Cambridge Studies in Constitutional Law – serie
Visar alla böcker i serien Cambridge Studies in Constitutional Law. Handla med fri frakt och snabb leverans.
88 produkter
Parliamentary Sovereignty
Contemporary Debates
Häftad, 2010
659 kr
Lägg i varukorg
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 …
Parliamentary Sovereignty
Contemporary Debates
Inbunden, 2010
1539 kr
Lägg i varukorg
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 …
Non-Statutory Executive Powers and Judicial Review
Häftad, 2025
428 kr
Lägg i varukorg
That non-statutory executive powers are subject to judicial review is beyond doubt. But current judicial practice challenges prevailing theories of judicial review and raises a host of questions about the nature of official power and action. This is particularly the case for official powers not …
Trust, Courts and Social Rights
A Trust-Based Framework for Social Rights Enforcement
Av David Vitale
Inbunden, 2024
1513 kr
Lägg i varukorg
Trust, Courts and Social Rights proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government or 'political trust'. Interdisciplinary in nature, the book draws on theoretical and empirical scholarship on the concept of trust across …
The Law As a Conversation among Equals
Inbunden, 2022
1648 kr
Lägg i varukorg
In a time of disenchantment with democracy, massive social protests and the 'erosion' of the system of checks and balances, this book proposes to reflect upon the main problems of our constitutional democracies from a particular regulative ideal: that of the conversation among equals. It examines …
The Law As a Conversation among Equals
Häftad, 2023
386 kr
Lägg i varukorg
In a time of disenchantment with democracy, massive social protests and the 'erosion' of the system of checks and balances, this book proposes to reflect upon the main problems of our constitutional democracies from a particular regulative ideal: that of the conversation among equals. It examines …
Micronations and the Search for Sovereignty
Av Harry Hobbs, George Williams
Inbunden, 2022
1753 kr
Lägg i varukorg
Political disagreement is a fact of life. It can prompt people to stand for public office and agitate for political change. Others take a different route; they start their own nation. Micronations and the Search for Sovereignty is the first comprehensive examination of the phenomenon of people …
Hans Kelsen on Constitutional Democracy
Genesis, Theory, Legacies
Av Sandrine Baume, David Ragazzoni
Inbunden, 2026
1738 kr
Lägg i varukorg
This volume challenges conventional interpretations by demonstrating that Hans Kelsen was far from being a purely formalist thinker. Instead, it highlights his profound and enduring engagement with the threats facing constitutional democracies. The political and institutional upheavals of interwar …
A.V. Dicey and the Common Law Constitutional Tradition
A Legal Turn of Mind
Häftad, 2022
463 kr
Lägg i varukorg
In the common law world, Albert Venn Dicey (1835-1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate …
Constitutionalizing the Private Sphere
A Comparative Inquiry
Häftad, 2026
428 kr
Lägg i varukorg
Do private actors have constitutional duties? While traditionally only government actors are responsible for upholding constitutional rights, courts and constitution-makers increasingly do assign constitutional duties to private actors as well. Therefore, a landlord may have constitutional duties …
Constitutionalizing the Private Sphere
A Comparative Inquiry
Inbunden, 2025
1480 kr
Lägg i varukorg
Do private actors have constitutional duties? While traditionally only government actors are responsible for upholding constitutional rights, courts and constitution-makers increasingly do assign constitutional duties to private actors as well. Therefore, a landlord may have constitutional duties …
Alter-Native Constitutionalism
Common-ing 'Common' Law, Transforming Property in South Africa
Inbunden, 2026
1738 kr
Lägg i varukorg
South Africa presents the perplexing paradox of arguably having the most progressive Constitution in the world, marked by full-throated socio-economic rights protection, while also being one of the most unequal countries in the world. This book takes seriously increasing sociopolitical challenges …
Courts in the Age of Polarization
Supreme and Constitutional Courts in Politically Divided Societies
Av Iddo Porat, Moshe Cohen-Eliya
Inbunden, 2026
1623 kr
Kommande
This book offers the first comprehensive comparative study of how political polarization reshapes the role and functioning of supreme and constitutional courts. Drawing on case studies from the United States, the United Kingdom, Brazil, India, Israel, Germany, Spain, and other jurisdictions, it …
Beyond Expropriation Without Compensation
Law, Land Reform and Redistributive Justice in South Africa
Av Olaf Zenker, Cherryl Walker m. fl.
