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Bücher der Reihe Comparative Constitutional Law and Policy

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  • - A Theory of National and International Courts
    von Shai (Tel-Aviv University) Dothan
    48,00 €

    This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher.

  • von Tom Ginsburg
    135,00 €

    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 there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, empiricists and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of constitutional success play out differently in different contexts and provides examples of how success can be differently defined under different circumstances.

  • - Comparative Perspectives on the Canadian Constitution
     
    161,00 €

    Marking the Sesquicentennial of Confederation in Canada, scholars and jurists discuss the evolution of the Canadian Constitution over the past 150 years, the role of the Supreme Court in interpreting the Constitution, and the growing influence of both Constitution and Court on other courts dealing with the most challenging issues of the day.

  • - New Frontiers, New Challenges
     
    143,00 €

    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 constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy.

  • - The Pyrrhic Constitutionalism of Sri Lanka
    von New Zealand) Schonthal & Benjamin (University of Otago
    47,00 - 133,00 €

    It is widely assumed that a well-designed and well-implemented constitution can help ensure religious harmony in modern states. Drawing on groundbreaking research from Sri Lanka, with a focus on Buddhism, this book argues that constitutional law can be more harmful than helpful when it comes to addressing conflicts over religion.

  •  
    46,00 €

    A collection of essays examining the latest constitutional developments in sixteen East, Southeast and South Asian countries since the beginning of the twenty-first century. With comparative, historical and analytical perspectives on Asian constitutionalism, this will appeal to students and scholars interested in the origins or contemporary manifestations of constitutionalism in Asia.

  • - Law and Politics in South Asia
     
    48,00 €

    South Asia, despite being the site of the world's largest constitutional democracy, is underrepresented in comparative legal scholarship. This book remedies this lack of attention by examining constitutional law in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

  • - Armed Conflict, Civil-Military Relations, and the Rule of Law in Latin America
    von Julio Rios Figueroa
    45,00 - 133,00 €

    The book discusses the role of constitutional courts in democracies experiencing internal armed conflicts. It argues that constitutional jurisprudence can be a lighthouse helping civilian governments and the armed forces navigate through those uncertain and troubled waters.

  •  
    39,00 €

    This book addresses the role of constitutions and constitutionalism in dealing with the challenges of social difference such as religion or race and ethnicity. The book brings together lawyers, political scientists, historians, religious studies scholars, and area studies experts to consider how constitutions address issues of difference across Pan-Asia.

  • - Procedure, Participation and Democracy in South Africa's Second Wave
    von Brian Ray
    51,00 - 134,00 €

    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 challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.

  • von David Kosar
    55,00 - 169,00 €

    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. This book investigates the different forms of accountability and the taxonomy of mechanisms of control to determine a best practice methodology. The author expertly provides a meticulous analysis, using over 800 case studies from the Czech and Slovak disciplinary courts from 1993 to 2010 and creates a systematic framework that can be applied to future cases.

  • - The Impact of Judicial Activism on Socioeconomic Rights in the Global South
    von Cesar Rodriguez-Garavito & Diana Rodriguez-Franco
    133,00 €

    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 the most ambitious case in constitutional adjudication in Latin America over the last decade: the Colombian Constitutional Court's structural injunction affecting the rights of over five million internally displaced people and its implementation process. Although the ruling (known as T25) was handed down in 2004, its monitoring process continues. This book traces the case's evolution from its origin to its effects on policy, politics and public opinion. It also compares the implementation and effects of T25 with those of other rulings on the rights to health, food, housing, and prison overcrowding in Colombia, India and South Africa. The study's insights will be of interest to scholars of comparative constitutionalism in Latin America, Africa and Asia.

  • - Democratic Constitutional Founding in Postwar Japan and South Korea
    von Chaihark (Yonsei University Hahm
    134,00 €

    In 2014, Japanese Prime Minister Abe Shinzo announced the expansion of Japan's war powers, challenging a constitutional precedent that had been in place for seventy years. This book examines the history of Japan and Korea's post-World War II constitution-making, in order to shed light on the countries' modern legacies.

