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78 produkter

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78 produkter

Constitutional Amendments
Making, Breaking, and Changing Constitutions
AvRichard Albert
Inbunden, Engelska, 2019
1 787 kr
Skickas inom 5-8 vardagar
Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.
Constitutional Amendments
Making, Breaking, and Changing Constitutions
AvRichard Albert
E-bok
PDF, Engelska, 2019
1 139 kr
Läs direkt efter köp
Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.
Constitutional Amendments
Making, Breaking, and Changing Constitutions
AvRichard Albert
E-bok
Engelska, 2019
1 139 kr
Läs direkt efter köp
Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.
Oxford Handbook of Caribbean Constitutions
AvSe-shauna Wheatle,Derek O'Brienm. fl.
E-bok
PDF, Engelska, 2020
2 030 kr
Läs direkt efter köp
The Oxford Handbook of Caribbean Constitutions offers a detailed and analytical view of the constitutions of the Caribbean region, examining the constitutional development of its diverse countries. The Handbook explains the features of the region''s constitutions and examines themes emerging from the Caribbean''s experience with constitutional interpretation and reform.Beginning with a Foreword from the former President of the Caribbean Court of Justice and an Introduction by the lead editor, Richard Albert, the remainder of the book is divided into four parts. Part I, ''Caribbean Constitutions in the World'', highlights what is distinctive about the constitutions of the Caribbean. Part II covers the constitutions of the Caribbean in detail, offering a rich analysis of the constitutional history, design, controversies, and future challenges in each country or group of countries. Each chapter in this section addresses topics such as the impact of key historical and political events on the constitutional landscape for the jurisdiction, a systematic account of the interaction between the legislature and the executive, the civil service, the electoral system, and the independence of the judiciary.Part III addresses fundamental rights debates and developments in the region, including the death penalty and socio-economic rights. Finally, Part IV features critical reflections on the challenges and prospects for the region, including the work of the Caribbean Court of Justice and the future of constitutional reform.This is the first book of its kind, bringing together in a single volume a comprehensive review of the constitutional development of the entire Caribbean region, from the Bahamas in the north to Guyana and Suriname in South America, and all the islands in between. While written in English, the book embraces the linguistic and cultural diversity of the region, and covers the Anglophone Caribbean as well as the Spanish-, French-, and Dutch-speaking Caribbean countries.
Oxford Handbook of Caribbean Constitutions
AvSe-shauna Wheatle,Derek O'Brienm. fl.
E-bok
Engelska, 2020
2 030 kr
Läs direkt efter köp
The Oxford Handbook of Caribbean Constitutions offers a detailed and analytical view of the constitutions of the Caribbean region, examining the constitutional development of its diverse countries. The Handbook explains the features of the region''s constitutions and examines themes emerging from the Caribbean''s experience with constitutional interpretation and reform.Beginning with a Foreword from the former President of the Caribbean Court of Justice and an Introduction by the lead editor, Richard Albert, the remainder of the book is divided into four parts. Part I, ''Caribbean Constitutions in the World'', highlights what is distinctive about the constitutions of the Caribbean. Part II covers the constitutions of the Caribbean in detail, offering a rich analysis of the constitutional history, design, controversies, and future challenges in each country or group of countries. Each chapter in this section addresses topics such as the impact of key historical and political events on the constitutional landscape for the jurisdiction, a systematic account of the interaction between the legislature and the executive, the civil service, the electoral system, and the independence of the judiciary.Part III addresses fundamental rights debates and developments in the region, including the death penalty and socio-economic rights. Finally, Part IV features critical reflections on the challenges and prospects for the region, including the work of the Caribbean Court of Justice and the future of constitutional reform.This is the first book of its kind, bringing together in a single volume a comprehensive review of the constitutional development of the entire Caribbean region, from the Bahamas in the north to Guyana and Suriname in South America, and all the islands in between. While written in English, the book embraces the linguistic and cultural diversity of the region, and covers the Anglophone Caribbean as well as the Spanish-, French-, and Dutch-speaking Caribbean countries.
Limits and Legitimacy of Referendums
AvRichard Stacey,Richard Albert
E-bok
PDF, Engelska, 2022
1 258 kr
Läs direkt efter köp
The possibility of democracy-enhancing uses and anti-democratic abuses of referendums reveals a paradox: mechanisms of democracy can be exploited to do violence to the basic principles of democracy. The Limits and Legitimacy of Referendums seeks to identify standards we might use to assess the democratic legitimacy of a referendum when we cannot rely on the norms of traditional liberal democracy.This innovative book explores how referendums manage the tension between liberalism and democracy, and whether this device holds promise for reconciling these two commitments. A range of scholars from around the world expose how referendums may be abused on one hand to achieve short-term political or even personal gains, and how, on the other, they may aspire to reflect the best traditions of deliberative, innovative, democracy-enhancing popular decision-making.Structured around three big questions, this book seeks to identify what makes a referendum legitimate. First, why have referendums on issues of fundamental political importance become so frequent around the world? Second, who are - or who should be - the people that make decisions about a political community''s future? And third, are referendums an effective and reliable mechanism of popular sovereignty or democratic choice?These essays - written for scholars, public lawyers, political actors and citizens - bring together diverse perspectives on referendums, constitutionalism, liberalism and democracy in ways that challenge the conventional wisdom, prompt new answers to enduring questions, and urge reconsideration of how we evaluate the legitimacy of referendums.
Limits and Legitimacy of Referendums
AvRichard Stacey,Richard Albert
E-bok
Engelska, 2022
1 258 kr
Läs direkt efter köp
The possibility of democracy-enhancing uses and anti-democratic abuses of referendums reveals a paradox: mechanisms of democracy can be exploited to do violence to the basic principles of democracy. The Limits and Legitimacy of Referendums seeks to identify standards we might use to assess the democratic legitimacy of a referendum when we cannot rely on the norms of traditional liberal democracy.This innovative book explores how referendums manage the tension between liberalism and democracy, and whether this device holds promise for reconciling these two commitments. A range of scholars from around the world expose how referendums may be abused on one hand to achieve short-term political or even personal gains, and how, on the other, they may aspire to reflect the best traditions of deliberative, innovative, democracy-enhancing popular decision-making.Structured around three big questions, this book seeks to identify what makes a referendum legitimate. First, why have referendums on issues of fundamental political importance become so frequent around the world? Second, who are - or who should be - the people that make decisions about a political community''s future? And third, are referendums an effective and reliable mechanism of popular sovereignty or democratic choice?These essays - written for scholars, public lawyers, political actors and citizens - bring together diverse perspectives on referendums, constitutionalism, liberalism and democracy in ways that challenge the conventional wisdom, prompt new answers to enduring questions, and urge reconsideration of how we evaluate the legitimacy of referendums.
The Oxford Handbook of Caribbean Constitutions
AvAlbert Et Al,Richard Albertm. fl.
Inbunden, Engelska, 2020
2 573 kr
Skickas inom 5-8 vardagar
The Oxford Handbook of Caribbean Constitutions offers a detailed and analytical view of the constitutions of the Caribbean region, examining the constitutional development of its diverse countries. The Handbook explains the features of the region's constitutions and examines themes emerging from the Caribbean's experience with constitutional interpretation and reform.Beginning with a Foreword from the former President of the Caribbean Court of Justice and an Introduction by the lead editor, Richard Albert, the remainder of the book is divided into four parts. Part I, 'Caribbean Constitutions in the World', highlights what is distinctive about the constitutions of the Caribbean. Part II covers the constitutions of the Caribbean in detail, offering a rich analysis of the constitutional history, design, controversies, and future challenges in each country or group of countries. Each chapter in this section addresses topics such as the impact of key historical and political events on the constitutional landscape for the jurisdiction, a systematic account of the interaction between the legislature and the executive, the civil service, the electoral system, and the independence of the judiciary.Part III addresses fundamental rights debates and developments in the region, including the death penalty and socio-economic rights. Finally, Part IV features critical reflections on the challenges and prospects for the region, including the work of the Caribbean Court of Justice and the future of constitutional reform.This is the first book of its kind, bringing together in a single volume a comprehensive review of the constitutional development of the entire Caribbean region, from the Bahamas in the north to Guyana and Suriname in South America, and all the islands in between. While written in English, the book embraces the linguistic and cultural diversity of the region, and covers the Anglophone Caribbean as well as the Spanish-, French-, and Dutch-speaking Caribbean countries.
