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  • The Federal Idea

    Public Law Between Governance and Political Life

    Edited by Dr Amnon Lev ...
    Series series Hart Studies in Comparative Public Law
    A significant part of the world's population lives under some sort of federal arrangement. And yet, the concepts of federalism and federation remain under-theorised. Federalist theorists have, for the most part, defined their object by opposition to the unitary state. As a result, they have not developed public law theories that capture the specificity of this type of polity.Bringing together ... Read more

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    Conceptions of German Constitutional Law since 1871

    Germany has long been at the centre of European debates surrounding the modern role of national constitutional law and its relationship with EU law. In 2009 the German constitutional court voted to uphold the constitutionality of the Lisbon Treaty, but its critical, restrictive decision sent shockwaves through the European legal community who saw potential threats to further European integration. ... Read more

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  • The Cultural Defense of Nations

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    by Liav Orgad ...
    Series series Oxford Constitutional Theory
    The Cultural Defense of Nations presents a timely, thought-provoking thesis on some of the most pressing issues of our time-global immigration, majority groups, and national identity. Never in human history has so much attention been paid to human movement. Global migration yields demographic shifts of historical significance, profoundly shaking up world politics-as has been seen in the refugee ... Read more

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  • Legitimate Expectations in the Common Law World

    Edited by Matthew Groves, Greg Weeks ...
    Series series Hart Studies in Comparative Public Law
    The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213. Although the substantive form of legitimate expectation adopted in Coughlan was quickly accepted by English courts and received a generally favourable response from public law scholars, the doctrine of ... Read more

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  • Engineering Constitutional Change

    A Comparative Perspective on Europe, Canada and the USA

    Edited by Xenophon Contiades ...
    Series series Routledge Research in Constitutional Law
    This volume provides a holistic presentation of the reality of constitutional change in 18 countries (the 15 old EU member states, Canada, Switzerland and the USA). The essays offer analysis on formal and informal constitutional amendment bringing forth the overall picture of the parallel paths constitutional change follows, in correlation to what the constitution means and how constitutional law ... Read more

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  • The Dynamics of Exclusionary Constitutionalism

    Israel as a Jewish and Democratic State

    Series series Hart Studies in Comparative Public Law
    What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? This book provides a unique and detailed examination of the consequences of the 'Jewish and democratic' definition. It explores how the definition affects the internal ordering of the state, the operation of the law, ... Read more

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  • Human Rights and Judicial Review in Australia and Canada

    The Newest Despotism?

    Series series Hart Studies in Comparative Public Law
    It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that ... Read more

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  • Comparative Federalism

    Constitutional Arrangements and Case Law

    Series series Hart Studies in Comparative Public Law
    This is the first comprehensive book that explores the subject of federalism from the perspective of comparative constitutional law, whilst simultaneously placing a strong emphasis on how federal systems work in practice. This focus is reflected in the book's two most innovative elements. First, it analyses from a comparative point of view how government levels exercise their powers and interact ... Read more

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  • Soft Law and Public Authorities

    Remedies and Reform

    by Greg Weeks ...
    Series series Hart Studies in Comparative Public Law
    This book considers the phenomenon of soft law employed by domestic public authorities. Lawyers have long understood that public authorities are able to issue certain communications in a way that causes them to be treated like law, even though these are neither legislation nor subordinate legislation. Importantly for soft law as a regulatory tool, people tend to treat soft law as binding even ... Read more

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  • Understanding Common Law Legislation

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    Many countries use and apply the common law. The common law world largely operates through statutes enacted by a country's democratic legislature. These statutes are drafted and interpreted according to a uniform system of rules, presumptions, principles and canons evolved over centuries by common law judges. In this book, Francis Bennion distills forty years of his prolific writings on statute ... Read more

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  • Confronting the Human Rights Act 1998

    Contemporary themes and perspectives

    Edited by Nicolas Kang-Riou ...
    This book critically examines the Human Rights Act 1998 (HRA) and evaluates its impact from a multi-disciplinary perspective. The book includes both a domestic and international analysis of the effectiveness of the HRA, and also considers possible future developments in policy and practise as well as contemplating the potential for a British Bill of Rights. The editors have collected pieces from ... Read more

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  • Public Law

    by Adam Tomkins ...
    Series series Clarendon Law Series
    Written in the well-established tradition of the Clarendon Law Series, Public Law offers a stimulating re-interpretation of the central themes and problems of English constitutional law. It offers full consideration of the historical development of public law. This book is an introduction that will be especially appealing to the enquiring student who is looking to reflect critically on the ... Read more

    $55.79 USD