Inbunden, 2024
1513 kr
Lägg i varukorg
Speeding up land reform through a constitutional amendment that would explicitly permit the expropriation of land without compensation has dominated legal and political-policy debates in South Africa in recent years. Taking this politically and emotionally charged issue as its starting point, this …
Militant Rule of Law
Legal Imperfection and What To Do About It
Häftad, 2026
581 kr
Lägg i varukorg
Prevention of an erosion of the rule of law is of utmost importance for democracy, because once autocratization begins, only one in five democracies manage to avert breakdown. This book offers a means of protecting the rule of law and counteracting its misuse for illiberal purpose. It analyses …
Militant Rule of Law
Legal Imperfection and What To Do About It
Inbunden, 2026
1875 kr
Lägg i varukorg
Prevention of an erosion of the rule of law is of utmost importance for democracy, because once autocratization begins, only one in five democracies manage to avert breakdown. This book offers a means of protecting the rule of law and counteracting its misuse for illiberal purpose. It analyses …
The Failures of Others
Justifying Institutional Expansion in Comparative Public and International Law
Inbunden, 2026
1554 kr
Lägg i varukorg
Arguments from failure - arguments that an institution must expand its powers because another institution is failing in some way 'to do its job' - are commonplace. From structural reform litigation, where courts sometimes assume administrative or legislative functions, to the Uniting for Peace …
Judging for Democracy
Principles and Strategies in Hybrid Regimes
Av Julius Yam
Häftad, 2026
456 kr
Lägg i varukorg
This book examines how constitutional courts can sustainably contribute to advancing democratic norms in hybrid regimes, i.e. regimes that are neither fully democratic nor fully authoritarian. Using a comparative approach analysing cases from across the globe, particularly from Hong Kong, Pakistan, …
Judging for Democracy
Principles and Strategies in Hybrid Regimes
Av Julius Yam
Inbunden, 2026
1588 kr
Lägg i varukorg
This book examines how constitutional courts can sustainably contribute to advancing democratic norms in hybrid regimes, i.e. regimes that are neither fully democratic nor fully authoritarian. Using a comparative approach analysing cases from across the globe, particularly from Hong Kong, Pakistan, …
The Anti-Nazi Origins of Militant Democracy
Germany's Constitutional Tribunes
Av Samuel Miner
Inbunden, 2026
1817 kr
Kommande
This book examines a group of mostly Social Democratic resisters and emigres whose biographies from the Nazi seizure of power until the defeat and occupation of Germany caused a radical change in the constitutional politics of postwar West Germany. Most notably, they embraced the idea of a …
The Anti-Nazi Origins of Militant Democracy
Germany's Constitutional Tribunes
Av Samuel Miner
Häftad, 2026
401 kr
Kommande
This book examines a group of mostly Social Democratic resisters and emigres whose biographies from the Nazi seizure of power until the defeat and occupation of Germany caused a radical change in the constitutional politics of postwar West Germany. Most notably, they embraced the idea of a …
Judging Social Rights
Av Jeff King
Inbunden, 2012
1093 kr
Lägg i varukorg
Countries that now contemplate constitutional reform often grapple with the question of whether to constitutionalise social rights. This book presents an argument for why, under the right conditions, doing so can be a good way to advance social justice. In making such a case, the author considers …
Proportionality
Constitutional Rights and their Limitations
Av Aharon Barak
Inbunden, 2012
1528 kr
Lägg i varukorg
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 …
The New Commonwealth Model of Constitutionalism
Theory and Practice
Inbunden, 2013
1648 kr
Lägg i varukorg
Stephen Gardbaum argues that recent bills of rights in Canada, New Zealand, the United Kingdom and Australia are an experiment in a new third way of organizing basic institutional arrangements in a democracy. This 'new Commonwealth model of constitutionalism' promises both an alternative to the …
The Politics of Principle
The First South African Constitutional Court, 1995-2005
Av Theunis Roux
Inbunden, 2013
1183 kr
Lägg i varukorg
Under its first chief justice, Arthur Chaskalson, the South African Constitutional Court built an unrivalled reputation in the comparative constitutional law community for technically accomplished and morally enlightened decision-making. At the same time, the Court proved remarkably effective in …
Judges on Trial
The Independence and Accountability of the English Judiciary
Av Shimon Shetreet, Sophie Turenne
Inbunden, 2013
1558 kr
Lägg i varukorg
The second edition of Judges on Trial articulates the rules, assumptions and practices which shape the culture of independence of the English judiciary today. Enhanced by interviews with English judges, legal scholars and professionals, it also outlines the factors that shape the modern meaning of …
Proportionality and Constitutional Culture
Av Moshe Cohen-Eliya, Iddo Porat
Inbunden, 2013
1168 kr
Lägg i varukorg
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 …
Searching for the State in British Legal Thought
Competing Conceptions of the Public Sphere
Av Janet McLean
Inbunden, 2012
1612 kr
Lägg i varukorg
Janet McLean explores how the common law has personified the state and how those personifications affect and reflect the state's relationship to bureaucracy, sovereignty and civil society, the development of public law norms, the expansion and contraction of the public sphere with nationalization …
A.V. Dicey and the Common Law Constitutional Tradition
A Legal Turn of Mind
Inbunden, 2020
1648 kr
Lägg i varukorg
In the common law world, Albert Venn Dicey (1835-1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate …
Bills of Rights in the Common Law
Inbunden, 2015
1573 kr
Lägg i varukorg
Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected the 'how'. Adopting an internal legal perspective, Robert Leckey addresses that gap by reporting on the processes and activities of judges of the …
