In its six-decade history, the German Federal Constitutional Court has become one of the most powerful and influential constitutional tribunals in the world.
In its six-decade history, the German Federal Constitutional Court has become one of the most powerful and influential constitutional tribunals in the world.
From the ancient origins of Just War doctrine to utilitarian and retributive theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power.
Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.
Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.
From the ancient origins of Just War doctrine to utilitarian and retributive theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power.
Judgement Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution?
An exploration of how and why the Constitution's plan for independent courts has failed to protect individuals' constitutional rights, while advancing regressive and reactionary barriers to progressive regulation.
An exploration of how and why the Constitution's plan for independent courts has failed to protect individuals' constitutional rights, while advancing regressive and reactionary barriers to progressive regulation.
The third wave of democracy that reached African shores at the end of the Cold War brought with it a dramatic decline from 1990 onwards in dictatorships, military regimes, one-party governments, and presidents for life.
The second volume in this series explores the evolution of administrative laws in Europe to better understand the foundations of EU institutions, focusing on the period of 1890-1910.
The second volume in this series explores the evolution of administrative laws in Europe to better understand the foundations of EU institutions, focusing on the period of 1890-1910.
Since the 1990 wave of constitutional reforms in Africa, the role of constitutional courts or courts exercising the power to interpret and apply constitutions have become a critical aspect to the on-going process of constitutional construction, reconstruction, and maintenance.
Since the 1990 wave of constitutional reforms in Africa, the role of constitutional courts or courts exercising the power to interpret and apply constitutions have become a critical aspect to the on-going process of constitutional construction, reconstruction, and maintenance.
EU law applies in a significant range of areas where public bodies take decisions that are susceptible to judicial review and it is an increasingly important element of the treatment of powers and remedies in public law.
EU law applies in a significant range of areas where public bodies take decisions that are susceptible to judicial review and it is an increasingly important element of the treatment of powers and remedies in public law.
Covering all of the substantive grounds on which a claim may be brought, this definitive new work provides unrivalled analysis and guidance on the law of judicial review.
Covering all of the substantive grounds on which a claim may be brought, this definitive new work provides unrivalled analysis and guidance on the law of judicial review.
As the Kadi-hype following the 2008 European Court of Justice judgment demonstrated, there are many problems associated with the judicial review of acts of international organizations.
Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation.
Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation.
In a comprehensive examination of the constitutional systems of Hong Kong, Malaysia, and Singapore, Po Jen Yap contributes to a field that has traditionally focussed on Western jurisdictions.
In a comprehensive examination of the constitutional systems of Hong Kong, Malaysia, and Singapore, Po Jen Yap contributes to a field that has traditionally focussed on Western jurisdictions.
Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia.
Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia.
Judgement Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution?