Author: A.V. Dicey

Publisher: Oxford University Press

ISBN: 0199579822

Category: Law

Page: 522

View: 3616

In print for the first time in fifty years, The Oxford Edition of Dicey faithfully reproduces the first edition of Dicey's most influential work. This volume also includes the main addenda for the other editions, and the text of Dicey's inaugural lecture.
Read More

britische Verfassungsreformen im Spannungsfeld von Westminster Parliament, Common-Law-Gerichten und europäischen Einflüssen

Author: Gernot Sydow

Publisher: Mohr Siebeck

ISBN: 9783161487583

Category: Law

Page: 127

View: 4730

English summary: Since 1997/98 in particular, the traditional British constitutional system has been undergoing extensive reforms which affect the core of the constitution. Gernot Sydow studies the structural principles of this process of constitutional reform from a German point of view. He reconstructs the current constitutional debates in Great Britain, seeing them as the sum of sovereignty and legitimacy conflicts which have not been discussed and settled. According to the author, the constitutional reforms in Britain are gradually being brought into line with the constitutional traditions in continental Europe. European influences, however, appear to function as catalysts which are speeding up the process of British constitutional reforms rather than as decisive reasons for reform. German description: Die uberkommene britische Verfassungsordnung ist insbesondere seit 1997/98 Gegenstand weitreichender Reformen, die die Verfassung in ihrem Kern beruhren. Gernot Sydow arbeitet ubergreifende Strukturprinzipien dieses Verfassungsreformprozesses heraus und konstatiert eine allmahliche Ablosung der uberkommenen politischen Verfassungsordnung durch eine rechtsnormative Verfassung. Er rekonstruiert die gegenwartigen verfassungsrechtlichen Auseinandersetzungen in Grossbritannien als Summe nicht ausgetragener Souveranitats- und Legitimitatskonflikte: zwischen Westminster Parliament und Common-Law-Gerichten, zwischen Parlamentsgesetzen und common law, zwischen Parlamentssuprematie und rule of law, zwischen nationaler Souveranitat und europaischer Integration. Der Autor stellt die These auf, dass die britischen Verfassungsreformen eine gewisse Annaherung an kontinentaleuropaische Verfassungstraditionen bewirken, dass sie aber nicht primar europaische Einflusse verarbeiten. Soweit europaische Einflusse zu konstatieren sind, wirken sie als Katalysatoren, die den britischen Verfassungsreformprozess beschleunigen. Zentrale Verfassungsreformen mussen aber aus dem common law und der historisch gewachsenen britischen Verfassungsordnung selber erklart werden.
Read More

Author: Jan-Erik Lane

Publisher: Manchester University Press

ISBN: 9780719046483

Category: Political Science

Page: 294

View: 5735

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.
Read More

Author: Susan Millns,Noel Whitty

Publisher: Routledge

ISBN: 1135345538

Category: Law

Page: 324

View: 1106

Feminist scholarship can provide public lawyers with the critical tools and insights to respond to these new challenges. This collection begins a dialogue between public law and feminism by offering a range of perspectives on contemporary public law themes and topics.
Read More

A Study Showing the Play of Physical and Social Factors in the Creation of Institutional Law

Author: Morris M. Cohn

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584770325

Category: History

Page: 235

View: 1108

Cohn, Morris M. An Introduction to the Study of the Constitution; A Study showing the Play of Physical and Social Factors in the Creation of Institutional Law. Baltimore: The Johns Hopkins Press, 1892. xi, 235 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-38730. ISBN-13: 978-1-58477-032-9. IABN-10: 1-58477-032-5. Cloth. $50.* A systematic study of physical and social factors of United States society beginning with a discussion of law and sovereignty and its roots in Roman, German and English legal systems. Cohn traces the development of group life, cities, slavery and serfdom, the influence of war, trade, barter, infrastructures, agriculture and the natural outgrowth of these societal factors into the United States Constitution as well as law of property, domestic relations, obligations and procedure.
Read More

notes on Blackstone's Commentaries, shewing the variations of the law of Pennsylvania from the law of England, and what acts of Assembly might require to be repealed or modified; observations on Smith's edition of the laws of Pennsylvania; strictures on decisions of the Supreme Court of the United States, and on certain acts of Congress, with some law cases, and a variety of other matters, chiefly original

Author: Hugh Henry Brackenridge,Sir William Blackstone,Charles Smith

Publisher: N.A


Category: Common law

Page: 588

View: 7028

Read More

An Introduction

Author: Anthony Wright,Rob Clements

Publisher: Psychology Press

ISBN: 9780415049665

Category: Political Science

Page: 393

View: 9094

Written by those close to the political process, The British Political Processprovides an authoritative, reliable and manageable guide to understanding all the key elements of government and politics in Britain.
Read More