The Limits and Legitimacy of Referendums
AvRichard Albert,Richard Stacey
Inbunden, Engelska, 2022
1 418 kr
Skickas inom 5-8 vardagar
The possibility of democracy-enhancing uses and anti-democratic abuses of referendums reveals a paradox: mechanisms of democracy can be exploited to do violence to the basic principles of democracy. The Limits and Legitimacy of Referendums seeks to identify standards we might use to assess the democratic legitimacy of a referendum when we cannot rely on the norms of traditional liberal democracy.This innovative book explores how referendums manage the tension between liberalism and democracy, and whether this device holds promise for reconciling these two commitments. A range of scholars from around the world expose how referendums may be abused on one hand to achieve short-term political or even personal gains, and how, on the other, they may aspire to reflect the best traditions of deliberative, innovative, democracy-enhancing popular decision-making.Structured around three big questions, this book seeks to identify what makes a referendum legitimate. First, why have referendums on issues of fundamental political importance become so frequent around the world? Second, who are - or who should be - the people that make decisions about a political community's future? And third, are referendums an effective and reliable mechanism of popular sovereignty or democratic choice?These essays - written for scholars, public lawyers, political actors and citizens - bring together diverse perspectives on referendums, constitutionalism, liberalism and democracy in ways that challenge the conventional wisdom, prompt new answers to enduring questions, and urge reconsideration of how we evaluate the legitimacy of referendums.
Written Constitution for Quebec?
AvRichard Albert,Léonid Sirota
Inbunden, Engelska, 2023
1 121 kr
Skickas inom 5-8 vardagar
No province in Canada has codified a written constitution, and whether Quebec should be the first remains a controversial question. A Written Constitution for Quebec? enters into the debate, drawing a roadmap through the legal, political, and constitutional terrain of the issue. Leading scholars each take their own position in the debate, examining the issue from various sides and exploring the forms and limits of a codified Quebec constitution by asking whether Quebec should adopt a written constitution, how the province might go about it, and what such a document might achieve. Along with a comprehensive introduction to constitutional codification and how it relates to Quebec, the book opens with a proposal for a written constitution, with the analyses that follow expressing a diversity of views on the feasibility and desirability of a written constitution for the province. An array of perspectives through the lenses of Indigenous inclusion and reconciliation, interculturalism and democratic constitutionalism, and insights from other federal and plurinational states – are included in this wide-ranging volume. Taking a doctrinal, historical, theoretical, and comparative approach, A Written Constitution for Quebec? extensively addresses Quebec's constitutional future in Canada.
Written Constitution for Quebec?
AvLeonid Sirota,Richard Albert
E-bok
PDF, Engelska, 2023
1 079 kr
Läs direkt efter köp
No province in Canada has codified a written constitution, and whether Quebec should be the first remains a controversial question. A Written Constitution for Quebec? enters into the debate, drawing a roadmap through the legal, political, and constitutional terrain of the issue. Leading scholars each take their own position in the debate, examining the issue from various sides and exploring the forms and limits of a codified Quebec constitution by asking whether Quebec should adopt a written constitution, how the province might go about it, and what such a document might achieve. Along with a comprehensive introduction to constitutional codification and how it relates to Quebec, the book opens with a proposal for a written constitution, with the analyses that follow expressing a diversity of views on the feasibility and desirability of a written constitution for the province. An array of perspectives through the lenses of Indigenous inclusion and reconciliation, interculturalism and democratic constitutionalism, and insights from other federal and plurinational states – are included in this wide-ranging volume. Taking a doctrinal, historical, theoretical, and comparative approach, A Written Constitution for Quebec? extensively addresses Quebec’s constitutional future in Canada.
Written Constitution for Quebec?
AvLeonid Sirota,Richard Albert
E-bok
Engelska, 2023
1 079 kr
Läs direkt efter köp
