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Consciousness Studies in Sciences and Humanities: Eastern and Western Perspectives (Studies in Neuroscience, Consciousness and Spirituality #8)
by Prem Saran Satsangi Anna Margaretha Horatschek Anand SrivastavThis book presents consciousness models from Eastern and Western perspectives that accommodate current scientific research in the natural sciences and humanities, from neurological experiments through philosophical enquiries to spiritual approaches. It offers up to date research from key disciplines in consciousness studies ranging from neurology, quantum mechanics, algorithmic science, mathematics, and astrophysics to literary studies, philosophy, and (comparative) theology. The volume examines the dichotomy between Western and Eastern perceptions of consciousness – where consciousness is perceived as brain activity by Western scientists, and as a divine presence by various religions, especially in the East. The essays contextualize each other and reciprocally illuminate the potential and limits of the respective approaches. The texts aim at a transdisciplinary and transcultural exchange of ideas in consciousness studies and address a readership from interested lay-readers to experts of the field. The volume is of interest to researchers of consciousness studies.
Consent Matters
by Robert E. GoodinConsent works moral magic. Things that would otherwise be wrong to do to someone are, with that person's consent, made morally permissible. But what is consent, and how does it work? What can be taken for consent (perhaps wrongly) and with what consequences? How does consent come into being and pass out of it? How can consent be conferred, invoked and revoked? What is the role of social and legal norms in governing consent? How contextually sensitive should those norms be in applying to diverse settings, ranging from sexual encounters to prison hospitals to the poll booth? Those are the sorts of broad questions animating this book. It aspires to provide a comprehensive account of the social practice of consent, informed by deep reading in the history of ideas, philosophy, law, political science and sociology. Consent Matters thus serves, at one and the same time, as a guide for the perplexed social practitioner of consent and as a touchstone for philosophical attempts to theorize and to refine those existing practices.
Conservation of Contemporary Art: Bridging the Gap Between Theory and Practice (Studies in Art, Heritage, Law and the Market #9)
by Renée van de Vall Vivian Van SaazeThis open access book investigates whether and how theoretical findings and insights in contemporary art conservation can be translated into the daily work practices of conservators or, vice versa, whether and how the problems and dilemmas encountered in conservation practice can inform broader research questions and projects. For several decades now, the conservation of contemporary art has been a dynamic field of research and reflection. Because of contemporary art’s variable constitution, its care and management calls for a fundamental rethinking of the overall research landscape of museums, heritage institutions, private-sector organizations and universities. At first, this research was primarily pursued by conservation professionals working in or with museums and other heritage organizations, but increasingly academic researchers and universities became involved, for instance through collaborative projects. This book is the result of such collaboration. It sets out to bridge the “gap” between theory and practice by investigating conservation practices as a form of reflection and reflection as a form of practice.
The Constitution of South Korea: A Contextual Analysis (Constitutional Systems of the World)
by Chaihark HahmThe constitutional system of South Korea is a work in progress, and this volume fleshes out and makes intelligible to foreign readers that process within the specific political and historical context of modern South Korea.The current South Korean Constitution of 1987 is the culmination of decades-long efforts by the South Korean people to achieve democratic self-government. It is the fruition of untold sacrifices made by dedicated citizens who tirelessly fought to rein in the power of the government under some form of constitutional rule. In that sense, it should be understood against the backdrop of South Korea's experimentation with constitutionalism that began at the turn of the last century. Yet, it also represents a radical break, the beginning of a new era which ended a long political history of 'constitution without constitutionalism'. For the first time in the history of the South Korean nation, the constitution has become a living norm rather than an ornament, or a façade, for illegitimate or ineffectual governments. It has proven to be a binding law that matters not only for government leaders but also for private individuals. With the adoption, especially, of a system allowing the adjudication of constitutional issues at an independent court, the people have begun to realise that the constitution can be invoked to protect their rights and advance their interests. As a result, the South Korean Constitutional Court is being stretched to its limits with a great number of cases filed at its docket. This book is an insightful new addition to Hart's successful series, Constitutional Systems of the World.
