Hart Studies in Constitutional Theory – serie

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41 produkter

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41 produkter

Methodology of Constitutional Theory
AvDimitrios Kyritsis,Stuart Lakin
Inbunden, Engelska, 2022
1 416 kr
Skickas inom 10-15 vardagar
What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions?This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.
Methodology of Constitutional Theory
AvDimitrios Kyritsis,Stuart Lakin
E-bok
Engelska, 2022
694 kr
Läs direkt efter köp
What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.
Methodology of Constitutional Theory
AvDimitrios Kyritsis,Stuart Lakin
E-bok
PDF, Engelska, 2022
696 kr
Läs direkt efter köp
What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.
Proportionality and Facts in Constitutional Adjudication
AvAnne Carter,Charles Barzun
Inbunden, Engelska, 2022
1 224 kr
Skickas inom 10-15 vardagar
This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these ‘facts’ vis-à-vis the facts that arise in the course of ordinary litigation. The book’s central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages.The book has three broad aims:First, it considers the role of facts within proportionality reasoning.Second, it offers procedural insights into fact-finding in constitutional litigation.Third, the book’s analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.
Proportionality and Facts in Constitutional Adjudication
AvAnne Carter
E-bok
Engelska, 2022
613 kr
Läs direkt efter köp
This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these ''facts'' vis-à-vis the facts that arise in the course of ordinary litigation. The book''s central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages.The book has three broad aims:First, it considers the role of facts within proportionality reasoning. Second, it offers procedural insights into fact-finding in constitutional litigation. Third, the book''s analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.
Proportionality and Facts in Constitutional Adjudication
AvAnne Carter
E-bok
PDF, Engelska, 2022
611 kr
Läs direkt efter köp
This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these ''facts'' vis-à-vis the facts that arise in the course of ordinary litigation. The book''s central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages.The book has three broad aims:First, it considers the role of facts within proportionality reasoning. Second, it offers procedural insights into fact-finding in constitutional litigation. Third, the book''s analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.
Constitutionalist Approach to the European Convention on Human Rights
The Legitimacy of Evolutive and Static Interpretation
AvLisa Sonnleitner,Charles Barzun
Inbunden, Engelska, 2022
1 223 kr
Skickas inom 10-15 vardagar
This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR’s constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.
Constitutionalist Approach to the European Convention on Human Rights
The Legitimacy of Evolutive and Static Interpretation
AvLisa Sonnleitner
E-bok
Engelska, 2022
611 kr
Läs direkt efter köp
This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR''s constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.
Constitutionalist Approach to the European Convention on Human Rights
The Legitimacy of Evolutive and Static Interpretation
AvLisa Sonnleitner
E-bok
PDF, Engelska, 2022
611 kr
Läs direkt efter köp
This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR''s constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.
Constitutionalist Approach to the European Convention on Human Rights
The Legitimacy of Evolutive and Static Interpretation
AvLisa Sonnleitner,Charles Barzun
Häftad, Engelska, 2023
570 kr
Skickas inom 10-15 vardagar
This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR’s constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.
Constitutionally Conforming Interpretation – Comparative Perspectives
Volume 2: Connections and Analysis
AvMatthias Klatt
Inbunden, Engelska, 2025
1 775 kr
Skickas inom 5-8 vardagar
This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation.This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights.Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.
Constitutionally Conforming Interpretation – Comparative Perspectives
Volume 2: Connections and Analysis
AvMatthias Klatt
E-bok
Engelska, 2025
1 715 kr
Läs direkt efter köp
This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation.This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights.Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.
Constitutionally Conforming Interpretation – Comparative Perspectives
Volume 2: Connections and Analysis
AvMatthias Klatt
E-bok
PDF, Engelska, 2025
1 715 kr
Läs direkt efter köp
This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation.This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights.Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.
Constitutionally Conforming Interpretation – Comparative Perspectives
Volume 1: National Reports
AvMatthias Klatt
Inbunden, Engelska, 2023
2 057 kr
Skickas inom 10-15 vardagar
This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice.Together with volume 2, which explores the canon’s use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.
Constitutionally Conforming Interpretation – Comparative Perspectives
Volume 1: National Reports
AvMatthias Klatt
E-bok
Engelska, 2023
1 008 kr
Läs direkt efter köp
This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice.Together with volume 2, which explores the canon''s use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.
Constitutionally Conforming Interpretation – Comparative Perspectives
Volume 1: National Reports
AvMatthias Klatt
E-bok
PDF, Engelska, 2023
1 041 kr
Läs direkt efter köp
This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice.Together with volume 2, which explores the canon''s use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.
Proportionality and Facts in Constitutional Adjudication
AvAnne Carter,Charles Barzun
Häftad, Engelska, 2023
570 kr
Skickas inom 10-15 vardagar
This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these ‘facts’ vis-à-vis the facts that arise in the course of ordinary litigation. The book’s central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages.The book has three broad aims:First, it considers the role of facts within proportionality reasoning.Second, it offers procedural insights into fact-finding in constitutional litigation.Third, the book’s analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.
Methodology of Constitutional Theory
AvDimitrios Kyritsis,Stuart Lakin
Häftad, Engelska, 2023
647 kr
Skickas inom 10-15 vardagar
What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions?This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.
Judicial Avoidance
Balancing Competences in Constitutional Adjudication
AvCarolina Alves das Chagas,Charles Barzun
Inbunden, Engelska, 2023
1 160 kr
Skickas inom 10-15 vardagar
This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments and deferential approaches regarding the decision of another authority and examines legitimacy issues involving judicial avoidance. The reader is presented with answers to two fundamental questions that guide the development of the book:- Is it legitimate to practise judicial avoidance?- How could judicial avoidance be practised legitimately?The conflict of competences, which often emerges in instances of judicial avoidance, is an important book baseline. From this conflict, the book considers and defends the possibility of applying ‘formal balancing’ to provide a clearer structure of the exercise of justiciability and judicial deference. The ‘formal balancing’ methodology is based on Alexy’s principles theory, and its connection with judicial avoidance represents a significant contribution and novel point in constitutional adjudication.
Judicial Avoidance
Balancing Competences in Constitutional Adjudication
AvCarolina Alves das Chagas
E-bok
Engelska, 2023
597 kr
Läs direkt efter köp
