The Politics of Principle

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

Proportionality and Constitutional Culture

Author: Moshe Cohen-Eliya
Publisher: Cambridge University Press
ISBN: 1107244757
Format: PDF, Kindle
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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.

Parliamentary Sovereignty

Author: Jeffrey Goldsworthy
Publisher: Cambridge University Press
ISBN: 1139491512
Format: PDF, Kindle
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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'.

Proportionality

Author: Aharon Barak
Publisher: Cambridge University Press
ISBN: 9781107401198
Format: PDF, Mobi
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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.

Judging Social Rights

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

Reason of State

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

Dimensions of Dignity

Author: Jacob Weinrib
Publisher: Cambridge University Press
ISBN: 1107084288
Format: PDF, ePub, Mobi
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Offers a public law theory that elaborates the idea of human dignity to illuminate and justify innovations in constitutional practice.

Building the Constitution

Author: James Fowkes
Publisher: Cambridge University Press
ISBN: 1316867412
Format: PDF, ePub
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This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress (ANC) government and other political actors has underpinned the Court's landmark cases, which are often applauded too narrowly as merely judicial achievements. Standard accounts see the Court as overseer of a negotiated constitutional compromise and as the looked-to guardian of that constitution against the rising threat of the ANC. However, in reality South African successes have been built on broader and more admirable constitutional politics to a degree no previous account has described or acknowledged. The Court has responded to this context with a substantially consistent but widely misunderstood pattern of deference and intervention. Although a work in progress, this institutional self-understanding represents a powerful effort by an emerging court, as one constitutionally serious actor among others, to build a constitution.