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ENGLISH

Federal Impartiality - Navigating Divisive Rights In The Eu And The Us

by Mohamed (University Of Cambridge, Uk) Moussa

~~121,67€~~ 109,50€ 10% OFF

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 Explores how the proper allocation of decision-making authority can enhance impartiality, reduce polarisation, and foster social consensus.
ENGLISH

Judicial Bricolage - The Use Of Foreign Precedents By Constitutional Judges In The 21st Century

~~101,38€~~ 91,24€ 10% OFF

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 The book presents an in-depth examination of the quantitative and qualitative use of foreign precedents by constitutional judges in 31 countries, across 5 continents, during the period 2011-2021.
ENGLISH

Constitutional Reasoning In The Nordic Supreme Courts - An Empirical And Comparative Legal Perspective

~~128,43€~~ 115,59€ 10% OFF

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 Presents the common features of the Nordic constitutional reasoning, situating the Nordic experience within a broader comparative framework.
ENGLISH

Judicial Bricolage - The Use Of Foreign Precedents By Constitutional Judges In The 21st Century

~~202,78€~~ 182,50€ 10% OFF

free shipping

 The book presents an in-depth examination of the quantitative and qualitative use of foreign precedents by constitutional judges in 31 countries, across 5 continents, during the period 2011-2021.
ENGLISH

Judicial Bricolage - The Use Of Foreign Precedents By Constitutional Judges In The 21st Century

~~89,42€~~ 80,48€ 10% OFF

 The book presents an in-depth examination of the quantitative and qualitative use of foreign precedents by constitutional judges in 31 countries, across 5 continents, during the period 2011-2021.
ENGLISH

Judicial Bricolage - The Use Of Foreign Precedents By Constitutional Judges In The 21st Century

~~89,42€~~ 80,48€ 10% OFF

 The book presents an in-depth examination of the quantitative and qualitative use of foreign precedents by constitutional judges in 31 countries, across 5 continents, during the period 2011-2021.
ENGLISH

Constitutional Courts, Media And Public Opinion

by Angioletta (University Of Pisa, Italy) Sperti

~~60,82€~~ 54,74€ 10% OFF

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 Analyses how the information revolution has radically changed the way in which constitutional courts communicate with the public.
ENGLISH

Judicial Review And Electoral Law In A Global Perspective

~~53,65€~~ 48,29€ 10% OFF

 This book fills a gap in constitutional law by examining the global trend towards the substantive constitutional adjudication of electoral legislation. It explores the premises on which this judicial scrutiny is grounded, seeks to explain the trend, and examines its consequences for representative democracy. The book offers a comparative analysis of the issue, investigating how the exchange of models and arguments among judges has catalysed the progressive departure from a traditionally deferential approach to electoral norms-an approach that still persists in a few jurisdictions. To accomplish this, the book delves into the democratic foundations of electoral systems and their evolution. It also explores the methodological choices that constitutional judges face when dealing with electoral legislation. This groundwork sets the stage for an in-depth review of case law in more than fifteen legal systems spanning North and South America, Africa, Asia, Oceania, and Europe. The objective is to identify the underlying concept of democracy that courts aim to promote. The authors critically discuss the varying ideas of democracy evident in each jurisdiction, including the use of constitutional borrowing, and they analyse the effects of judgments on the relationship between courts, representative institutions, and voters. Given its global scope, the combination of theoretical and practical approaches, and the comprehensive comparative assessment it provides, this work is of interest to academics in the fields of law, political science, and philosophy. It is also relevant for policymakers and judges in constitutional democracies across continents.
ENGLISH

Judicial Review And Electoral Law In A Global Perspective

~~53,65€~~ 48,29€ 10% OFF

 This book fills a gap in constitutional law by examining the global trend towards the substantive constitutional adjudication of electoral legislation. It explores the premises on which this judicial scrutiny is grounded, seeks to explain the trend, and examines its consequences for representative democracy. The book offers a comparative analysis of the issue, investigating how the exchange of models and arguments among judges has catalysed the progressive departure from a traditionally deferential approach to electoral norms-an approach that still persists in a few jurisdictions. To accomplish this, the book delves into the democratic foundations of electoral systems and their evolution. It also explores the methodological choices that constitutional judges face when dealing with electoral legislation. This groundwork sets the stage for an in-depth review of case law in more than fifteen legal systems spanning North and South America, Africa, Asia, Oceania, and Europe. The objective is to identify the underlying concept of democracy that courts aim to promote. The authors critically discuss the varying ideas of democracy evident in each jurisdiction, including the use of constitutional borrowing, and they analyse the effects of judgments on the relationship between courts, representative institutions, and voters. Given its global scope, the combination of theoretical and practical approaches, and the comprehensive comparative assessment it provides, this work is of interest to academics in the fields of law, political science, and philosophy. It is also relevant for policymakers and judges in constitutional democracies across continents.
ENGLISH

