Constitutional Culture, Independence, and Rights


Book Description

In Constitutional Culture, Independence, and Rights, Javier García Oliva and Helen Hall coin the term "constitutional culture" to encapsulate the collective rules and expectations that govern the collective life within a jurisdiction. Significantly, these shared norms have both legal and social elements, including matters as diverse as standards of parenting, the modus operandi of police officers, and taboos around sexuality. Using Quebec, Scotland, and Catalonia as case studies, the book delves into what these constitutional battles mean for the rights, identity, and needs of everyday people, and it powerfully demonstrates why the hypothetical future independence of these regions would have far-reaching practical consequences, beyond the realm of political structures and academic theory. The book does not present a magic bullet to resolve debates around independence – this is not its purpose, and the text in fact demonstrates why there is no objectively optimal approach in any or all contexts. Instead, it seeks to shed light on aspects of these situations often overlooked in discussions around the fate of nations, and it addresses what the consequences of constitutional paradigm shifts might be for individuals. Constitutional culture is a complex web of interconnected understandings and behaviours, and the vibrations from shaking or cutting a fundamental strand will be felt throughout the structure.




Constitutional Culture and Democratic Rule


Book Description

This volume investigates the nature of constitutional democratic government in the United States and elsewhere. It provides comprehensive tools for analyzing and comparing different forms of constitutional democracy. The collection will be of interest to students and readers in political science, law, history and political philosophy.




Constitutional Culture Independence Rihb


Book Description

In the context of real-world dilemmas, Constitutional Culture, Independence, and Rights explores fundamental questions about the purpose and nature of constitutions, states, and nations.




The Culture of Judicial Independence


Book Description

The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012). This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world peace, constitutional position of top courts, relations between the judiciary and the other branches of government, impartiality and fairness of the judicial process, judicial ethics, dispute resolution in arbitral awards and international investments, international courts and cross country issues, judicial selection. The volume also offers an update report on the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace, including the relations of top courts and international courts, administrative judges, culture of judicial independence and public inquiries by judges.




The U.S. Constitution and Fascinating Facts about it


Book Description

Readers will see the entire text of the Constitution, the Bill of Rights and the Declaration of Independence and much more with interesting insights into the men who wrote the Constitution, how it was created, and how the Supreme Court has interpreted the Constitution.







Declaring Rights


Book Description

Questions about the original meaning of the Bill of Rights remain a source of active concern and controversy in the twenty-first century. In order to help students consider the intentions of the first Constitutional amendments and the significance of declaring rights, Jack Rakove traces the tradition and describes the deliberations from which the Bill of Rights emerged.




The Transatlantic Constitution


Book Description

Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution—that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances—shaped the legal development of the colonial world. Focusing on practices rather than doctrines, Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island, which had the largest number of appeals of any mainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture.




The Oxford Handbook of Comparative Constitutional Law


Book Description

The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.




The Culture of Judicial Independence


Book Description

The creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts and tribunals. The main aim of this volume is to analyze the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions. The proposed volume is based on the papers presented at the five conferences held in the framework of The International Project on Judicial independence. The editors of this volume and the contributors to it are leading scholars and distinguished experts on judicial independence and judiciaries.