No province in Canada has codified a written constitution, and whether Quebec should be the first remains a controversial question. A Written Constitution for Quebec? enters into the debate, drawing a roadmap through the legal, political, and constitutional terrain of the issue. Leading scholars each take their own position in the debate, examining the issue from various sides and exploring the forms and limits of a codified Quebec constitution by asking whether Quebec should adopt a written constitution, how the province might go about it, and what such a document might achieve. Along with a comprehensive introduction to constitutional codification and how it relates to Quebec, the book opens with a proposal for a written constitution, with the analyses that follow expressing a diversity of views on the feasibility and desirability of a written constitution for the province. An array of perspectives through the lenses of Indigenous inclusion and reconciliation, interculturalism and democratic constitutionalism, and insights from other federal and plurinational states – are included in this wide-ranging volume. Taking a doctrinal, historical, theoretical, and comparative approach, A Written Constitution for Quebec? extensively addresses Quebec’s constitutional future in Canada.
Del 18 - McGill-Queen's Studies in Urban Governance
Cities and the Constitution
Giving Local Governments in Canada the Power They Need
AvAlexandra Flynn,Richard Albertm. fl.
Häftad, Engelska, 2024
399 kr
Skickas inom 5-8 vardagar
Canada’s largest cities have faced exponential growth, with the trajectory rising further still. Due to their high density, cities are the primary sites for opportunities in economic prosperity, green innovation, and cultural activity, and also for critical challenges in homelessness and extreme poverty, air pollution, Indigenous-municipal relationship-building, racial injustice, and transportation gridlock. While city governments are at the forefront of mitigating the challenges of urban life, they are given insufficient power to effectively attend to public needs.Cities and the Constitution confronts the misalignment between the importance of municipalities and their constitutional status. While our constitution is often considered a living document, Canada has one of the most complicated amending formulas in the world, making change very difficult. Cities are thus constitutionally vulnerable to unilateral provincial action and reliant on other levels of government for funding. Could municipal power be reimagined without disrupting the existing constitutional structure, or could the Constitution be reformed to designate cities a distinct tier of government? Among other novel proposals, this groundbreaking volume explores the idea of recognizing municipalities in provincial constitutions.The first volume of a complementary pair, authored by renowned Canadian legal and urban studies scholars, Cities and the Constitution suggests contemporary solutions to one of our most pressing policy dilemmas.
Cities and the Constitution
Giving Local Governments in Canada the Power They Need
AvNathalie Des Rosiers,Richard Albertm. fl.
E-bok
PDF, Engelska, 2024
463 kr
Läs direkt efter köp
Canada’s largest cities have faced exponential growth, with the trajectory rising further still. Due to their high density, cities are the primary sites for opportunities in economic prosperity, green innovation, and cultural activity, and also for critical challenges in homelessness and extreme poverty, air pollution, Indigenous-municipal relationship-building, racial injustice, and transportation gridlock. While city governments are at the forefront of mitigating the challenges of urban life, they are given insufficient power to effectively attend to public needs.
Cities and the Constitution confronts the misalignment between the importance of municipalities and their constitutional status. While our constitution is often considered a living document, Canada has one of the most complicated amending formulas in the world, making change very difficult. Cities are thus constitutionally vulnerable to unilateral provincial action and reliant on other levels of government for funding. Could municipal power be reimagined without disrupting the existing constitutional structure, or could the Constitution be reformed to designate cities a distinct tier of government? Among other novel proposals, this groundbreaking volume explores the idea of recognizing municipalities in provincial constitutions.
The first volume of a complementary pair, authored by renowned Canadian legal and urban studies scholars, Cities and the Constitution suggests contemporary solutions to one of our most pressing policy dilemmas.
Cities and the Constitution
Giving Local Governments in Canada the Power They Need
AvNathalie Des Rosiers,Richard Albertm. fl.
E-bok
Engelska, 2024
463 kr
Läs direkt efter köp
Canada’s largest cities have faced exponential growth, with the trajectory rising further still. Due to their high density, cities are the primary sites for opportunities in economic prosperity, green innovation, and cultural activity, and also for critical challenges in homelessness and extreme poverty, air pollution, Indigenous-municipal relationship-building, racial injustice, and transportation gridlock. While city governments are at the forefront of mitigating the challenges of urban life, they are given insufficient power to effectively attend to public needs.