Constitutional Courts, Media And Public Opinion

by Angioletta Sperti

53,65€ + 10% CARD

 Analyses how the information revolution has radically changed the way in which constitutional courts communicate with the public.
ENGLISH

Constitutional Courts, Media And Public Opinion

by Angioletta Sperti

53,65€ + 10% CARD

 Analyses how the information revolution has radically changed the way in which constitutional courts communicate with the public.
ENGLISH

Federalism And The Rights Of Persons With Disabilities - The Implementation Of The Crpd In Federal Systems And Its Implications

53,65€ + 10% CARD

 This book shines a light on the still unexplored relationships between federalism and disability rights. It investigates how the UN Convention on the Rights of Persons with Disabilities (CRPD) is implemented by different federal systems around the world. It analyses the effects that the obligations undertaken under the CRPD have on federal governance and on the constitutional division of powers within 14 federal systems, including those in Germany, Canada, Brazil, India, the UK and Italy. The book also considers the trends and patterns of disability rights governance in federal systems and looks at the future developments of comparative disability federalism.
ENGLISH

Responsible Government And The Australian Constitution - A Government For A Sovereign People

by Benjamin B Saunders

51,26€ + 10% CARD

 This book looks at responsible government under the Australian Constitution. It undertakes a detailed examination of the history leading to the incorporation of responsible government into the Constitution, examining the political history and constitutional ideas which informed the framers'' views. It draws on this history to develop a theory of responsible government and explore its implications for the interpretation of the Constitution and the structure of modern government in Australia. The book fills a major gap in our knowledge of the intellectual background of the Australian Constitution by explaining the constitutional ideas that have shaped the text and structure of the Australian Constitution. It contributes to worldwide debates about constitutional interpretation by showing how rigorous use of history can lead to novel interpretations of constitutions without being tied to the ''dead hands of the founders''.
ENGLISH

Responsible Government And The Australian Constitution - A Government For A Sovereign People

by Benjamin B Saunders

51,26€ + 10% CARD

 This book looks at responsible government under the Australian Constitution. It undertakes a detailed examination of the history leading to the incorporation of responsible government into the Constitution, examining the political history and constitutional ideas which informed the framers'' views. It draws on this history to develop a theory of responsible government and explore its implications for the interpretation of the Constitution and the structure of modern government in Australia. The book fills a major gap in our knowledge of the intellectual background of the Australian Constitution by explaining the constitutional ideas that have shaped the text and structure of the Australian Constitution. It contributes to worldwide debates about constitutional interpretation by showing how rigorous use of history can lead to novel interpretations of constitutions without being tied to the ''dead hands of the founders''.
ENGLISH

Federalism And The Rights Of Persons With Disabilities - The Implementation Of The Crpd In Federal Systems And Its Implications

53,65€ + 10% CARD

 This book shines a light on the still unexplored relationships between federalism and disability rights. It investigates how the UN Convention on the Rights of Persons with Disabilities (CRPD) is implemented by different federal systems around the world. It analyses the effects that the obligations undertaken under the CRPD have on federal governance and on the constitutional division of powers within 14 federal systems, including those in Germany, Canada, Brazil, India, the UK and Italy. The book also considers the trends and patterns of disability rights governance in federal systems and looks at the future developments of comparative disability federalism.
ENGLISH

Constitutional Courts, Media And Public Opinion

by Angioletta (University Of Pisa, Italy) Sperti

135,19€ + 10% CARD

free shipping

 Analyses how the information revolution has radically changed the way in which constitutional courts communicate with the public.
ENGLISH

Role Of Monarchy In Modern Democracy - European Monarchies Compared

40,53€ + 10% CARD

 How much power does a monarch really have? How much autonomy do they enjoy? Who regulates the size of the royal family, their finances, the rules of succession? These are some of the questions considered in this edited collection on the monarchies of Europe. The book is written by experts from Belgium, Denmark, Luxembourg, the Netherlands, Norway, Spain, Sweden and the UK. It considers the constitutional and political role of monarchy, its powers and functions, how it is defined and regulated, the laws of succession and royal finances, relations with the media, the popularity of the monarchy and why it endures. No new political theory on this topic has been developed since Bagehot wrote about the monarchy in The English Constitution (1867). The same is true of the other European monarchies. 150 years on, with their formal powers greatly reduced, how has this ancient, hereditary institution managed to survive and what is a modern monarch''s role? What theory can be derived about the role of monarchy in advanced democracies, and what lessons can the different European monarchies learn from each other? The public look to the monarchy to represent continuity, stability and tradition, but also want it to be modern, to reflect modern values and be a focus for national identity. The whole institution is shot through with contradictions, myths and misunderstandings. This book should lead to a more realistic debate about our expectations of the monarchy, its role and its future. The contributors are leading experts from all over Europe: Rudy Andeweg, Ian Bradley, Paul Bovend''Eert, Axel Calissendorff, Frank Cranmer, Robert Hazell, Olivia Hepsworth, Luc Heuschling, Helle Krunke, Bob Morris, Roger Mortimore, Lennart Nilsson, Philip Murphy, Quentin Pironnet, Bart van Poelgeest, Frank Prochaska, Charles Powell, Jean Seaton, Eivind Smith.
ENGLISH

