Supreme Courts and Judicial Law-Making


Book Description

This book gives a broad understanding of the Belgian Constitutional History including a General Introduction, the Sources of Constitutional Law, its Form of Government, The State & its Subdivisions, Citizenship & its Administration of Justice & Specific Problems. Added features of this publication include a list of abbreviations, an extensive glossary, maps, & charts. This book is an offprint of the International Encyclopaedia of Laws: Constitutional Law .




Comparative Judicial Review


Book Description

Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.







Inventing Freedom


Book Description

Why does the world speak English? Why does every country at least pretend to aspire to representative government, personal freedom, and an independent judiciary? In The New Road to Serfdom, British politician Daniel Hannan exhorted Americans not to abandon the principles that have made our country great. Inventing Freedom is a much more ambitious account of the historical origin and spread of those principles, and their role in creating a sphere of economic and political liberty that is as crucial as it is imperiled. According to Hannan, the ideas and institutions we consider essential to maintaining and preserving our freedoms—individual rights, private property, the rule of law, and the institutions of representative government—are not broadly "Western" in the usual sense of the term. Rather they are the legacy of a very specific tradition, one that was born in England and that we Americans, along with other former British colonies, inherited. The first English kingdoms, as they emerged from the Dark Ages, already had unique characteristics that would develop into what we now call constitutional government. By the tenth century, a thousand years before most modern countries, England was a nation-state whose people were already starting to define themselves with reference to inherited common-law rights. The story of liberty is the story of how that model triumphed. How, repressed after the Norman Conquest, it reasserted itself; how it developed during the civil wars of the seventeenth and eighteenth centuries into the modern liberal-democratic tradition; how it was enshrined in a series of landmark victories—the Magna Carta, the English Civil War, the Glorious Revolution, the U.S. Constitution—and how it came to defeat every international rival. Yet there was nothing inevitable about it. Anglosphere values could easily have been snuffed out in the 1940s. And they would not be ascendant today if the Cold War had ended differently. Today we see those ideas abandoned and scorned in the places where they once went unchallenged. The current U.S. president, in particular, seems determined to deride and traduce the Anglosphere values that the Founders took for granted. Inventing Freedom explains why the extraordinary idea that the state was the servant, not the ruler, of the individual evolved uniquely in the English-speaking world. It is a chronicle of the success of Anglosphere exceptionalism. And it is offered at a time that may turn out to be the end of the age of political freedom.




Global Canons in an Age of Contestation


Book Description

Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are - or should be - the canonical texts of comparative constitutionalism. The theoretical scope of the contributions is broad and ambitious, selecting primary material from beyond the existing textbooks to engage the concept of a canon. This framework provides significant insights about inclusion and exclusion, and proposes candidates for canonical and anti-canonical materials. The result is a wide-ranging discussion, among many voices, of how particular judgments and other primary texts have shaped or should shape our understanding of central elements of democratic constitutionalism from a comparative law perspective. This book is not a prescription of one universal understanding, but a broader conversation about the field and the future of constitutional democracy.




Judge Manfred Lachs and Judicial Law-Making


Book Description

This volume, the second in the series The Judges, which collects and synthesizes the opinions of leading international contemporary judges who have contributed significantly to the progressive development of international law, is devoted to the work of Judge Manfred Lachs, who was elected to the International Court of Justice in 1967. In his Foreword to the study, UN Secretary General Boutros Boutros-Ghali says of Lachs that `His contribution to jurisprudence is especially noteworthy. He initiated a significant part of the jurisprudence of the Court in the area of human rights. He contributed to the formulation of the right to self-determination, helped to develop the law of the sea, and participated in the work of the Court in many other areas. But, above all, he was at the forefront of the most progressive battles of the Court, demonstrating great personal courage and great analytical rigour. As President of the Court, he showed a constant interest in improving its procedures and developing relations between the judicial organ and other organs of the United Nations.' Edward McWhinney's masterly essay, which precedes extracts from Manfred Lachs' Opinions and from some Judgements in which he played a crucial role, is essential reading for all those interested in the World Court, as well for Manfred Lachs' countless admirers, students and colleagues.




Judicial Settlement of International Disputes


Book Description

The record of the International Court of Justice and its predecessor, the old Permanent Court of International Justice, extends back now for about three quarters of a century. During that time the Court has been transformed from a Western (Eurocentric) tribunal in terms both of its judges and also the disputes it was called on to resolve, to an institution broadly representative of the layered, pluralistic world community of today. This is reflected in the fiercely contested battles for election to the Court or the regular triennial elections, and also in the angry denunciations of the Court as a `political' tribunal rendering `political' decisions, launched by some national foreign Ministry spokesmen in reaction to Court judgments involving their own states or what they consider as their own vital interests. Within the Court's ranks in recent years there has been a marked philosophical division between those judges (usually from Western or Western-influenced states) who have sought to maintain traditional positivist, strict construction (`neutral') approaches, and those who would in American legal Realist-style, essay a more frankly critical, liberal activist rôle in the up-dating or re-making of old legal doctrines inherited from earlier eras in international relations. The intellectual-legal conflicts within the Court are canvassed in some of the major political-legal cases of recent years (South West Africa and Namibia; Nuclear Tests; Western Sahara; Nicaragua v. US). The contemporary rôle of the Court and its relation to and cooperation with other principal United Nations (especially the General Assembly) organs, in World Community problem-solving, are fully explored, in terms of the potential problems but also the opportunities and challenges for the Court and its judges today in an historical era of transition and rapid change in the World Community.







The Judicial Committee of the Privy Council 1833-1876


Book Description

In the nineteenth century, the Judicial Committee of the Privy Council held sway over the lives, liberties and property of more than a quarter of the world's inhabitants.




Principles of Constitutional Design


Book Description

This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.