Cities and the Constitution confronts the misalignment between the importance of municipalities and their constitutional status. While our constitution is often considered a living document, Canada has one of the most complicated amending formulas in the world, making change very difficult. Cities are thus constitutionally vulnerable to unilateral provincial action and reliant on other levels of government for funding. Could municipal power be reimagined without disrupting the existing constitutional structure, or could the Constitution be reformed to designate cities a distinct tier of government? Among other novel proposals, this groundbreaking volume explores the idea of recognizing municipalities in provincial constitutions.
The first volume of a complementary pair, authored by renowned Canadian legal and urban studies scholars, Cities and the Constitution suggests contemporary solutions to one of our most pressing policy dilemmas.
Del 19 - McGill-Queen's Studies in Urban Governance
Past, Present, and Future of Canadian Cities
Where the Law Went Wrong and How We Can Fix It
AvAlexandra Flynn,Richard Albertm. fl.
Häftad, Engelska, 2024
399 kr
Skickas inom 5-8 vardagar
In 1861, just a few years before Confederation, 84 per cent of Canadians lived in rural areas; today, it’s less than 20 per cent. Our municipal governments are asked to do more for their citizens than ever before, yet they must confront myriad challenges – from the public health pandemic to the housing crisis – without the tools they need. They have no constitutional protection from jurisdictional overstepping by provincial governments and no assurance that they will be able to complete any effort they undertake.The Past, Present, and Future of Canadian Cities explores the historical functions of municipalities, their current ability to tackle major problems, and what the future holds for shifting legal and political powers. This volume examines how pre-Confederation cities came to have their current constitutional and legislative forms; how current local governments make decisions within existing legal parameters, highlighting Indigenous-municipal relationships and emergency management; and, finally, looks to the world to investigate future innovation in municipal governance.The Past, Present, and Future of Canadian Cities makes the case that constitutional concepts must be repurposed to support the transition from nation-building to city-building in a global context.
Past, Present, and Future of Canadian Cities
Where the Law Went Wrong and How We Can Fix It
AvNathalie Des Rosiers,Richard Albertm. fl.
E-bok
PDF, Engelska, 2024
458 kr
Läs direkt efter köp
In 1861, just a few years before Confederation, 84 per cent of Canadians lived in rural areas; today, it’s less than 20 per cent. Our municipal governments are asked to do more for their citizens than ever before, yet they must confront myriad challenges – from the public health pandemic to the housing crisis – without the tools they need. They have no constitutional protection from jurisdictional overstepping by provincial governments and no assurance that they will be able to complete any effort they undertake.
The Past, Present, and Future of Canadian Cities explores the historical functions of municipalities, their current ability to tackle major problems, and what the future holds for shifting legal and political powers. This volume examines how pre-Confederation cities came to have their current constitutional and legislative forms; how current local governments make decisions within existing legal parameters, highlighting Indigenous-municipal relationships and emergency management; and, finally, looks to the world to investigate future innovation in municipal governance.
The Past, Present, and Future of Canadian Cities makes the case that constitutional concepts must be repurposed to support the transition from nation-building to city-building in a global context.
Past, Present, and Future of Canadian Cities
Where the Law Went Wrong and How We Can Fix It
AvNathalie Des Rosiers,Richard Albertm. fl.
E-bok
Engelska, 2024
463 kr
Läs direkt efter köp
In 1861, just a few years before Confederation, 84 per cent of Canadians lived in rural areas; today, it’s less than 20 per cent. Our municipal governments are asked to do more for their citizens than ever before, yet they must confront myriad challenges – from the public health pandemic to the housing crisis – without the tools they need. They have no constitutional protection from jurisdictional overstepping by provincial governments and no assurance that they will be able to complete any effort they undertake.
The Past, Present, and Future of Canadian Cities explores the historical functions of municipalities, their current ability to tackle major problems, and what the future holds for shifting legal and political powers. This volume examines how pre-Confederation cities came to have their current constitutional and legislative forms; how current local governments make decisions within existing legal parameters, highlighting Indigenous-municipal relationships and emergency management; and, finally, looks to the world to investigate future innovation in municipal governance.
The Past, Present, and Future of Canadian Cities makes the case that constitutional concepts must be repurposed to support the transition from nation-building to city-building in a global context.
Law and Legitimacy of Imposed Constitutions