Role Of Monarchy In Modern Democracy - European Monarchies Compared

40,53€ + 10% CARD

 How much power does a monarch really have? How much autonomy do they enjoy? Who regulates the size of the royal family, their finances, the rules of succession? These are some of the questions considered in this edited collection on the monarchies of Europe. The book is written by experts from Belgium, Denmark, Luxembourg, the Netherlands, Norway, Spain, Sweden and the UK. It considers the constitutional and political role of monarchy, its powers and functions, how it is defined and regulated, the laws of succession and royal finances, relations with the media, the popularity of the monarchy and why it endures. No new political theory on this topic has been developed since Bagehot wrote about the monarchy in The English Constitution (1867). The same is true of the other European monarchies. 150 years on, with their formal powers greatly reduced, how has this ancient, hereditary institution managed to survive and what is a modern monarch''s role? What theory can be derived about the role of monarchy in advanced democracies, and what lessons can the different European monarchies learn from each other? The public look to the monarchy to represent continuity, stability and tradition, but also want it to be modern, to reflect modern values and be a focus for national identity. The whole institution is shot through with contradictions, myths and misunderstandings. This book should lead to a more realistic debate about our expectations of the monarchy, its role and its future. The contributors are leading experts from all over Europe: Rudy Andeweg, Ian Bradley, Paul Bovend''Eert, Axel Calissendorff, Frank Cranmer, Robert Hazell, Olivia Hepsworth, Luc Heuschling, Helle Krunke, Bob Morris, Roger Mortimore, Lennart Nilsson, Philip Murphy, Quentin Pironnet, Bart van Poelgeest, Frank Prochaska, Charles Powell, Jean Seaton, Eivind Smith.
ENGLISH

Why Religious Freedom Matters For Democracy - Comparative Reflections From Britain And France For A Democratic “Vivre Ensemble”

by Myriam Hunter-Henin

32,18€ + 10% CARD

 Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees'' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the "accommodationist view", which defers to religious requests, and the "analogous" view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.
ENGLISH

Why Religious Freedom Matters For Democracy - Comparative Reflections From Britain And France For A Democratic “Vivre Ensemble”

by Myriam Hunter-Henin

32,18€ + 10% CARD

 Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees'' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the "accommodationist view", which defers to religious requests, and the "analogous" view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.
ENGLISH

New Media And Freedom Of Expression - Rethinking The Constitutional Foundations Of The Public Sphere

by Andr S Koltay

50,07€ + 10% CARD

 The principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.
ENGLISH

New Media And Freedom Of Expression - Rethinking The Constitutional Foundations Of The Public Sphere

by Andr S Koltay

50,07€ + 10% CARD

 The principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.
ENGLISH

Regulation In India: Design, Capacity, Performance

71,54€ + 10% CARD

 The rise of the regulatory state has been a major feature of modern constitutional democracies. India, the world''s largest democracy, is no exception to this trend. This book is the first major study of regulation in India. It considers how the development of regulation in India has altered the nature and functions of the state; how it is reshaping the relationship between business and the state; how it has called for the refashioning of established legal principles; and how it has raised new questions about the relationship between technical expertise and the rule of law. The chapters cover topics ranging from the foundations of the Indian regulatory state to the form of regulation across different sectors to regulation in practice. Together, the chapters reveal the challenges, promise, and limitations offered by contemporary regulatory practices, and they capture the close if sometimes fraught relationship that regulation must inevitably share with the political economy and constitutional schema within which it operates.
ENGLISH

Regulation In India: Design, Capacity, Performance

71,54€ + 10% CARD

 The rise of the regulatory state has been a major feature of modern constitutional democracies. India, the world''s largest democracy, is no exception to this trend. This book is the first major study of regulation in India. It considers how the development of regulation in India has altered the nature and functions of the state; how it is reshaping the relationship between business and the state; how it has called for the refashioning of established legal principles; and how it has raised new questions about the relationship between technical expertise and the rule of law. The chapters cover topics ranging from the foundations of the Indian regulatory state to the form of regulation across different sectors to regulation in practice. Together, the chapters reveal the challenges, promise, and limitations offered by contemporary regulatory practices, and they capture the close if sometimes fraught relationship that regulation must inevitably share with the political economy and constitutional schema within which it operates.
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