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Law in Politics Politics in Law

Law in Politics  Politics in Law Author David Feldman
ISBN-10 9781782252832
Release 2014-07-18
Pages 294
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A great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics. Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light, public law is often seen as part of the political order or as inescapably partisan. We know relatively little about the real impact of law on politicians through their legal advisers and civil servants. How do lawyers in government see their roles and what use do they make of law? How does politics actually affect the drafting of legislation or the making of policy? This volume will begin to answer these and other questions about the practical, day-to-day relationship between law and politics in a number of settings. It includes chapters by former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.



Constitutional and Administrative Law

Constitutional and Administrative Law Author John Alder and Keith Syrett
ISBN-10 9781137609076
Release
Pages
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Constitutional and Administrative Law has been writing in one form or another for most of life. You can find so many inspiration from Constitutional and Administrative Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Constitutional and Administrative Law book for free.



Parliament and the Law

Parliament and the Law Author Alexander Horne
ISBN-10 9781509908721
Release 2018-02-22
Pages 416
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Parliament and the Law (Second Edition) is an edited collection of essays, supported by the UK's Study of Parliament Group, including contributions by leading constitutional lawyers, political scientists and parliamentary officials. It provides a wide-ranging overview of the ways in which the law applies to, and impacts upon, the UK Parliament, and it considers how recent changes to the UK's constitutional arrangements have affected Parliament as an institution. It includes authoritative discussion of a number of issues of topical concern, such as: the operation of parliamentary privilege, the powers of Parliament's select committees, parliamentary scrutiny, devolution, English Votes for English Laws, Members' conduct and the governance of both Houses. It also contains chapters on financial scrutiny, parliamentary sovereignty, Parliament and human rights, and the administration of justice. Aimed mainly at legal academics, practitioners, and political scientists, it will also be of interest to anyone who is curious about the many fascinating ways in which the law interacts with and influences the work, the constitutional status and the procedural arrangements of the Westminster Parliament.



Parliamentary Sovereignty in the UK Constitution

Parliamentary Sovereignty in the UK Constitution Author Michael Gordon
ISBN-10 9781782255802
Release 2015-04-30
Pages 262
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The status of the doctrine of parliamentary sovereignty in the contemporary UK Constitution is much contested. Changes in the architecture of the UK Constitution, diminishing academic reverence for the doctrine, and a more expansive vision of the judicial role, all present challenges to the relevance, coherence and desirability of this constitutional fundamental. At a time when the future of the sovereignty of Parliament may look less than assured, this book develops an account of the continuing significance of the doctrine. It argues that a rejuvenation of the manner and form theory is required to understand the present status of parliamentary sovereignty. Addressing the critical challenges to the doctrine, it contends that this conception of legally unlimited legislative power provides the best explanation of contemporary developments in UK constitutional practice, while also possessing a normative appeal that has previously been unrecognised. This modern shift to the manner and form theory is located in an account of the democratic virtue of parliamentary sovereignty, with the book seeking to demonstrate the potential that exists for Parliament Â? through legislating about the legislative process Â? to revitalise the UK's political constitution.



Principles of European Constitutional Law

Principles of European Constitutional Law Author Armin von Bogdandy
ISBN-10 9781847315502
Release 2009-12-03
Pages 856
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For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven



Law and Democracy in Neil MacCormick s Legal and Political Theory

Law and Democracy in Neil MacCormick s Legal and Political Theory Author Agustín José Menéndez
ISBN-10 904818942X
Release 2011-03-29
Pages 298
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This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing. Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field. Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.



Sword and Scales

Sword and Scales Author Martin Loughlin
ISBN-10 9781847316783
Release 2000-07-24
Pages 256
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This short and accessible book provides a provocative re-assessment of the various tangled relationships between law and politics and in so doing examines legal and political thinking on such critical areas as justice,the state, constitutionalism and rights. It introduces lawyers especially to certain important themes in some of the key texts in political thought and introduces political scientists to the legal dimensions of a number of central themes of political studies. Written by one of the leading theorists in constitutional law, the book should prove to be an indispensable companion for any student or teacher interested in law and politics. Contents I. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. Conclusions



A Culture of Rights

A Culture of Rights Author Michael James Lacey
ISBN-10 0521446538
Release 1992-11-27
Pages 474
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New insights into the rights thinking and consciousness at the core of American political culture.



Dimensions of Dignity

Dimensions of Dignity Author Jacob Weinrib
ISBN-10 9781107084285
Release 2016-08-04
Pages 300
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Offers a public law theory that elaborates the idea of human dignity to illuminate and justify innovations in constitutional practice.



The Constitution of Law

The Constitution of Law Author David Dyzenhaus
ISBN-10 9781139460507
Release 2006-10-05
Pages
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Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.



Israeli Constitutional Law in the Making

Israeli Constitutional Law in the Making Author Gideon Sapir
ISBN-10 9781782251859
Release 2014-07-18
Pages 578
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In the domain of comparative constitutionalism, Israeli constitutional law is a fascinating case study constituted of many dilemmas. It is moving from the old British tradition of an unwritten constitution and no judicial review of legislation to fully-fledged constitutionalism endorsing judicial review and based on the text of a series of basic laws. At the same time, it is struggling with major questions of identity, in the context of Israel's constitutional vision of 'a Jewish and Democratic' state. Israeli Constitutional Law in the Making offers a comprehensive study of Israeli constitutional law in a systematic manner that moves from constitution-making to specific areas of contestation including state/religion relations, national security, social rights, as well as structural questions of judicial review. It features contributions by leading scholars of Israeli constitutional law, with comparative comments by leading scholars of constitutional law from Europe and the United States.



