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Engineering Constitutional Change
  • Language: en
  • Pages: 490

Engineering Constitutional Change

  • Categories: Law
  • Type: Book
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  • Published: 2013
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  • Publisher: Routledge

This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.

Participatory Constitutional Change
  • Language: en
  • Pages: 225

Participatory Constitutional Change

  • Categories: Law

This book explores the recent trend of enhancing the role of the people in constitutional change. It traces the reasons underlying this tendency, the new ways in which it takes form, the possibilities of success and failure of such ventures as well as the risks and benefits it carries. To do so, it examines the theoretical aspects of public participation in constitutional decision-making, offers an analysis of the benefits gained and the problems encountered in countries with long-standing experience in the practice of constitutional referendums, discusses the recent innovative constitution-making processes employed in Iceland and Ireland in the post financial crisis context and probes the u...

Routledge Handbook of Comparative Constitutional Change
  • Language: en
  • Pages: 469

Routledge Handbook of Comparative Constitutional Change

  • Categories: Law
  • Type: Book
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  • Published: 2020-06-11
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  • Publisher: Routledge

Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and dem...

Constitutions in the Global Financial Crisis
  • Language: en
  • Pages: 338

Constitutions in the Global Financial Crisis

  • Categories: Law
  • Type: Book
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  • Published: 2016-05-23
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  • Publisher: Routledge

This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions. The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution. The volume’s extensive comparative chapter pins down distinct constitutional reactions towards the financial crisis, building an explanatory theory that accounts for the different ways constitutions responded to the crisis. How and why constitutions formed their reactions in the face of the financial crisis unravels throughout the book.

Politics and Policy in Greece
  • Language: en
  • Pages: 294

Politics and Policy in Greece

Containing expert overviews and detailed case studies, this new volume presents a rare focus on the politics of contemporary Greece, with particular emphasis on its processes of public policy-making.

The Foundations and Traditions of Constitutional Amendment
  • Language: en
  • Pages: 417

The Foundations and Traditions of Constitutional Amendment

  • Categories: Law

There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent schola...

Eternity Clauses in Democratic Constitutionalism
  • Language: en
  • Pages: 338

Eternity Clauses in Democratic Constitutionalism

  • Categories: Law

This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanis...

The Law and Legitimacy of Imposed Constitutions
  • Language: en
  • Pages: 302

The Law and Legitimacy of Imposed Constitutions

  • Categories: Law
  • Type: Book
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  • Published: 2018-11-01
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  • Publisher: Routledge

Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution. This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the ai...

Constitutional Change in the Contemporary Socialist World
  • Language: en
  • Pages: 385

Constitutional Change in the Contemporary Socialist World

  • Categories: Law
  • Type: Book
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  • Published: 2020
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  • Publisher: Unknown

Comparative constitutional law has a long and distinguished history in intellectual thought and in the construction of public law. As political actors and the people who create or modify their constitutional orders, they often wish to learn from the experience and learning of others. This cross-fertilization and mutual interaction has only accelerated with the onset of globalization, which has transformed the world into an interconnected web that facilitates dialogue and linkages across international and regional structures. Oxford Comparative Constitutionalism seeks to publish scholarship of the highest quality in constitutional law that deepens our knowledge of local, national, regional, and global phenomena through the lens of comparative public law. Book jacket.

Constitutions in the Global Financial Crisis
  • Language: en
  • Pages: 307

Constitutions in the Global Financial Crisis

  • Type: Book
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  • Published: 2013
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  • Publisher: Unknown

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