  •  
    67,00 €

    This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives with in-depth case studies from nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives.

  • - Law and Politics in South Asia
     
    155,00 €

    South Asia, despite being the site of the world's largest constitutional democracy, is underrepresented in comparative legal scholarship. This book remedies this lack of attention by examining constitutional law in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

  • - A General Theory with Evidence from the European Union
    von Atlanta) Carrubba, Clifford J. (Emory University, St Louis) Gabel & usw.
    46,00 - 123,00 €

    This book proposes a general theory of international courts that assumes member states are free to ignore international agreements and adverse court rulings, and that the court does not have any informational advantages. It demonstrates that international courts can facilitate cooperation with international law, but only within important political constraints.

  •  
    51,00 €

    There is great interest among scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? By exploring an array of constitutional histories, this book shows how ideas of constitutional success play out differently in different contexts.

  •  
    64,00 €

    This volume brings together essays by leading scholars of comparative constitutional design from myriad disciplinary perspectives. The authors collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues.

  •  
    53,00 €

    This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

  •  
    124,00 €

    This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

  • - The Law and Practice of Ordinances
    von Shubhankar (Singapore Management University) Dam
    46,00 - 100,00 €

    Despite India's parliamentary system, the president has authority to enact legislation (or ordinances) under certain circumstances without involving parliament. This book studies ordinances at the national level in India centered around historical, empirical, and analytical themes. It explains why the fate of parliamentary reforms may be tied to the reform of the provision for ordinances.

  •  
    123,00 €

    This book addresses the role of constitutions and constitutionalism in dealing with the challenges of social difference such as religion or race and ethnicity. The book brings together lawyers, political scientists, historians, religious studies scholars, and area studies experts to consider how constitutions address issues of difference across Pan-Asia.

  •  
    113,00 €

    A collection of essays examining the latest constitutional developments in sixteen East, Southeast and South Asian countries since the beginning of the twenty-first century. With comparative, historical and analytical perspectives on Asian constitutionalism, this will appeal to students and scholars interested in the origins or contemporary manifestations of constitutionalism in Asia.

  • - Judicial Roles in Global Perspective
     
    136,00 €

    Maps the roles in governance that courts now undertake. Offering empirically rich accounts of dramatic judicial actions in the Americas, Europe, the Middle East and Asia, this book explores the political conditions and judicial strategies that have fostered those assertions of power, and evaluates when and how courts' assertions of new roles have been politically consequential.

  •  
    163,00 €

    This volume brings together essays by leading scholars of comparative constitutional design from myriad disciplinary perspectives. The authors collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues.

  •  
    189,00 €

    This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives with in-depth case studies from nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives.

  •  
    47,00 €

    To mark the 800th anniversary of Magna Carta, this book gathers top scholars from the UK and US to analyse its historic and contemporary influence. Using a political science framework and a global scope extending from the UK to the Americas and the Pacific, the authors puncture numerous enduring myths.

  •  
    125,00 €

    To mark the 800th anniversary of Magna Carta, this book gathers top scholars from the UK and US to analyse its historic and contemporary influence. Using a political science framework and a global scope extending from the UK to the Americas and the Pacific, the authors puncture numerous enduring myths.

  • - Regressing Towards Constitutional Autocracy
     
    133,00 €

    This book details the conditions leading to the failure of constitution making and constitutional reform in Turkey, and offers lessons that can be applied elsewhere. It will appeal to scholars and students of constitutional politics and be valuable supplementary reading for undergraduate and graduate courses in Turkish studies.

  • von EDITED BY GREGORY SH
    47,00 €

    Constitution-making is often thought of as an exclusively national project that constitutes the framework for politics and law within a nation, but constitutions have always been influenced by ideas from abroad. External influence is increasing, producing a transnational legal order with its own constitutional norms, processes, guidelines and shared ideas.

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