Understanding Constitutional Issues

CQ Researcher is a current affairs periodical. The 17 CQ Researcher reports included in this collection are organized into four sections on governmental powers and structure, security, liberty, and eq

This book aids first-year law students in learning constitutional law and the underlying issues and questions common to cases. It outlines common themes in constitutional cases and methods of interpre

A major international textbook on EU constitutional law, it covers the structure, values, procedures, and policies of the EU. It deals with institutional issues, but also with substantive issues of ma

Time and Tax: Issues in International, EU, and Constitutional Law provides a definitive analysis of the key questions concerning the passage of time in tax treaty application. Time is a crucial dimens

If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, András Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European societies. Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond.

Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, co

Graham Walker boldly recasts the debate over issues like constitutional interpretation and judicial review, and challenges contemporary thinking not only about specifically constitutional questions bu

If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, András Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European societies. Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond.

Legal Guide for Police: Constitutional Issues is a valuable tool for students and law enforcement professionals, bringing them up to date with developments in the law of arrest, search and seizure, po

Graham Walker boldly recasts the debate over issues like constitutional interpretation and judicial review, and challenges contemporary thinking not only about specifically constitutional questions bu

The study of the Constitution and constitutional law is of fundamental importance to understanding the principles, prospects, and problems of America. American Constitutional Law provides a comprehens

One of the best-known, most comprehensive, and widely read Constitutional Law textbooks published today, CONSTITUTIONAL INTERPRETATION, Tenth Edition, is updated to reflect current issues and cases re

One of the best-known, most comprehensive, and widely read Constitutional Law textbooks published today, CONSTITUTIONAL INTERPRETATION, VOLUME I, Tenth Edition, is updated to reflect current issues an

One of the best-known, most comprehensive, and widely read Constitutional Law textbooks published today, CONSTITUTIONAL INTERPRETATION, VOLUME II, Tenth Edition, is updated to reflect current issues a

One of the best-known, most complete, and widely read Constitutional Law textbooks published today, CONSTITUTIONAL LAW, Ninth Edition, is updated to reflect current issues and cases relevant to you, t

One of the best-known, most complete, and widely read Constitutional Law textbooks published today, CONSTITUTIONAL LAW, Ninth Edition, is updated to reflect current issues and cases relevant to you, t

One of the best-known, most complete, and widely read Constitutional Law textbooks published today, CONSTITUTIONAL LAW, Ninth Edition, is updated to reflect current issues and cases relevant to you, t

This book brings together research on democratization processes and constitutional justice by examining the role of three generations of European constitutional courts in the transitions to democracy that took place in Europe in the twentieth century. Using a comparative perspective, the author examines how the constitutional courts during that period managed to ensure an initial full implementation of the constitutional provisions, thus contributing - together with other actors and factors - to the positive outcome of the democratization processes. European Constitutional Courts and Transitions to Democracy provides a better understanding of the relationship between transitions to democracy and constitutionalism from the perspective of constitutional courts.

In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today. The debate continues whether or not judges venture too f

This book brings together research on democratization processes and constitutional justice by examining the role of three generations of European constitutional courts in the transitions to democracy that took place in Europe in the twentieth century. Using a comparative perspective, the author examines how the constitutional courts during that period managed to ensure an initial full implementation of the constitutional provisions, thus contributing - together with other actors and factors - to the positive outcome of the democratization processes. European Constitutional Courts and Transitions to Democracy provides a better understanding of the relationship between transitions to democracy and constitutionalism from the perspective of constitutional courts.

The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy. This book is the first to provide systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts. This volume makes a significant contribution to the systematic and comparative study of constitutional courts, constitutional adjudication and constitutional developments in East and Southeast Asia and beyond.

The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy. This book is the first to provide systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts. This volume makes a significant contribution to the systematic and comparative study of constitutional courts, constitutional adjudication and constitutional developments in East and Southeast Asia and beyond.

What does it mean to be a constitutional state? What impact did apartheid have on democracy in South Africa? What are the key issues and dynamics in understanding South Africa's political position?Sou

This volume brings together essays by many of the leading scholars of comparative constitutional design from many perspectives to collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues. Bringing together positive and normative analysis, this volume provides state of the art in a field of growing theoretical and practical importance.

The study of the Constitution and constitutional law is of fundamental importance to understanding the principles, prospects, and problems of America. American Constitutional Law, Volume I, provides a

The study of the Constitution and constitutional law is of fundamental importance to understanding the principles, prospects, and problems of America. American Constitutional Law, Volume II, provides

Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance.Some of them believe that constitutionalism, traditionally thought t

This volume brings together essays by many of the leading scholars of comparative constitutional design from many perspectives to collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues. Bringing together positive and normative analysis, this volume provides state of the art in a field of growing theoretical and practical importance.