AvRichard Albert,Xenophon Contiadesm. fl.
Häftad, Engelska, 2020
626 kr
Skickas inom 10-15 vardagar
Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution.This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level.This book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making. The volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.
Quasi-Constitutionality and Constitutional Statutes
Forms, Functions, Applications
AvRichard Albert,Joel Colón-Ríos
Häftad, Engelska, 2020
652 kr
Skickas inom 10-15 vardagar
This book examines the interstices among statutory enactment, constitutional convention and formal constitution in which quasi-constitutionality exists. It provides a focal resource that can serve as a point of reference for scholars interested in quasi-constitutionality as a whole, from national and transnational perspectives, expanding on its many forms, functions, and applications with recourse to comparative insights. The book is divided in three main Parts, each of them preceded by a separate critical introduction in which an informed scholar contextualizes the chapters and offers reflections on the themes they develop. The first Part, titled 'Forms', is composed of chapters that address, from a theoretical and comparative perspective, questions related to the recognition of constitutional statutes and quasi-constitutional legislation. The second Part is titled 'Functions', and contains chapters that explore the explanatory power of quasi-constitutionality in different institutional contexts. The third Part, titled 'Applications', considers the ways in which constitutional statutes and quasi-constitutionality operate in relation to particular tensions and debates present in various jurisdictions.
Quasi-Constitutionality and Constitutional Statutes
Forms, Functions, Applications
AvRichard Albert,Joel Colón-Ríos
Inbunden, Engelska, 2019
2 273 kr
Skickas inom 10-15 vardagar
This book examines the interstices among statutory enactment, constitutional convention and formal constitution in which quasi-constitutionality exists. It provides a focal resource that can serve as a point of reference for scholars interested in quasi-constitutionality as a whole, from national and transnational perspectives, expanding on its many forms, functions, and applications with recourse to comparative insights. The book is divided in three main Parts, each of them preceded by a separate critical introduction in which an informed scholar contextualizes the chapters and offers reflections on the themes they develop. The first Part, titled 'Forms', is composed of chapters that address, from a theoretical and comparative perspective, questions related to the recognition of constitutional statutes and quasi-constitutional legislation. The second Part is titled 'Functions', and contains chapters that explore the explanatory power of quasi-constitutionality in different institutional contexts. The third Part, titled 'Applications', considers the ways in which constitutional statutes and quasi-constitutionality operate in relation to particular tensions and debates present in various jurisdictions.
Amending America's Unwritten Constitution
AvYaniv Roznai,Ryan C. Williamsm. fl.
E-bok
Engelska, 2022
1 350 kr
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It is well known that the US Constitution has been amended twenty-seven times since its creation in 1787, but that number does not reflect the true extent of constitutional change in America. Although the Constitution is globally recognized as a written text, it consists also of unwritten rules and principles that are just as important, such as precedents, customs, traditions, norms, presuppositions, and more. These, too, have been amended, but how does that process work? In this book, leading scholars of law, history, philosophy, and political science consider the many theoretical, conceptual, and practical dimensions of what it means to amend America''s ''unwritten Constitution'': how to change the rules, who may legitimately do it, why leaders may find it politically expedient to enact written instead of unwritten amendments, and whether anything is lost by changing the constitution without a codified constitutional amendment.
Amending America's Unwritten Constitution
AvRichard Albert,Ryan C. Williamsm. fl.
Inbunden, Engelska, 2022
1 154 kr
Skickas inom 5-8 vardagar
It is well known that the US Constitution has been amended twenty-seven times since its creation in 1787, but that number does not reflect the true extent of constitutional change in America. Although the Constitution is globally recognized as a written text, it consists also of unwritten rules and principles that are just as important, such as precedents, customs, traditions, norms, presuppositions, and more. These, too, have been amended, but how does that process work? In this book, leading scholars of law, history, philosophy, and political science consider the many theoretical, conceptual, and practical dimensions of what it means to amend America's 'unwritten Constitution': how to change the rules, who may legitimately do it, why leaders may find it politically expedient to enact written instead of unwritten amendments, and whether anything is lost by changing the constitution without a codified constitutional amendment.
