A THEORY OF CONSTITUTIONAL RIGHTS

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A Theory Of Constitutional Rights

Author : Robert Alexy
ISBN : 9780199584239
Genre : Law
File Size : 53.83 MB
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This classic work of constitutional theory analyzes the general structure of constitutional rights and their judicial application. It deals with a wide range of problems common to all systems of constitutional rights review - from balancing rights to deciding the limits of their scope.
Category: Law

A Theory Of Constitutional Rights

Author : Robert Alexy
ISBN : 0198258216
Genre : Law
File Size : 21.53 MB
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This book analyses the general structure of constitutional rights reasoning under the German Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues forits applicability to the British Constitution, with particular reference to the Human Rights Act 1998.
Category: Law

The Global Model Of Constitutional Rights

Author : Kai Möller
ISBN : 9780199664603
Genre : Law
File Size : 37.23 MB
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The book presents a theory of constitutional rights law. It shows that there is now a 'global' model of constitutional rights, which means that certain structural features of rights are accepted in most jurisdictions where rights are judicially enforced. Drawing on analyses of a broad range of cases from the U.K., the European Court of Human Rights, Germany, Canada, the U.S., and South Africa, the book provides the first substantive moral, reconstructive theory ofthe global model. It develops a philosophically coherent conception of rights and provides original and useful accounts of important doctrines and developments of human and constitutional rights law, including rights inflation, horizontal effect, positive obligations, socio-economic rights, themargin of appreciation, balancing, and proportionality.
Category: Law

The Challenge Of Originalism

Author : Grant Huscroft
ISBN : 9781139505130
Genre : Law
File Size : 52.69 MB
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Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves.
Category: Law

The Constitutional Rights Privileges And Immunities Of The American People

Author : Arnold T. Guminski
ISBN : 9781440125881
Genre : Law
File Size : 78.59 MB
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The Constitutional Rights, Privileges, and Immunities of the American People explores the idea that the Supreme Court should radically revise its general theory of constitutional rights and discusses various aspects of some special theories of constitutional rights in order to ensure a sufficient universe of discourse. As a former deputy district attorney for Los Angeles County, Guminski gained a wealth of experience in preparing arguments for appellate courts. Based on his experience and careful research, he proposes a persuasive theory that explains why some but not all rights secured against infringement by the United States are also secured against infringement by the states by both the privileges or immunities and the due process clauses of the fourteenth amendment, adopted in 1868. He examines whether national citizenship before the Civil War was paramount and superior, addresses the procedural and substantive aspects of the due process clause, and recites the reasons supporting his general theory. In presenting the essentials of his theory about how the Constitution should be judicially construed, Guminski thereby encourages other citizens to express their own opinions about constitutional law with the hope that these views may one day have an impact on the way the Supreme Court interprets the Constitution.
Category: Law

Constitutions And Political Theory

Author : Jan-Erik Lane
ISBN : 0719046483
Genre : Political Science
File Size : 39.79 MB
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Jan-Erik Lane begins by examining the origins and history of constitutionalism, the doctrine that the state must be regulated by means of a set of institutions that guarantee citizen rights and procedural accountability. He then examines the structure of the state in order to identify the essential elements that constitutional institutions regulate. Lane asks why constitutions exist, and how they matter for society. Finally he seeks out the requirements for a fair and democratic constitution by referring to three key concepts in political theory: justice, equality and the rule of law. The book also offers a comparative survey of formal constitutional arrangements in different countries, and an analysis of how constitutions develop in practice, through the implementation of constitutional and administrative law in a country's courts.
Category: Political Science

The Oxford Handbook Of Comparative Constitutional Law

Author : Michel Rosenfeld
ISBN : 9780199578610
Genre : Law
File Size : 70.58 MB
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The field of comparative constitutional law is vast and diverse, international and interdisciplinary. The first single source of reference on the topic, the entries in Handbook are written by leading authorities and discuss the most important subjects in the field, covering the history and development of the discipline, core concepts, structure and interpretations, institutions, rights, and emerging trends. It is an invaluable resource for everyone in the field.
Category: Law

Constitutional Theory

Author : Carl Schmitt
ISBN : 9780822340119
Genre : Law
File Size : 47.66 MB
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This volume makes Schmitt's provocative work on comparative constitutionalism available in English for the first time since it was published in 1928 in Germany.
Category: Law

Caribbean Integration Law

Author : David S. Berry
ISBN : 9780191649165
Genre : Law
File Size : 70.71 MB
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Caribbean Integration Law offers a comprehensive legal analysis of the current treaties and rules governing the two main regional organisations in the Caribbean, the Caribbean Community (CARICOM) and the Organisation of Eastern Caribbean States (OECS). Both organisations are operating under new treaties, the Revised Treaty of Chaguaramas and the Revised Treaty of Basseterre, respectively, which created the CARICOM Single Market and Economy, and the OECS Economic Union. The single market and economic union were built upon principles of free movement of goods, labour, and capital, and a common external tariff. This book reviews the foundations of Caribbean regional integration, the institutional frameworks of the two regional organisations, and fleshes out the scope and context of the legal systems created by the treaties. It also reviews the dispute settlement mechanisms under both treaties, including the increasingly active role of the Caribbean Court of Justice, which allows persons to enforce their treaty rights directly before the Court. The book offers selective comparisons to the current rules governing the European Union, and integrates crucial insights from the field of public international law, including the law of treaties and international institutional law.
Category: Law