helps students identify the transferability of legal skills· Updated coverage of the impact of Brexit and retained EU law· New section on taking care of yourself during theassessment period and how to find support for mental health and accessibility· Videos on presentation, mooting, and negotiation refreshed Digital formats and resourcesThe ninthedition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with embedded self-assessment activities, and multi-media content including a series of supportive videos and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The study tools that enhance the e-book are all also availableas stand-alone online resources for use alongside the print book. They include answers to the self-test questions and practical exercises from the book, and a glossary of all the keywords and terms used. There is also an extensiverange of videos with guidance on topics from what to expect from lectures and tutorials, how to research for essays and structure problem questions, to examples of good and bad practice in mooting and negotiations.
A political scientist and a comparative lawyer have joined forces to produce a revised and expanded version of the late F. E. Finer's classic Five Constitutions. Their book gives the present texts of four important constitutions, the American, German, French, and Russian. It adds the basic political structure of the European Union, and provides a full account of the British constitution in the terms revealed by examination of the other texts. A general chapter on comparing constitutions is complemented by careful analytical and alphabetical indexes. This work is a useful reference work for academics and scholars interested in comparative constitutions, politics, and law.
This book is a comprehensive study of the institutional setting of European Constitutions and provides a systematic study of the constitutional principles and organisation of state powers. The following issues are addressed: Terminology; Notion and Functions of Constitution; Sources of Constitutional Law; Constituent and Amending Power; Protecting the Constitution; Directive Principles; Fundamental Constitutional Principles; Division of Powers; Division of Functions; Parliament; Head of State; Government and Administration; The Judicial Power.
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.
In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Constitutions are supposed to provide an enduring structure for politics. Yet only half live more than nine years. Why is it that some constitutions endure while others do not? In The Endurance of National Constitutions Zachary Elkins, Tom Ginsburg and James Melton examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, theirs is the first comprehensive study of constitutional mortality. They show that whereas constitutions are imperilled by social and political crises, certain aspects of a constitution's design can lower the risk of death substantially. Thus, to the extent that endurance is desirable - a question that the authors also subject to scrutiny - the decisions of founders take on added importance.