Amending America's Unwritten Constitution
AvYaniv Roznai,Ryan C. Williamsm. fl.
E-bok
PDF, Engelska, 2022
1 350 kr
Läs direkt efter köp
It is well known that the US Constitution has been amended twenty-seven times since its creation in 1787, but that number does not reflect the true extent of constitutional change in America. Although the Constitution is globally recognized as a written text, it consists also of unwritten rules and principles that are just as important, such as precedents, customs, traditions, norms, presuppositions, and more. These, too, have been amended, but how does that process work? In this book, leading scholars of law, history, philosophy, and political science consider the many theoretical, conceptual, and practical dimensions of what it means to amend America''s ''unwritten Constitution'': how to change the rules, who may legitimately do it, why leaders may find it politically expedient to enact written instead of unwritten amendments, and whether anything is lost by changing the constitution without a codified constitutional amendment.
Nyhet
Comparative Constitutional Reform in Latin America
AvRichard Albert
Inbunden, Engelska, 2026
2 544 kr
Skickas inom 10-15 vardagar
Some constitutional amendments are not really amendments. They are transformative constitutional reforms that reject the essential characteristics of the constitution and destroy its foundations. These constitutional dismemberments demolish the basic structure of the constitution while at the same time building a new foundation rooted in principles contrary to the old. Latin America has been particularly susceptible to constitutional dismemberments. This book draws from law, history, and politics both to demonstrate that Latin American constitutions have been the target of constitutional dismemberment and to explain the social and political forces behind these transformative reforms as well as their consequences. The outstanding contributors to this volume apply the concept of constitutional dismemberment systematically across the region in some of the world’s most fascinating jurisdictions for the study of constitutional change: Argentina, Brazil, Chile, Colombia, Cuba, Ecuador, El Salvador, Mexico, Peru, and Venezuela. The jurisdictions chosen are among the ones in the region whose constitutions have been most reformed by both proper and improper means. In addition, many of these jurisdictions have been largely neglected in the English language literature on constitutional change. This collection therefore seeks both to remedy this deficiency and, as a consequence, to encourage others to account for them and other little-known constitutions as comparators in their own comparative studies. As such, Comparative Constitutional Reform in Latin America is an invaluable resource for researchers, academics, and policymakers in the areas of constitutional law and politics, legal theory, and public law.
Comparative Constitutional Reform in Latin America
AvRichard Albert
E-bok
PDF, Engelska, 2026
850 kr
Kommande
Some constitutional amendments are not really amendments. They are transformative constitutional reforms that reject the essential characteristics of the constitution and destroy its foundations. These constitutional dismemberments demolish the basic structure of the constitution while at the same time building a new foundation rooted in principles contrary to the old. Latin America has been particularly susceptible to constitutional dismemberments. This book draws from law, history, and politics both to demonstrate that Latin American constitutions have been the target of constitutional dismemberment and to explain the social and political forces behind these transformative reforms as well as their consequences. The outstanding contributors to this volume apply the concept of constitutional dismemberment systematically across the region in some of the world's most fascinating jurisdictions for the study of constitutional change: Argentina, Brazil, Chile, Colombia, Cuba, Ecuador, El Salvador, Mexico, Peru, and Venezuela. The jurisdictions chosen are among the ones in the region whose constitutions have been most reformed by both proper and improper means. In addition, many of these jurisdictions have been largely neglected in the English language literature on constitutional change. This collection therefore seeks both to remedy this deficiency and, as a consequence, to encourage others to account for them and other little-known constitutions as comparators in their own comparative studies. As such, Comparative Constitutional Reform in Latin America is an invaluable resource for researchers, academics, and policymakers in the areas of constitutional law and politics, legal theory, and public law.
Comparative Constitutional Reform in Latin America
AvRichard Albert
E-bok
Engelska, 2026
660 kr
Kommande