Constitutional and Administrative Law
by Hilaire BarnettHilaire Barnett’s Constitutional and Administrative Law has consistently provided students with reliable, accessible and comprehensive coverage of the Public Law syllabus. Mapped to the common course outline, the Fifteenth edition equips students with a thorough understanding of the UK constitution’s past, present and future by analysing and illustrating the political and socio-historical contexts that have shaped the major rules and principles of constitutional and administrative law, as well as ongoing constitutional reform. This edition has been fully updated throughout, including a restructure to Chapters 22 and 26, as well as additional pause and reflect sections in order to aid student understanding of this complex area of the law. The online digital content also includes updates to the Multiple Choice Questions, Instructor Test Bank and Web Links. Ideal for students studying constitutional and administrative law for the first time, this is an indispensable guide to the challenging concepts and legal rules in public law.
Constitutional and Administrative Law
by Hilaire BarnettHilaire Barnett’s Constitutional and Administrative Law has consistently provided students with reliable, accessible and comprehensive coverage of the Public Law syllabus. Mapped to the common course outline, the Fifteenth edition equips students with a thorough understanding of the UK constitution’s past, present and future by analysing and illustrating the political and socio-historical contexts that have shaped the major rules and principles of constitutional and administrative law, as well as ongoing constitutional reform. This edition has been fully updated throughout, including a restructure to Chapters 22 and 26, as well as additional pause and reflect sections in order to aid student understanding of this complex area of the law. The online digital content also includes updates to the Multiple Choice Questions, Instructor Test Bank and Web Links. Ideal for students studying constitutional and administrative law for the first time, this is an indispensable guide to the challenging concepts and legal rules in public law.
Constitutional Courts in the German States: History, Structure, and Functions (Contributions to Political Science)
by Werner ReutterThe book takes stock on constitutional adjudication in the German states. It includes surveys on the Constitutional Court in Berlin, the origins and development of state constitutional courts in Germany, their status and mode of operation, their justices, and the role these courts play at the subnational level in Germany.
The Constitutional Courts of Small Jurisdictions (Small State Studies)
The Constitutional Courts of Small Jurisdictions identifies features and challenges common to the constitutional courts of small state jurisdictions in Europe.The constitutional courts of the following small state jurisdictions are explored: Andorra, Cyprus, Estonia, Liechtenstein, Luxembourg, Malta, Monaco, Montenegro, and San Marino. For each country’s constitutional court, the following matters are examined: the history of the court; its composition; its standing and the types of proceedings; jurisdiction of the court; procedural steps and rules; the nature and effect of the decisions rendered; relations with other courts (CJEU, ECHR, etc.); and current issues and future developments. The book concludes by identifying some common features and challenges that constitutional courts of small states are confronted with, formulating recommendations for other small state jurisdictions across the world.This book will be of great interest and use to practitioners and scholars working in and researching constitutional law in general, and constitutional courts in particular. It will be invaluable for those dealing with small states, as it pays attention to an often forgotten - but important - aspect of the rule of law, and thus also of democracy.
The Constitutional Courts of Small Jurisdictions (Small State Studies)
by Danny PietersThe Constitutional Courts of Small Jurisdictions identifies features and challenges common to the constitutional courts of small state jurisdictions in Europe.The constitutional courts of the following small state jurisdictions are explored: Andorra, Cyprus, Estonia, Liechtenstein, Luxembourg, Malta, Monaco, Montenegro, and San Marino. For each country’s constitutional court, the following matters are examined: the history of the court; its composition; its standing and the types of proceedings; jurisdiction of the court; procedural steps and rules; the nature and effect of the decisions rendered; relations with other courts (CJEU, ECHR, etc.); and current issues and future developments. The book concludes by identifying some common features and challenges that constitutional courts of small states are confronted with, formulating recommendations for other small state jurisdictions across the world.This book will be of great interest and use to practitioners and scholars working in and researching constitutional law in general, and constitutional courts in particular. It will be invaluable for those dealing with small states, as it pays attention to an often forgotten - but important - aspect of the rule of law, and thus also of democracy.