This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments and deferential approaches regarding the decision of another authority and examines legitimacy issues involving judicial avoidance. The reader is presented with answers to two fundamental questions that guide the development of the book:- Is it legitimate to practise judicial avoidance?- How could judicial avoidance be practised legitimately? The conflict of competences, which often emerges in instances of judicial avoidance, is an important book baseline. From this conflict, the book considers and defends the possibility of applying ''formal balancing'' to provide a clearer structure of the exercise of justiciability and judicial deference. The ''formal balancing'' methodology is based on Alexy''s principles theory, and its connection with judicial avoidance represents a significant contribution and novel point in constitutional adjudication.
Judicial Avoidance
Balancing Competences in Constitutional Adjudication
AvCarolina Alves das Chagas
E-bok
PDF, Engelska, 2023
597 kr
Läs direkt efter köp
This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments and deferential approaches regarding the decision of another authority and examines legitimacy issues involving judicial avoidance. The reader is presented with answers to two fundamental questions that guide the development of the book:- Is it legitimate to practise judicial avoidance?- How could judicial avoidance be practised legitimately? The conflict of competences, which often emerges in instances of judicial avoidance, is an important book baseline. From this conflict, the book considers and defends the possibility of applying ''formal balancing'' to provide a clearer structure of the exercise of justiciability and judicial deference. The ''formal balancing'' methodology is based on Alexy''s principles theory, and its connection with judicial avoidance represents a significant contribution and novel point in constitutional adjudication.
Judicial Avoidance
Balancing Competences in Constitutional Adjudication
AvCarolina Alves das Chagas,Charles Barzun
Häftad, Engelska, 2025
557 kr
Skickas inom 10-15 vardagar
This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments and deferential approaches regarding the decision of another authority and examines legitimacy issues involving judicial avoidance. The reader is presented with answers to two fundamental questions that guide the development of the book:- Is it legitimate to practise judicial avoidance?- How could judicial avoidance be practised legitimately?The conflict of competences, which often emerges in instances of judicial avoidance, is an important book baseline. From this conflict, the book considers and defends the possibility of applying ‘formal balancing’ to provide a clearer structure of the exercise of justiciability and judicial deference. The ‘formal balancing’ methodology is based on Alexy’s principles theory, and its connection with judicial avoidance represents a significant contribution and novel point in constitutional adjudication.
Solving International Norm Conflicts
Between Rules and Principles
Avthe Netherlands) Book, Birte (Utrecht University,Charles Barzunm. fl.
Inbunden, Engelska, 2027
1 331 kr
Kommande
Equality Before the Law
Equal Dignity, Wrongful Discrimination, and the Rule of Law
AvMichael P. Foran,Charles Barzun
Inbunden, Engelska, 2023
1 160 kr
Skickas inom 10-15 vardagar
This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project.At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law.This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself.In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality – manifest in a commitment to collective flourishing – without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution.
Equality Before the Law
Equal Dignity, Wrongful Discrimination, and the Rule of Law
AvMichael P. Foran
E-bok
Engelska, 2023
599 kr
Läs direkt efter köp
This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project.At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law.This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself.In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality – manifest in a commitment to collective flourishing – without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution.
Equality Before the Law
Equal Dignity, Wrongful Discrimination, and the Rule of Law
AvMichael P. Foran
E-bok
PDF, Engelska, 2023
597 kr
Läs direkt efter köp
This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project.At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law.This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself.In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality – manifest in a commitment to collective flourishing – without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution.
Equality Before the Law
Equal Dignity, Wrongful Discrimination, and the Rule of Law
AvMichael P Foran,Charles Barzun
Häftad, Engelska, 2025
557 kr
Skickas inom 10-15 vardagar
This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project.At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law.This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself.In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality – manifest in a commitment to collective flourishing – without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution.
Essays on Freedom and Proportionality
AvDimitrios Kyritsis
Inbunden, Engelska, 2025
1 160 kr
Skickas inom 10-15 vardagar
This open access book explores the connection between proportionality and the moral concept of freedom from a variety of philosophical perspectives. It views proportionality as more than a technical, legalistic formula but as infused with moral meaning. It asks: Is the proportionality test committed to a particular philosophical conception of freedom? Some contributors argue that proportionality subscribes to a morally defensible ‘right to everything’. Others see in this a serious shortcoming of contemporary proportionality discourse. They claim instead that fundamental rights doctrine should abandon proportionality and adopt a less individualistic notion of freedom that is inherently limited by the reasonable interests of others. The volume showcases novel attempts to combine proportionality and freedom that are inspired by Kant, John Rawls and Bernard Williams. It also situates its central question within debates about the legitimacy of judicial power and considers the use of proportionality analysis by the courts to resolve pivotal issues about the meaning of human rights. Individual chapters are in dialogue with each other, offering readers a holistic examination of this important issue of human rights theory and practice.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Constitutionally Conforming Interpretation – Comparative Perspectives
Volume 1: National Reports
AvCharles Barzun,Matthias Klatt
Häftad, Engelska, 2025
967 kr
Skickas inom 10-15 vardagar
This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice.Together with volume 2, which explores the canon’s use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.
Constitutional Courts and Judicial Review
Between Law and Politics
AvDieter Grimm,Charles Barzunm. fl.
Inbunden, Engelska, 2025
1 270 kr
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This collection of essays from Dieter Grimm, Germany’s most renowned constitutional scholar, shines a light on the jurisprudence of the German Constitutional Court and constitutional adjudication in general. Established in 1951, the court has become a blueprint for new courts ever since and its jurisprudence, particularly in the field of fundamental rights, has influenced the decisions of judges throughout the world. After the seismic constitutional changes of the years 1989–90 in Germany and beyond, many countries adopted new democratic constitutions and established constitutional courts in order to make their constitutions effective. Today, many of these courts are under attack both politically and intellectually. In this book, Grimm considers some of the fundamental questions under academic scrutiny today: are constitutional courts political or legal institutions? Is judicial review a political or a legal activity? Is it a threat to, or a condition, of democracy? Should these courts be abolished or strengthened? Is a rational interpretation of constitutional law possible? The essays provide answers to these questions and describe how constitutional courts work if they properly fulfill their function of enforcing the constitution. A special emphasis is put on the importance of constitutional interpretation: something, the author argues, that most critics of constitutional adjudication neglect.