Author: R. A. Duff,Lindsay Farmer,S. E. Marshall,Massimo Renzo,Victor Tadros

Publisher: OUP Oxford

ISBN: 0191655287

Category: Law

Page: 250

View: 9176

The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.
Read More

Author: Chantal Stebbings

Publisher: Cambridge University Press

ISBN: 9780521107518

Category: Law

Page: 380

View: 6713

This 2007 book is a comprehensive elucidation of the legal historical foundations of a major contemporary public institution, the statutory tribunal.
Read More

An Introduction

Author: Bryan Gibson

Publisher: Waterside Press

ISBN: 1906534721

Category: Political Science

Page: 160

View: 9413

This timely publication explains the duties and responsibilities of the Ministry of Justice created in 2007.
Read More

Author: Michael Allen,Brian Thompson

Publisher: Oxford University Press

ISBN: 0199579040

Category: Law

Page: 737

View: 3404

Filling a need for a case and materials book on constitutional and administrative law, this textbook reflects the latest thinking particularly in relation to the European Communities.
Read More

Emergency Powers in Theory and Practice

Author: Oren Gross,Fionnuala Ní Aoláin

Publisher: Cambridge University Press

ISBN: 1139457756

Category: Political Science

Page: N.A

View: 3863

The terrorist attacks of September 11, 2001, and the ensuing 'war on terror' have focused attention on issues that have previously lurked in a dark corner at the edge of the legal universe. This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions, bringing together insights gleaned from the Roman republic and Jewish law through to the initial responses to the July 2005 attacks in London. Three models of emergency powers are used to offer a conceptualization of emergency regimes, giving a coherent insight into law's interface with and regulation of crisis and a distinctive means to evaluate the legal options open to states for dealing with crises.
Read More

Author: Lisa M Austin,Dennis Klimchuk

Publisher: OUP Oxford

ISBN: 0191045578

Category: Law

Page: 375

View: 5292

The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.
Read More

Principles and Problems of Power in the British Constitution

Author: Keith Syrett

Publisher: Macmillan International Higher Education

ISBN: 1137362693

Category: Law

Page: 328

View: 3780

This thought-provoking and engaging book provides an insightful examination of public law, exploring the complex relationship between institutions, individual and state, and offering both explanation and critical analysis. Public law is viewed against a backdrop of differing types of governmental power and the problems to which this may give rise, with a particular focus being given to recent changes in the British constitution. By placing public law in a broader context, the book seeks to take a different approach from that of a general textbook, thereby offering a fresh view of the subject that is topical, relevant and interesting. Whether used as introductory reading or as an ongoing companion to a main course text, it will provide a valuable perspective that will be of great benefit to law students and politics students alike. This new second edition has been comprehensively revised and updated to reflect recent developments in the law. A companion website featuring updates can be found at:
Read More

A Liberal Theory of the Rule of Law

Author: T. R. S. Allan

Publisher: Oxford University Press on Demand

ISBN: 9780199267880

Category: Law

Page: 331

View: 3566

'The many virtues of Constitutional Justice are evident throughout the piece. The author should be congratulated for even attempting to construct a normative theory of liberal constitutionalism... Constitutional Justice is a work that faithfully carries on the grand tradition of normative legal thought. No small task, and Allan succeeds admirably.' -Law and Politics Book ReviewThis book offers a systematic interpretation of the ideal of the rule of law, arguing that the principles it identifies provide the foundations of a liberal democratic legal order. It explains the essential connections between a range of matters fundamental to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The principles of public law are interpreted in the light of liberal legal and political philosophy.Readership: Scholars and students of law, philosophy, and politics
Read More

Freedom, Constitution and Common Law

Author: T.R.S. Allan

Publisher: Oxford University Press

ISBN: 0199685061

Category: Law

Page: 361

View: 6531

The Sovereignty of Law presents Trevor Allan's most recent and fully elaborated defence of common law constitutionalism - an account of the unwritten or non-codified constitution as a complex articulation of legal and moral principles, defining what in the British context are the requirements of the rule of law. The British constitution is conceived as a coherent set of fundamental principles of the rule of law, legislative supremacy, and separation ofpowers. These principles combine to provide an overarching unity of legality, legitimacy, and democracy, reconciling political authority and individual freedom or autonomy. Allan's interpretative approach isapplied to wide range of contemporary issues of public law; his response to critics and commentators seeks to deepen the argument by exploring the theoretical grounds of these current debates and controversies.
Read More