Constitutional Identity and Constitutionalism in Africa (Stellenbosch Handbooks in African Constitutional Law)
by Charles M. Fombad Nico SteytlerIn its modern history, Africa has experienced different waves of constitutional ordering. The latest democratisation wave, which began in the 1990s, has set the stage over the past decade for what is now a hotly debated issue: do recent, new, or fundamentally revised constitutions truly reflect an African constitutional identity? Thoughtfully navigating a contested field, this volume brings to the fore a number of foundational questions about African constitutionalism. Constitutional Identity and Constitutionalism in Africa asks whether the concept of constitutional identity clarifies our understanding of constitutional change in Africa, including an exploration of the relationship between constitutional identity and a country's unique culture(s) and histories. Building on this, contributions examine the persistent role of colonial heritages in shaping constitutional identity in post-Independence African nations, and the question of path-dependency. Given the enduring influence of the colonial experience, the volume asks how, why, and to what end African constitutions must be 'decolonised' to form an authentic constitutional identity. This theoretical insight is supplemented and further deepened by detailed case studies of South Africa, Ethiopia, Cape Verde, Cameroon, and Egypt and their diverse experience of constitutional continuity and change. This volume in the Stellenbosch Handbooks in African Constitutional Law series, brings together contributions from established scholars and emerging voices on the study of constitutional processes. They provide an urgent critical analysis of existing paradigms, concepts and normative ideologies of modern African constitutionalism in the context of constitutional identity.
Constitutional Justice under Populism: The Transformation of Constitutional Jurisprudence in Hungary since 2010
by Fruzsina Gárdos-Orosz<span style="font-family:"Times New Roman",serif;mso-fareast-font-family: Calibri;mso-ansi-language:EN-AU">Features: <p style="margin-left:-.25pt;text-align:justify;line-height: 150%" class="MsoNormal"><span style="font-family:"Times New Roman",serif;mso-ansi-language: EN-AU">Since the subject-matter of the volume is by its approach of constitutional change in populism is an unexamined one, neither a monograph nor an edited volume on the effects of populism on a specific legal institution, one already facing different external challenges (financial crisis, migration, security crisis, Covid-19 etc. issues), has been published so far. The book follows a unique approach in the framework of populist constitutionalism studies, because it combines the following features: <p style="margin-top:0cm;margin-right:0cm;margin-bottom:7.0pt; margin-left:36.0pt;text-align:justify;text-indent:-18.0pt;line-height:150%; mso-list:l0 level1 lfo1;mso-hyphenate:auto" class="MsoNormal">focuses on one of the greatest contemporary challenges to constitutional democracies; <p style="margin-top:0cm;margin-right:0cm;margin-bottom:6.9pt; margin-left:36.0pt;text-align:justify;text-indent:-18.0pt;line-height:150%; mso-list:l0 level1 lfo1;mso-hyphenate:auto" class="MsoNormal">is authored by a pre-eminent scholar of Hungarian law; <p style="margin-top:0cm;margin-right:0cm;margin-bottom:7.0pt; margin-left:36.0pt;text-align:justify;text-indent:-18.0pt;line-height:150%; mso-list:l0 level1 lfo1;mso-hyphenate:auto" class="MsoNormal">gives insight into the various problems of constitutional review, the transformation of the institution by constitution-making and legislation and its legal practice; and <p style="margin-top:0cm;margin-right:0cm;margin-bottom:11.55pt; margin-left:36.0pt;text-align:justify;text-indent:-18.0pt;line-height:150%; mso-list:l0 level1 lfo1;mso-hyphenate:auto" class="MsoNormal">contributes to the theories of and knowledge on the impacts of external challenges, especially those created by political systems, on the constitution and law by focusing on studying the transformation of the Hungarian Constitutional Court. <p style="margin-top:0cm;margin-right:0cm;margin-bottom:11.55pt; margin-left:36.0pt;text-align:justify;text-indent:-18.0pt;line-height:150%; mso-list:l0 level1 lfo1;mso-hyphenate:auto" class="MsoNormal">it provides additional information with high contextual value to the book edited by the author: Fruzsina Gárdos-Orosz, together with Kinga Zakariás, entitled: 30 Years of jurisprudence of the Hungarian Constitutional Court 1990-2020 (Nomos Verlag, Baden-Baden, 