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ENGLISH

Politicized Religion And The Reframing Of Fundamental Rights

~~141,95€~~ 127,76€ 10% OFF

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 Politicized Religion and the Reframing of Fundamental Rights provides a systematic account of how recent politicization of religion has been used by proponents of illiberal nationalism and populism to reframe constitutional and human rights in exclusionary anti-pluralist ways.
ENGLISH

Ex-Ministers As Constitutional Judges

by Mathias Moschel

~~92,74€~~ 83,47€ 10% OFF

 The appointment of former politicians to constitutional courts is a global phenomenon. While ex-politician appointees may bring status, visibility, knowledge, and political awareness to the job, their previous roles may influence their assessment of legislations' constitutionality. Ex-Ministers as Constitutional Judges sheds light on this practice in four of the world's oldest and most established constitutional courts: Austria, France, Germany, and Italy. Weaving together legal, political, sociological, and historical sources, including press articles, surveys, and interviews with constitutional judges and high-level personnel, the book provides the first comprehensive exploration of ex-politicians becoming constitutional court judges. It analyses the advantages and disadvantages such personalities bring to constitutional courts, as well as assessing what limitations supranational law may set for such participation. Whereas the participation of ex-ministers does not seem to have posed serious structural issues to constitutional courts so far, this volume posits that the risks have been underestimated. In this context, Ex-Ministers as Constitutional Judges ultimately suggests normative steps for minimizing such risks and strengthening the independence and impartiality of constitutional courts in view of democratic and constitutional backsliding.
ENGLISH

Ex-Ministers As Constitutional Judges

by Mathias Moschel

~~92,74€~~ 83,47€ 10% OFF

 The appointment of former politicians to constitutional courts is a global phenomenon. While ex-politician appointees may bring status, visibility, knowledge, and political awareness to the job, their previous roles may influence their assessment of legislations' constitutionality. Ex-Ministers as Constitutional Judges sheds light on this practice in four of the world's oldest and most established constitutional courts: Austria, France, Germany, and Italy. Weaving together legal, political, sociological, and historical sources, including press articles, surveys, and interviews with constitutional judges and high-level personnel, the book provides the first comprehensive exploration of ex-politicians becoming constitutional court judges. It analyses the advantages and disadvantages such personalities bring to constitutional courts, as well as assessing what limitations supranational law may set for such participation. Whereas the participation of ex-ministers does not seem to have posed serious structural issues to constitutional courts so far, this volume posits that the risks have been underestimated. In this context, Ex-Ministers as Constitutional Judges ultimately suggests normative steps for minimizing such risks and strengthening the independence and impartiality of constitutional courts in view of democratic and constitutional backsliding.
ENGLISH

Redefining Comparative Constitutional Law - Essays For Mark Tushnet

~~116,59€~~ 104,93€ 10% OFF

 Over the past two decades, the field of comparative constitutional law has emerged as a major domain of scholarly inquiry. It has also been a notable feature in judicial practice. Many of the world's leading courts are now composed of at least some members who engage with comparative materials, and thinking comparatively has developed into one of the most significant ways of engaging in constitutional analyses. Redefining Comparative Constitutional Law: Essays for Mark Tushnet reflects upon the field of comparative constitutional law. Among the most prominent figures in the development of the field in its ongoing renaissance has been Mark Tushnet. This book uses the occasion of Professor Tushnet's recent retirement from Harvard Law School to think critically about the field. Each essay takes up one of Professor Tushnet's major recent themes which focuses on variations within liberal constitutionalism and the possibility of other forms of constitutionalism that find articulation under other political regimes. In this book, leading scholars contribute to the debate over the nature of the field, including the role of empiricism and language; discussions of democracy and entrenchment; analyses of rights and courts; consideration of constitutional design; and explorations of the extent to which there are varieties of constitutionalism. At a moment of renewed stress and political debate over the relationship between democracy and constitutionalism, Redefining Comparative Constitutional Law: Essays for Mark Tushnet offers timely insights into comparative analyses of constitutional rights. Academics and students alike will benefit from the essays that range across both methodological questions and substantive analysis in the development of constitutions throughout the globe.
ENGLISH

Redefining Comparative Constitutional Law - Essays For Mark Tushnet

~~116,59€~~ 104,93€ 10% OFF

 Over the past two decades, the field of comparative constitutional law has emerged as a major domain of scholarly inquiry. It has also been a notable feature in judicial practice. Many of the world's leading courts are now composed of at least some members who engage with comparative materials, and thinking comparatively has developed into one of the most significant ways of engaging in constitutional analyses. Redefining Comparative Constitutional Law: Essays for Mark Tushnet reflects upon the field of comparative constitutional law. Among the most prominent figures in the development of the field in its ongoing renaissance has been Mark Tushnet. This book uses the occasion of Professor Tushnet's recent retirement from Harvard Law School to think critically about the field. Each essay takes up one of Professor Tushnet's major recent themes which focuses on variations within liberal constitutionalism and the possibility of other forms of constitutionalism that find articulation under other political regimes. In this book, leading scholars contribute to the debate over the nature of the field, including the role of empiricism and language; discussions of democracy and entrenchment; analyses of rights and courts; consideration of constitutional design; and explorations of the extent to which there are varieties of constitutionalism. At a moment of renewed stress and political debate over the relationship between democracy and constitutionalism, Redefining Comparative Constitutional Law: Essays for Mark Tushnet offers timely insights into comparative analyses of constitutional rights. Academics and students alike will benefit from the essays that range across both methodological questions and substantive analysis in the development of constitutions throughout the globe.
ENGLISH