In this book, Christopher F. Zurn shows why a normative theory of deliberative democratic constitutionalism yields the best understanding of the legitimacy of constitutional review. He further argues that this function should be institutionalized in a complex, multi-location structure including not only independent constitutional courts but also legislative and executive self-review that would enable interbranch constitutional dialogue and constitutional amendment through deliberative civic constitutional forums. Drawing on sustained critical analyses of diverse pluralist and deliberative democratic arguments concerning the legitimacy of judicial review, Zurn concludes that constitutional review is necessary to ensure the procedural requirements for legitimate democratic self-rule through deliberative cooperation. Claiming that pure normative theory is not sufficient to settle issues of institutional design, Zurn draws on empirical and comparative research to propose reformed instituti

Based on current research, debates and concerns, Understanding Difficulties in Literacy Development: Issues and Concepts adopts a cross disciplinary approach to understanding and working with those w

Based on current research, debates and concerns, Understanding Difficulties in Literacy Development: Issues and Concepts adopts a cross disciplinary approach to understanding and working with those w

Constituting Equality addresses the question, how would you write a constitution if you really cared about gender equality? The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality. Each section of the book examines a particular set of constitutional issues or doctrines across a range of different countries to explore what works, where, and why. Topics include: governmental structure (particularly electoral gender quotas); rights provisions; constitutional recognition of cultural or religious practices that discriminate against women; domestic incorporation of international law; and the role of women in the process of constitution making. Interdisciplinary in orientation and global in scope, the book provides a menu for constitutional designers and others interested in how the fundamental legal order might more effectively promote gender equality.

Nationally recognized experts analyze how states deal with major constitutional issues.

In this book, Christopher F. Zurn shows why a normative theory of deliberative democratic constitutionalism yields the best understanding of the legitimacy of constitutional review. He further argues that this function should be institutionalized in a complex, multi-location structure including not only independent constitutional courts but also legislative and executive self-review that would enable interbranch constitutional dialogue and constitutional amendment through deliberative civic constitutional forums. Drawing on sustained critical analyses of diverse pluralist and deliberative democratic arguments concerning the legitimacy of judicial review, Zurn concludes that constitutional review is necessary to ensure the procedural requirements for legitimate democratic self-rule through deliberative cooperation. Claiming that pure normative theory is not sufficient to settle issues of institutional design, Zurn draws on empirical and comparative research to propose reformed instituti

Nationally recognized experts analyze how states deal with major constitutional issues.

This book addresses the constitutional issues, both in theory and in practice, that accompany the existence of national diversity in pluralist democracies. Tierney contends that the democratic plurina

In this excellent new book, Helen Irving delves into the mystery that is the Australian constitution by discussing the major national debates of recent years. Many people want to understand and take part in the debate about constitutional issues but they face a significant hurdle: the constitution is almost unreadable. It does not mean what it says, and nor does it say what it means. There are many myths in circulation about what the constitution says and as many assumptions about what it does. Helen Irving, one of this country's foremost constitutional experts, puts various constitutional confusions to rest, and invites a general audience into an understanding of the issues that were once reserved for experts.

Slavery, segregation, abortion, workers' rights, the power of the courts. These issues have been at the heart of the greatest constitutional controversies in American history. And in this concise and

How does the selection of judges influence the work they do in important constitutional courts? Does mixed judicial selection, which allows more players to choose judges, result in a court that is more independent and one that can check powerful executives and legislators? Existing literature on constitutional courts tends to focus on how judicial behaviour is motivated by judges' political preferences. Lydia Brashear Tiede argues for a new approach, showing that, under mixed selection, institutions choose different types of judges who represent different approaches to constitutional adjudication and thus have different propensities for striking down laws. Using empirical evidence from the constitutional courts of Chile and Colombia, this book develops a framework for understanding the factors, external and internal to courts, which lead individual judges, as well as the courts in which they work, to veto a law.

The constitutional identity of the Member States is a topic of increasing importance in understanding the interaction between the EU and its Member States. This is because the EU is enjoined to respect the constitutional identities of its Member States in accordance with Article 4(2) TEU. There is also a trend among Member States to articulate their constitutional identities, in particular in relation to European integration. In this regard, this volume fills a need in scholarship by presenting critical analyses of the constitutional identities of selected Member States. Leading and well-placed experts contribute country studies on a range of states, which are compared using a framework that can be applied to other Member States as well. The analyses and comparison of Member States' constitutional identities take place in the context of the EU's multilevel architecture.