2022). <p style="margin-right:-36.0pt;text-align:justify;line-height: 150%;mso-pagination:none;text-autospace:ideograph-numeric" class="MsoNormal"><span style="font-family:"Times New Roman",serif;mso-fareast-font-family: Calibri;mso-ansi-language:EN-AU">Benefits: <p style="margin-left:-.25pt;text-align:justify;line-height: 150%" class="MsoNormal"><span style="font-family:"Times New Roman",serif;mso-ansi-language: EN-AU">Because of the uniqueness of the topic of the book, its target group includes scholars and practitioners from all over the world who are interested in populism studies, comparative constitutional systems, and especially in Hungarian law and jurisprudence, as well as constitutional review. It will be an important reference, as it gives insight into the Hungarian ways of the legal treatment of the most urgent present-day challenges in the framework of populist constitutionalism. Both the various patterns of responding to the modern challenges and their analyses provided by this book should stimulate intensive academic discussion. University students of faculties of law and political science can also be interested in this book. Furthermore, judges, especially judges of constitutional courts and supreme courts could also be a target audience of the proposed book, due to the extensive relevance of the judicial dialogue in contemporary jurisprudence. Shared knowledge about the new
Constitutional Law and the Politics of Ethnic Accommodation: Institutional Design in Afghanistan (Comparative Constitutional Change)
by Bashir MobasherThis book explores whether the legal and political institutions of Afghanistan were able to incorporate diverse ethnic groups into the political process. Ethnic accommodation has gained central stage in the literature on institutional design and democratic consolidation. However, some divided societies are more explored than others, and Afghanistan is one understudied country that is critically important for testing and improving our theories of institutional design in a democratizing, plural society. This work examines the Constitution of 2004 and those provisions of electoral laws and political party laws that together devised Afghan political institutions including those of the presidential system, unitary government, electoral systems as well as the party system. It argues that due to their incongruence in design and effects, the Afghan political institutions failed to fully accommodate ethnic groups in the political process. This book adopts a holistic approach, while also paying careful attention to the details of each of the individual pieces of political institutions designed by the Constitution of 2004. Taken together, this approach yields insights into the boundaries and interactions of institutional design and how their interactions hinder or advance ethnic accommodation in varying contexts. The book will be essential reading for academics, researchers and policy makers interested in constitutional law and politics.
Constitutional Law and the Politics of Ethnic Accommodation: Institutional Design in Afghanistan (Comparative Constitutional Change)
by Bashir MobasherThis book explores whether the legal and political institutions of Afghanistan were able to incorporate diverse ethnic groups into the political process. Ethnic accommodation has gained central stage in the literature on institutional design and democratic consolidation. However, some divided societies are more explored than others, and Afghanistan is one understudied country that is critically important for testing and improving our theories of institutional design in a democratizing, plural society. This work examines the Constitution of 2004 and those provisions of electoral laws and political party laws that together devised Afghan political institutions including those of the presidential system, unitary government, electoral systems as well as the party system. It argues that due to their incongruence in design and effects, the Afghan political institutions failed to fully accommodate ethnic groups in the political process. This book adopts a holistic approach, while also paying careful attention to the details of each of the individual pieces of political institutions designed by the Constitution of 2004. Taken together, this approach yields insights into the boundaries and interactions of institutional design and how their interactions hinder or advance ethnic accommodation in varying contexts. The book will be essential reading for academics, researchers and policy makers interested in constitutional law and politics.
