The Politics of Principle

Author: Theunis Roux
Publisher: Cambridge University Press
ISBN: 110701364X
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Uses a single-country case study to enrich research on the role of constitutional courts in new democracies.

Proportionality

Author: Aharon Barak
Publisher: Cambridge University Press
ISBN: 9781107401198
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Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.

Proportionality and Constitutional Culture

Author: Moshe Cohen-Eliya
Publisher: Cambridge University Press
ISBN: 1107244757
Format: PDF, Mobi
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Although the most important constitutional doctrine worldwide, a thorough cultural and historical examination of proportionality has not taken place until now. This comparison of proportionality with its counterpart in American constitutional law - balancing - shows how culture and history can create deep differences in seemingly similar doctrines. Owing to its historical origin in Germany, proportionality carries to this day a pro-rights association, while the opposite is the case for balancing. In addition, European legal and political culture has shaped proportionality as intrinsic to the state's role in realizing shared values, while in the United States a suspicion-based legal and political culture has shaped balancing in more pragmatic and instrumental terms. Although many argue that the USA should converge on proportionality, the book shows that a complex web of cultural associations make it an unlikely prospect.

The Alchemists

Author: Tom Gerald Daly
Publisher: Cambridge University Press
ISBN: 1108287190
Format: PDF, ePub, Mobi
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Can courts really build democracy in a state emerging from authoritarian rule? This book presents a searching critique of the contemporary global model of democracy-building for post-authoritarian states, arguing that it places excessive reliance on courts. Since 1945, both constitutional courts and international human rights courts have been increasingly perceived as alchemists, capable of transmuting the base materials of a nascent democracy into the gold of a functioning democratic system. By charting the development of this model, and critically analysing the evidence and claims for courts as democracy-builders, this book argues that the decades-long trend toward ever greater reliance on courts is based as much on faith as fact, and can often be counter-productive. Offering a sustained corrective to unrealistic perceptions of courts as democracy-builders, the book points the way toward a much needed rethinking of democracy-building models and a re-evaluation of how we employ courts in this role.

Judging Social Rights

Author: Jeff King
Publisher: Cambridge University Press
ISBN: 1107008026
Format: PDF
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Jeff King argues in favour of constitutionalising social rights, and presents an incrementalist approach to judicial enforcement.

The Veiled Sceptre

Author: Anne Twomey
Publisher: Cambridge University Press
ISBN: 1107056780
Format: PDF, Kindle
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A comprehensive review and analysis of the exercise of the reserve power in countries that have Westminster systems.

Reason of State

Author: Thomas Poole
Publisher: Cambridge University Press
ISBN: 1107089891
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An original work on the important idea of reason of state and British and imperial history and constitutional theory.

Parliamentary Sovereignty

Author: Jeffrey Goldsworthy
Publisher: Cambridge University Press
ISBN: 1139491512
Format: PDF, ePub
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This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.

The Madisonian Constitution

Author: George Thomas
Publisher: JHU Press
ISBN: 9781421403267
Format: PDF, ePub, Docs
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Engagingly written and soundly argued, this study clarifies and highlights the political origins of the nation's foundational document and argues that American constitutionalism is primarily about countervailing power not legal limits enforced by courts.