Book Description
This volume challenges the concept of constitutional success, a bedrock assumption of comparative constitutional scholarship.
Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 447 pages
File Size : 30,67 MB
Release : 2016-08-30
Category : Law
ISBN : 1107154790
This volume challenges the concept of constitutional success, a bedrock assumption of comparative constitutional scholarship.
Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 447 pages
File Size : 46,6 MB
Release : 2016-08-30
Category : Law
ISBN : 1316712575
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.
Author : Maria Ela L. Atienza
Publisher :
Page : 0 pages
File Size : 10,73 MB
Release : 2020
Category : COVID-19 (Disease)
ISBN :
Author : Maria Ela L. Atienza
Publisher :
Page : 0 pages
File Size : 33,27 MB
Release : 2020
Category : Constitutional law
ISBN : 9789176712993
Author : Rosalind Dixon
Publisher : Cambridge University Press
Page : 471 pages
File Size : 45,20 MB
Release : 2018-04-19
Category : History
ISBN : 1108415334
Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.
Author : Theunis Roux
Publisher : Cambridge University Press
Page : 450 pages
File Size : 26,33 MB
Release : 2013-03-28
Category : Law
ISBN : 9781107013643
Under its first chief justice, Arthur Chaskalson, the South African Constitutional Court built an unrivalled reputation in the comparative constitutional law community for technically accomplished and morally enlightened decision-making. At the same time, the Court proved remarkably effective in asserting its institutional role in post-apartheid politics. While each of these accomplishments is noteworthy in its own right, the Court's simultaneous success in legal and political terms demands separate investigation. Drawing on and synthesising various insights from judicial politics and legal theory, this study offers an interdisciplinary explanation for the Chaskalson Court's achievement. Rather than a purely political strategy of the kind modelled by rational choice theorists, the study argues that the Court's achievement is attributable to a series of adjudicative strategies in different areas of law. In combination, these strategies allowed the Court to satisfy institutional norms of public reason-giving while at the same time avoiding political attack.
Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 407 pages
File Size : 38,19 MB
Release : 2012-02-27
Category : Law
ISBN : 1107020565
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Author : Adrian Vermeule
Publisher : Cambridge University Press
Page : 209 pages
File Size : 36,35 MB
Release : 2014
Category : Law
ISBN : 1107043727
The Constitution of Risk is the first book to combine constitutional theory with the theory of risk regulation. The book argues that constitutional rulemaking is best understood as a means of managing political risks. Constitutional law structures and regulates the risks that arise in and from political life, such as an executive coup or military putsch, political abuse of ideological or ethnic minorities, or corrupt self-dealing by officials. The book claims that the best way to manage political risks is an approach it calls "optimizing constitutionalism" - in contrast to the worst-case thinking that underpins "precautionary constitutionalism," a mainstay of liberal constitutional theory. Drawing on a broad range of disciplines such as decision theory, game theory, welfare economics, political science, and psychology, this book advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive and frequently irrational attitude of distrust of official power that is so prominent in American constitutional history and discourse.
Author : Gabriel L. Negretto
Publisher : Cambridge University Press
Page : 297 pages
File Size : 28,93 MB
Release : 2013-06-17
Category : Political Science
ISBN : 1107026520
Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.
Author : Tom Ginsburg
Publisher : Edward Elgar Publishing
Page : 681 pages
File Size : 15,67 MB
Release : 2011-01-01
Category : Law
ISBN : 0857931210
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.