Constitutional Law for Criminal Justice
by Jacqueline R. Kanovitz Jefferson L. Ingram Christopher J. DevineConstitutional Law for Criminal Justice, Sixteenth Edition, offers criminal justice professionals the training they need to recognize the constitutional principles that apply to their daily work. Jacqueline R. Kanovitz, Jefferson L. Ingram, and Christopher J. Devine provide a comprehensive, well-organized, and up-to-date analysis of constitutional issues that affect the U.S. justice system. Chapter 1 of Part I summarizes the organization and content of the Constitution, the Bill of Rights, and the Fourteenth Amendment. The next eight chapters cover the constitutional principles that regulate investigatory detentions, traffic stops, arrests, use of force, search and seizure, technologically assisted surveillance, the Wiretap Act, interrogations and confessions, self-incrimination, witness identification procedures, the right to counsel, procedural safeguards during criminal trials, First Amendment issues relevant to law enforcement, and capital punishment. The final chapter covers the constitutional rights of criminal justice professionals in the workplace, their protection under Title VII of the Civil Rights Act, and their accountability under 42 U.S.C. § 1983 for violating the constitutional rights of others. Part II contains abstracts of key judicial decisions exemplifying how the doctrines covered in earlier chapters are being applied by the courts. The combination of text and cases creates flexibility in structuring class time. This book makes complex concepts accessible to students in all levels of criminal justice education. The chapters begin with an outline and end with a summary. Key Terms and Concepts are defined in the Glossary. Tables, figures, and charts are used to synthesize and simplify information. The result is an incomparably clear, student-friendly textbook that has remained a leader in criminal justice education for more than 50 years. The accompanying Instructor and Student Resources website provides free digital materials designed to test student knowledge and save time when preparing lessons. Resources include: Student access to practical quizzes including multiple-choice and true-or-false questions, and case studies with interactive questions and answers to test and apply knowledge A downloadable comprehensive study guide, glossary, and appendix including the text of the United States Constitution to enhance understanding of each chapter alongside study Step-by-step Instructor Guides and premade lesson slides that correspond to the chapters in an editable format to saving valuable time on lesson preparation Instructor access to test-bank questions for further exam practice
Constitutional Law for Criminal Justice
by Jacqueline R. Kanovitz Jefferson L. Ingram Christopher J. DevineConstitutional Law for Criminal Justice, Sixteenth Edition, offers criminal justice professionals the training they need to recognize the constitutional principles that apply to their daily work. Jacqueline R. Kanovitz, Jefferson L. Ingram, and Christopher J. Devine provide a comprehensive, well-organized, and up-to-date analysis of constitutional issues that affect the U.S. justice system. Chapter 1 of Part I summarizes the organization and content of the Constitution, the Bill of Rights, and the Fourteenth Amendment. The next eight chapters cover the constitutional principles that regulate investigatory detentions, traffic stops, arrests, use of force, search and seizure, technologically assisted surveillance, the Wiretap Act, interrogations and confessions, self-incrimination, witness identification procedures, the right to counsel, procedural safeguards during criminal trials, First Amendment issues relevant to law enforcement, and capital punishment. The final chapter covers the constitutional rights of criminal justice professionals in the workplace, their protection under Title VII of the Civil Rights Act, and their accountability under 42 U.S.C. § 1983 for violating the constitutional rights of others. Part II contains abstracts of key judicial decisions exemplifying how the doctrines covered in earlier chapters are being applied by the courts. The combination of text and cases creates flexibility in structuring class time. This book makes complex concepts accessible to students in all levels of criminal justice education. The chapters begin with an outline and end with a summary. Key Terms and Concepts are defined in the Glossary. Tables, figures, and charts are used to synthesize and simplify information. The result is an incomparably clear, student-friendly textbook that has remained a leader in criminal justice education for more than 50 years. The accompanying Instructor and Student Resources website provides free digital materials designed to test student knowledge and save time when preparing lessons. Resources include: Student access to practical quizzes including multiple-choice and true-or-false questions, and case studies with interactive questions and answers to test and apply knowledge A downloadable comprehensive study guide, glossary, and appendix including the text of the United States Constitution to enhance understanding of each chapter alongside study Step-by-step Instructor Guides and premade lesson slides that correspond to the chapters in an editable format to saving valuable time on lesson preparation Instructor access to test-bank questions for further exam practice
Constitutional Law in Bulgaria
by Martin BelovDerived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Bulgaria provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Bulgaria will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Constitutional Law in Cyprus
by Achilles C. EmilianidesDerived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Cyprus provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Cyprus will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Constitutional Law in France
by Marie-Luce ParisDerived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in France provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in France will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Constitutional Law in Germany
by Gerhard RobbersDerived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Germany provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Germany will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Constitutional Law in Hungary
by Zoltán SzenteDerived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Hungary provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Hungary will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Constitutional Law in Italy
by Marta Cartabia Matteo Nicolini Valerio Onida Marilisa D’Amico Costanza Nardocci Enzo Balboni Ilaria Carlotto Paolo Cavaleri Maurizio Pedrazza Gorlero Giovanni Guiglia Elisabetta Lamarque Antonio D’Andrea Fabrizio D’Addabbo Lorenzo SpadaciniDerived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Italy provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Italy will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Constitutional Review and International Investment Law: Deference or Defiance?