Hart Studies in Constitutional Theory – serie

Methodology of Constitutional Theory

Methodology of Constitutional Theory

Methodology of Constitutional Theory

Proportionality and Facts in Constitutional Adjudication

Proportionality and Facts in Constitutional Adjudication

Proportionality and Facts in Constitutional Adjudication

Constitutionalist Approach to the European Convention on Human Rights

Constitutionalist Approach to the European Convention on Human Rights

Constitutionalist Approach to the European Convention on Human Rights

Constitutionalist Approach to the European Convention on Human Rights

Constitutionally Conforming Interpretation – Comparative Perspectives

Constitutionally Conforming Interpretation – Comparative Perspectives

Constitutionally Conforming Interpretation – Comparative Perspectives

Constitutionally Conforming Interpretation – Comparative Perspectives

Constitutionally Conforming Interpretation – Comparative Perspectives

Constitutionally Conforming Interpretation – Comparative Perspectives

Proportionality and Facts in Constitutional Adjudication

Methodology of Constitutional Theory

Judicial Avoidance

Judicial Avoidance

Judicial Avoidance

Judicial Avoidance

Solving International Norm Conflicts

Equality Before the Law

Equality Before the Law

Equality Before the Law

Equality Before the Law

Essays on Freedom and Proportionality

Constitutionally Conforming Interpretation – Comparative Perspectives

Constitutional Courts and Judicial Review