Courts And Lgbtq+ Rights In An Age Of Judicial Retrenchment

by Rehan Abeyratne

~~92,74€~~ 83,47€ 10% OFF

 Over the past two decades, liberal constitutionalism has been in decline. Yet some courts - including the U.S. Supreme Court, the Supreme Court of India, and the Hong Kong Court of Final Appeal - have continued to progressively realize the rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons. How can the seeming paradox of LGBTQ+ rights advancement amid liberal constitutional regression be understood? And what, in turn, does that tell us about the state of liberal constitutionalism and rights adjudication?Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment addresses these questions by exploring rights adjudication within the broader context of declining liberal constitutionalism within the U.S., India, and Hong Kong. By analysing landmark LGBTQ+ rights judgments and topical case studies in increasingly challenging political and institutional contexts, this book provides detailed, qualitative accounts of constitutionalism in these jurisdictions over the past two decades. Progressive and original, this book explores how courts often use LGBTQ+ rights to demonstrate their rhetorical commitment to liberal and global constitutionalism, even as their judgments may fall short of, or even undermine, those ideals.
ENGLISH

Courts And Lgbtq+ Rights In An Age Of Judicial Retrenchment

by Rehan Abeyratne

~~92,74€~~ 83,47€ 10% OFF

 Over the past two decades, liberal constitutionalism has been in decline. Yet some courts - including the U.S. Supreme Court, the Supreme Court of India, and the Hong Kong Court of Final Appeal - have continued to progressively realize the rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons. How can the seeming paradox of LGBTQ+ rights advancement amid liberal constitutional regression be understood? And what, in turn, does that tell us about the state of liberal constitutionalism and rights adjudication?Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment addresses these questions by exploring rights adjudication within the broader context of declining liberal constitutionalism within the U.S., India, and Hong Kong. By analysing landmark LGBTQ+ rights judgments and topical case studies in increasingly challenging political and institutional contexts, this book provides detailed, qualitative accounts of constitutionalism in these jurisdictions over the past two decades. Progressive and original, this book explores how courts often use LGBTQ+ rights to demonstrate their rhetorical commitment to liberal and global constitutionalism, even as their judgments may fall short of, or even undermine, those ideals.
ENGLISH

Politics Of Constitutional Rigidity - Unveiling Pathways To Change In Mexico

by Mariana Velasco-Rivera

~~92,74€~~ 83,47€ 10% OFF

 What makes a constitution difficult to amend? Many assume it's the stringency of the amendment rules, as seen with the U.S. Constitution. However, Mexico, with similar rules, has one of the most amended constitutions globally. So, if it's not the stringency of the rules, what is it?The Politics of Constitutional Rigidity: Unveiling Pathways to Change in Mexico focuses on Mexico as a case study to explore the non-institutional factors that influence the relative ease of amendment to its constitution. This book proposes a new analytical framework for understanding constitutional change, suggesting that both formal and informal changes occur within an 'economy of change.' This framework highlights how the interplay of political parties, party systems, constitutional culture, and key political actors' decisions influence political entrenchment. Timely and original, The Politics of Constitutional Rigidity offers a systematic study of constitutional change and challenges dominant approaches to constitutional rigidity.
ENGLISH

Politics Of Constitutional Rigidity - Unveiling Pathways To Change In Mexico

by Mariana Velasco-Rivera

~~92,74€~~ 83,47€ 10% OFF

 What makes a constitution difficult to amend? Many assume it's the stringency of the amendment rules, as seen with the U.S. Constitution. However, Mexico, with similar rules, has one of the most amended constitutions globally. So, if it's not the stringency of the rules, what is it?The Politics of Constitutional Rigidity: Unveiling Pathways to Change in Mexico focuses on Mexico as a case study to explore the non-institutional factors that influence the relative ease of amendment to its constitution. This book proposes a new analytical framework for understanding constitutional change, suggesting that both formal and informal changes occur within an 'economy of change.' This framework highlights how the interplay of political parties, party systems, constitutional culture, and key political actors' decisions influence political entrenchment. Timely and original, The Politics of Constitutional Rigidity offers a systematic study of constitutional change and challenges dominant approaches to constitutional rigidity.
ENGLISH

Constitutional Change Under Autocracy

by Anna (Principal Investigator, Principal Investigator, Freie Universitat Berlin) Fruhstorfer

~~141,95€~~ 127,76€ 10% OFF

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 Through a large-N comparative analysis of autocratic regimes and case studies on the GDR, Azerbaijan, and Mexico, this book reflects on how constitutional amendments reinforce regime stability.
ENGLISH