Essays on the History of Parliamentary Procedure

Essays on the History of Parliamentary Procedure Author Paul Evans
ISBN-10 9781509900220
Release 2017-12-28
Pages 368
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8 February 2015 marked the 200th anniversary of the birth of Thomas Erskine May. May is the most famous of the fifty holders of the office of Clerk of the House of Commons. His continued renown arises from his Treatise upon the Law, Privileges, Proceedings and Usage of Parliament, first published in 1844 and with its 25th edition currently in preparation. It is known throughout those parts of the world that model their constitutional arrangements on Westminster as the 'Bible of Parliamentary Procedure'. This volume celebrates both the man and his book. Bringing together current and former Clerks in the House of Commons and outside experts, the contributors analyse May's profound contribution to the shaping of the modern House of Commons, as it made the transition from the pre-Reform Act House to the modern core of the UK's constitutional democracy in his lifetime. This is perhaps best symbolised by its enforced transition between 1834 and 1851 from a mediaeval slum to the World Heritage Palace of Westminster, which is the most iconic building in the UK. The book also considers the wider context of parliamentary law and procedure, both before and after May's time. It constitutes the first sustained analysis of the development of parliamentary procedure in over half a century, attempting to situate the reforms in the way the central institution of our democracy conducts itself in the political contexts which drove those changes.



Judicial Power Democracy and Legal Positivism

Judicial Power  Democracy and Legal Positivism Author Tom D. Campbell
ISBN-10 9781351924641
Release 2017-03-02
Pages 452
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In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian constitutional law.



New Directions in European Public Law

New Directions in European Public Law Author J. Beatson
ISBN-10 9781901362244
Release 1998
Pages 198
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From two symposia in the winter and spring of 1997 at Cambridge, England, 13 essays analyze a cluster of issues arising in the European Union public law arena. Some deal with issues of liability and the availability of remedies in European and domestic law. Others take a broader view, looking at the phenomenon of cross-fertilization among national legal systems and between national systems and European Union law.



Studies in Law Politics and Society

Studies in Law  Politics  and Society Author Austin Sarat
ISBN-10 9781780526225
Release 2012
Pages 246
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This volume of Studies in Law, Politics, and Society contains an international and interdisciplinary array of legal scholarship. Presenting diverse theoretical perspectives and methodological approaches, this work illuminates the laws response to its social context as well as the way law shapes that context. It shows how legal scholars contribute to public debate about contemporary issues as well as how they articulate the nature of rights and the limits of law.



The Constitution of Finland

The Constitution of Finland Author Jaakko Husa
ISBN-10 1841138541
Release 2011
Pages 254
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This book deals with the living Constitution of Finland, with an emphasis on constitutional history, culture, and practice. 'Culture' here refers to the cognitive long-term social or mental structure which makes it possible for politicians, civil servants, judges and lawyers to grasp the constitutional environment in which they exist. Finland is a small modern, democratic Nordic country with a politically stable welfare system and a constitutional history dating back to the 1700's which contains remnants of Swedish rule, Russian rule, and the period of independence since 1917. It also contains several inner tensions: parliamentarism versus presidentialism, a high level of constitutionalism versus a virtual lack of constitutional judicial review, and a formally rigid but actually flexible constitution. The book offers a realistic but critical overview of the Finnish constitution, while also discussing fundamental questions about the very nature of constitution and constitutionalism. In addition, the constitutional effect of the EU and the European Convention on Human Rights are discussed and, where appropriate, a specific comparative dimension is added. The book is written in an uncomplicated manner and is aimed at those not familiar with the system, providing an introduction and first orientation without excessive detail. Each chapter concludes with a list of further reading and relevant websites.



The National Security Constitution

The National Security Constitution Author Paul F Scott
ISBN-10 9781509911035
Release 2018-05-17
Pages 208
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This book addresses the various ways in which modern approaches to the protection of national security have impacted upon the constitutional order of the United Kingdom. It outlines and assesses the constitutional significance of the three primary elements of the United Kingdom's response to the possibility of terrorism and other phenomena that threaten the security of the state: the body of counter-terrorism legislation that has grown up in the last decade and a half; the evolving law of investigatory powers; and, to the extent relevant to the domestic constitution, the law and practice governing international military action and co-operation. Following on from this, the author demonstrates that considerations of national security – as a good to be protected and promoted in contemporary Britain – are reflected not merely in the existence of discrete bodies of law by which it is protected at home and abroad, but simultaneously and increasingly leaked into other areas of public law. Elements of the constitution which are not directly and inherently linked to national security nevertheless become (by both accident and design) implicated in the state's national security endeavours, with significant and at times far-reaching consequences for the constitutional order generally. A renewed and strengthened concern for national security since September 2001 has, it is argued, dragged into its orbit a variety of constitutional phenomena and altered them in its image, giving rise to what we might call a national security constitution.