Some constitutional amendments are not really amendments. They are transformative constitutional reforms that reject the essential characteristics of the constitution and destroy its foundations. These constitutional dismemberments demolish the basic structure of the constitution while at the same time building a new foundation rooted in principles contrary to the old. Latin America has been particularly susceptible to constitutional dismemberments. This book draws from law, history, and politics both to demonstrate that Latin American constitutions have been the target of constitutional dismemberment and to explain the social and political forces behind these transformative reforms as well as their consequences. The outstanding contributors to this volume apply the concept of constitutional dismemberment systematically across the region in some of the world's most fascinating jurisdictions for the study of constitutional change: Argentina, Brazil, Chile, Colombia, Cuba, Ecuador, El Salvador, Mexico, Peru, and Venezuela. The jurisdictions chosen are among the ones in the region whose constitutions have been most reformed by both proper and improper means. In addition, many of these jurisdictions have been largely neglected in the English language literature on constitutional change. This collection therefore seeks both to remedy this deficiency and, as a consequence, to encourage others to account for them and other little-known constitutions as comparators in their own comparative studies. As such, Comparative Constitutional Reform in Latin America is an invaluable resource for researchers, academics, and policymakers in the areas of constitutional law and politics, legal theory, and public law.
Canada in the World
Comparative Perspectives on the Canadian Constitution
AvRichard Albert,David R. Cameron
Häftad, Engelska, 2018
580 kr
Skickas inom 5-8 vardagar
In this volume marking the Sesquicentennial of Confederation in Canada, leading scholars and jurists discuss the evolution of the Canadian Constitution since the British North America Act 1867; the role of the Supreme Court in interpreting the Constitution as a 'living tree' capable of application to new legal issues; and the growing influence of both the Constitution, with its entrenched Charter of Rights and Freedoms, and the decisions of the Court on other constitutional courts dealing with a wide range of issues pertaining to human rights and democratic government. The contributors assess how the Canadian Constitution accommodates the cultural diversity of the country's territories and peoples while ensuring the universal applicability of its provisions; the role of the Court in interpreting and applying the Constitution; and the growing global influence of the Constitution and decisions of the Court on legislatures and courts in other countries.
Canada in the World
Comparative Perspectives on the Canadian Constitution
AvRichard Albert,David R. Cameron
Inbunden, Engelska, 2017
1 864 kr
Skickas inom 5-8 vardagar
In this volume marking the Sesquicentennial of Confederation in Canada, leading scholars and jurists discuss the evolution of the Canadian Constitution since the British North America Act 1867; the role of the Supreme Court in interpreting the Constitution as a 'living tree' capable of application to new legal issues; and the growing influence of both the Constitution, with its entrenched Charter of Rights and Freedoms, and the decisions of the Court on other constitutional courts dealing with a wide range of issues pertaining to human rights and democratic government. The contributors assess how the Canadian Constitution accommodates the cultural diversity of the country's territories and peoples while ensuring the universal applicability of its provisions; the role of the Court in interpreting and applying the Constitution; and the growing global influence of the Constitution and decisions of the Court on legislatures and courts in other countries.
Law and Legitimacy of Imposed Constitutions
AvRichard Albert,Xenophon Contiadesm. fl.
Inbunden, Engelska, 2018
2 273 kr
Skickas inom 10-15 vardagar
Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution.This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level.This book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making. The volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.

Richard Albert – författare

Constitutional Amendments

Constitutional Amendments

Constitutional Amendments

Oxford Handbook of Caribbean Constitutions

Oxford Handbook of Caribbean Constitutions

Limits and Legitimacy of Referendums

Limits and Legitimacy of Referendums

The Oxford Handbook of Caribbean Constitutions

The Limits and Legitimacy of Referendums

Written Constitution for Quebec?

Written Constitution for Quebec?

Written Constitution for Quebec?

Cities and the Constitution

Cities and the Constitution

Cities and the Constitution

Past, Present, and Future of Canadian Cities

Past, Present, and Future of Canadian Cities

Past, Present, and Future of Canadian Cities

Law and Legitimacy of Imposed Constitutions

Quasi-Constitutionality and Constitutional Statutes

Quasi-Constitutionality and Constitutional Statutes

Amending America's Unwritten Constitution

Amending America's Unwritten Constitution

Amending America's Unwritten Constitution

Comparative Constitutional Reform in Latin America

Comparative Constitutional Reform in Latin America

Comparative Constitutional Reform in Latin America

Canada in the World

Canada in the World

Law and Legitimacy of Imposed Constitutions