The Politics Of Constitutional Rigidity - Unveiling Pathways To Change In Mexico

~~135,19€~~ 121,67€ 10% OFF

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 This book explores the non-institutional factors affecting constitutional amendments. It proposes a new framework for understanding change, highlighting how political parties, systems, culture, and key actors' decisions shape political entrenchment.
ENGLISH

Responsive Judicial Review - Democracy And Dysfunction In The Modern Age

by Rosalind (Scientia Professor Of Law, Scientia Professor Of Law, University Of New South Wales) Dixon

~~40,55€~~ 36,50€ 10% OFF

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 Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction.
ENGLISH

Courts And Lgbtq+ Rights In An Age Of Judicial Retrenchment

by Rehan (Professor Of Law, Professor Of Law, Western Sydney University) Abeyratne

~~135,19€~~ 121,67€ 10% OFF

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 A comparative study of the United States, India, and Hong Kong, this book explores how courts often use LGBTQ+ rights to demonstrate their rhetorical commitment to liberal and global constitutionalism, even as their judgments fall short of, or even undermine, those ideals.
ENGLISH

Abusive Constitutional Borrowing - Legal Globalization And The Subversion Of Liberal Democracy

by David (Mason Ladd Professor, Mason Ladd Professor, Fsu College Of Law) Landau e Rosalind (Professor Of Law, Professor Of Law, University Of New South Wales) Dixon

~~40,55€~~ 36,50€ 10% OFF

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 Abusive Constitutional Borrowing outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism.
ENGLISH

Ex-Ministers As Constitutional Judges

by Mathias, Phd, Llm (Head Of The Legal Studies Department, Head Of The Legal Studies Department, Central European University) Moschel

~~141,95€~~ 127,76€ 10% OFF

free shipping

 Weaving together legal, political, sociological, and historical analysis, the book provides the first comprehensive exploration of ex-politicians becoming constitutional court judges. Ex-Ministers as Constitutional Judges considers the advantages and disadvantages of this practice, as well as assesses what limitations supranational law may set.
ENGLISH

Redefining Comparative Constitutional Law - Essays For Mark Tushnet

~~179,13€~~ 161,22€ 10% OFF

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 Redefining Comparative Constitutional Law: Essays for Mark Tushnet commemorates the writings of Mark Tushnet, a significant voice in the study of comparative constitutional law. Each essay is written by a leading scholar and discusses timely topics such as empiricism and language, democracy and entrenchment, and analyses of rights and courts.
ENGLISH

Scales Of Memory - Constitutional Justice And Historical Evil

by Justin Collings

112,61€ + 10% CARD

 This monograph explores how the constitutional courts in the United States, Germany, and South Africa have invoked slavery, Nazism, and apartheid - three historical evils - as an aid in constitutional interpretation. It examines how the memory of evil pasts moulds constitutional meaning in the contested present.
ENGLISH

Global South And Comparative Constitutional Law

102,01€ + 10% CARD

 Although the Global South represents 'most of the world' in terms of constitutions and population, it is underrepresented in comparative constitutional discourse. This book fills the gap in this scholarship by tackling the most important aspects of comparative law from the Southern perspective.
ENGLISH

Global South And Comparative Constitutional Law

102,01€ + 10% CARD

 Although the Global South represents 'most of the world' in terms of constitutions and population, it is underrepresented in comparative constitutional discourse. This book fills the gap in this scholarship by tackling the most important aspects of comparative law from the Southern perspective.
ENGLISH

Responsive Judicial Review - Democracy And Dysfunction In The Modern Age

by Rosalind Dixon

91,41€ + 10% CARD

 Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction.
ENGLISH

Responsive Judicial Review - Democracy And Dysfunction In The Modern Age

by Rosalind Dixon

91,41€ + 10% CARD

 Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction.
ENGLISH

Foreign Relations Federalism - The Eu In Comparative Perspective

by Thomas Verellen

90,09€ + 10% CARD

 Through a comparative analysis of the United States, Canada, Belgium, and the EU, this book examines the constitutional framework in which foreign relations are conducted in federal unions. In doing so, this book contributes to debates on how the EU's foreign affairs constitution should be structured.
ENGLISH

Foreign Relations Federalism - The Eu In Comparative Perspective

by Thomas Verellen

90,09€ + 10% CARD

 Through a comparative analysis of the United States, Canada, Belgium, and the EU, this book examines the constitutional framework in which foreign relations are conducted in federal unions. In doing so, this book contributes to debates on how the EU's foreign affairs constitution should be structured.
ENGLISH

Outsourcing Rulemaking Powers - Constitutional Limits And National Safeguards

by Cedric Jenart

98,04€ + 10% CARD

 Outsourcing Rulemaking Powers identifies the shared constitutional principles that determine the limits to the outsourcing of rulemaking powers. Through the examination of multiple countries, this book argues that there should be minimal legal safeguards to which all rules must heed, in particular those made by autonomous public or private actors.
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