by Prof David SchneidermanThe revival of interest in comparative constitutional studies, alongside the rise of legal limitations to state action due to investment treaty commitments, calls for a unique analysis of both investment law and comparative constitutional law. The unresolved tensions that arise between the two are only beginning to be addressed by judges. Are courts resisting these new international limitations on their constitutional space? Constitutional Review and International Investment Law: Deference or Defiance? pioneers this discussion by examining how a selection of the highest courts around the world have addressed this potential discord. A comparison of decisions in the US, Europe, Colombia, Indonesia, Israel, and elsewhere reveals that, rather than issuing declarations of constitutional incompatibility, courts are more likely to respond to constitutional tensions indirectly. Their rulings adopt stances that range from hard deference (such as the Peruvian Constitutional Court viewing constitutional law and investment law as entirely compatible) to soft defiance (for example the Colombian Constitutional Court requiring only modest renegotiation of some treaty terms so that they are constitutionally compliant). Readers learn that judges are not aiming to undermine the investment law regime but are seeking to mitigate constitutional collision.
Constitutional Review in Central and Eastern Europe: Judicial-Legislative Relations in Comparative Perspective
by Kálmán PóczaRecent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional adjudication in Central and Eastern Europe between 1990 and 2020. The work opens with an assessment of the existing literature on empirical analysis of judicial decisions with a special focus on the Central and Eastern European region, and a short summary of the methodology of the project. This is followed by ten country studies and a concluding chapter providing a comprehensive comparative analysis of the results. A further nine countries are explored in the counterpart volume to this book: Constitutional Review in Western Europe: Judicial-Legislative Relations in Comparative Perspective. The collection will be an invaluable resource for those working in the areas of empirical legal research and comparative constitutional law, as well as political scientists interested in judicial politics.
Constitutional Review in Central and Eastern Europe: Judicial-Legislative Relations in Comparative Perspective
Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional adjudication in Central and Eastern Europe between 1990 and 2020. The work opens with an assessment of the existing literature on empirical analysis of judicial decisions with a special focus on the Central and Eastern European region, and a short summary of the methodology of the project. This is followed by ten country studies and a concluding chapter providing a comprehensive comparative analysis of the results. A further nine countries are explored in the counterpart volume to this book: Constitutional Review in Western Europe: Judicial-Legislative Relations in Comparative Perspective. The collection will be an invaluable resource for those working in the areas of empirical legal research and comparative constitutional law, as well as political scientists interested in judicial politics.
Constitutional Review in Western Europe: Judicial-Legislative Relations in Comparative Perspective
by Kálmán PóczaRecent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature.Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. Yet the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre has never been examined accurately and systematically. This volume fills this gap in the literature. To explore the diversity and measure the strength of judicial decisions, the authors have elaborated a new methodology that is intended to give a more nuanced picture of the practice of constitutional adjudication in Europe. The work opens with an assessment of the existing literature on empirical analysis of judicial decisions with a special focus on Western Europe and a short summary of the methodology of the project. This is followed by 11 country studies and a concluding chapter providing a comprehensive comparative analysis of the results. A further ten countries are explored in the counterpart volume to this book: Constitutional Review in Central and Eastern Europe: Judicial-Legislative Relations in Comparative Perspective.The collection will be an invaluable resource for those working in the areas of empirical legal research and comparative constitutional law, as well as political scientists interested in judicial politics.