This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other…
Read MoreWhat sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy?
Read MoreThis book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law
Read MoreThis new book in the Constitutionalism in Asia series considers the idea of origins, and of change and continuity in terms of 'constitution-making', which is an on-going process in the Northeast Asian states.
Read MoreThis book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception…
Read MoreThis book examines New Zealand's constitution, through the lens of constitutional realism. It looks at the practices, habits, conventions and norms of constitutional life. It focuses on the structures, processes and culture that govern the exercise of public power…
Read MoreThis book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test…
Read MoreThis book analyses the unique constitutional system in operation in Thailand as a continuous process of bricolage between various Western constitutional models and Buddhist doctrines of Kingship.
Read MoreWhat is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions?
This open access book traces the promise and paradox of the American rule of law in three interwoven ways.
Read MoreThis book provides a contextual and authoritative overview of the principles, doctrines and institutions that underpin the Czech constitution…
Read MoreAre the courts our friend or our foe? Prompted by the constitutional crisis following the referendum of 2016, the Foundation for Law Justice and Society convened the second Putney Debates. Now convened on an annual basis, they provide a forum each year for the discussion of matters of constitutional importance…
Read MoreEnhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those…
Read MoreCorporations can significantly affect the fundamental rights of individuals. This book investigates what legal obligations they have to respect, protect and realise these rights. In doing so, it addresses important conceptual issues surrounding fundamental rights…
Read MoreDoes foreign aid promote human rights? As the world’s largest aid donor, the United States has provided foreign assistance to more than 200 countries. Deploying global numerical data on US foreign aid and comparative historical analysis of America’s post–Cold War…
Read MoreTwenty years after the outbreak of the threat posed by international jihadist terrorism, which triggered the need for democracies to balance fundamental rights and security needs, 9/11 and the Rise of Global Anti-Terrorism Law offers an overview of counter-terrorism and…
Read MoreThis book provides a hypothetical classification of constitutions through international law and human rights values used in any constitution, which draws connections between the inclusive standards of international law and human rights contained in the constitutions…
Read MoreThis book explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. In doing so, it seeks to bridge the gap between Internet Law and European and Constitutional Law.
Read MoreContemporary constitutionalism grants judges a considerable role. Guarantors of compliance with the highest standard, they ensure the proper functioning of public authorities and the protection of fundamental rights. The most heated political antagonisms…
Read MoreThis book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population…
Read MoreThis book makes a significant contribution to the ongoing global conversations on the various understandings of equality. It illuminates the many ways in which diverse equality guarantees clash…
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