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This book analyses constitutional conventions as a powerful but largely neglected framework for studying the law and politics of constitutions.

Constitutional Conventions

Theories, Practices and Dynamics

Introduction: New Research Directions in Constitutional Conventions Nicholas Barry, Narelle Miragliotta, Zim Nwokora and Haig Patapan 1. What are Constitutional Conventions? Common Law, Legal Positivism and Liberal Perspectives Haig Patapan 2. Morality versus Strategy: Constitutional Conventions through the Lens of Political Motivation Zim Nwokora 3. Conventions All the Way Down: The Emergence of Parliamentary Conventions over MP Qualifications Graeme Orr 4. How Constitutional Actors Resist Conventions Without Breaking Them: The Case of UK's Salisbury Convention Narelle Miragliotta and Frank Algra-Maschio 5. How Do Constitutional Changes Affect Conventions and Constitutional Identity? A Case Study of a Republic in Australia Sarah Murray 6. Populism and Constitutional Conventions Nicholas Barry 7. The Breakdown of Constitutional Norms in the United States James P. Pfiffner 8. Strategic Development of Constitutional Conventions on Succession under Authoritarian State: The Case of China Baogang He 9. Constitutional Conventions in Central Europe: When Two Are Doing the Same It Is Not Always the Same David Kosä &amp; Attila Vincze

Leonard Cohen's artistic career is unique. Most poets and novelists do not become rock stars. No other rock star's career peaked in their eighth decade as Leonard Cohen's did. Cohen's popularity is still growing following his death. In The World of Leonard Cohen, a team of international scholars and writers explore the various dimensions of the artist's life, work, persona, and legacy to offer an authoritative and accessible summation of Cohen's extraordinary career. His relation to key themes and topics - Judaism, Buddhism, Christianity, Zen and the East, the Folk tradition, Rock &amp; Roll, Canadian and world literature, film - are all addressed. The World of Leonard Cohen offers a comprehensive, uniquely informed and wholly fresh account of this iconic songwriter and artist, whose singular voice has permanently altered our cultural landscape.

The World of Leonard Cohen

What is tradition in American constitutional law, and what is its enduring appeal in American culture? In The Constitution of Practice, Marc O. DeGirolami presents and defends his theory of constitutional law, one rooted in our political, legal, and cultural experience. He argues that constitutional traditions are the ways in which we manifest, give concrete form to, and transmit political excellence across time. He explains how traditions also bind us to one another, strengthening the civic affection necessary to a democratic republic. Responding to several criticisms, the author discusses the relationship of constitutional method and American politics, evaluating traditionalism's political adhesion and its prospects in the coming decades. At a time when Americans increasingly do not trust their institutions, DeGirolami explores how a traditionalist approach to the Constitution can begin to repair the disaffection that many now feel for their legal institutions.

On Law and Tradition

The Constitution of Practice

A rich history of the development of American minimum wage policy with lessons for today. Despite broad popular support for robust minimum wage policy, the federal minimum wage is now worth less--in real, inflation-adjusted terms--than at any time since 1949. While some state and local governments have stepped in to fill this void, others have declined to set any minimum wage standard at all. Traversing more than 100 years of history, Raising the Floor examines how interest groups have navigated the highly decentralized American political system to shape the development of federal, state, and local minimum wage laws. In her analysis, Shanna Rose highlights the importance of American federalism. She argues that because federalism creates multiple arenas for policy change, interest groups have sought out the sites most conducive to their goals, shifting their lobbying efforts as new obstacles and opportunities emerge. Federalism has facilitated minimum wage policymaking by fostering policy experimentation, learning, and diffusion across states and by allowing state and local governments to overcome gridlock and status-quo biases at the national level. Yet, federalism has also been an instrument for containment, enabling those opposed to minimum wage increases to litigate and preempt local-level laws. With rich historical chapters that illuminate different phases in the development of today's patchwork of wage standards, Raising the Floor is a deep examination of the past, present, and future of American minimum wage law.

Federalism and the Politics of Us Minimum Wage Policy

Raising the Floor

Money in political campaigns is a subject of endless current interest and enormous consequence for American democracy. Beginning in 1976, in Buckley v. Valeo, the Supreme Court established a framework for public campaign regulation that declared that money constitutes "speech" and that the only constitutional basis upon which the government can regulate money was to prohibit corruption or the appearance of corruption. The Court then defined corruption narrowly and held that direct "contributions" to candidates could be limited on that basis but that "expenditures," by political candidates and others, could not. Over time as the role of money became more and more serious in politics the Court in a number of decisions seemed to be turning more willing to accept regulation. But in Citizens United v. Federal Election Commission, the new conservative Supreme Court sharply turned against permitting regulation, including of corporations. Today that regime of nearly full protection for anyone spending virtually any amount of money for or against candidates and issues remains securely in place. The question, after a half century of this system, is whether this interpretation of the First Amendment is sound or not. If yes, then what are the justifications and what will be the consequences? If not, then what are alternative interpretations and what would the world be like under each one? The contributors, all scholars and experts in this area, give their interpretations and proposals.

Fifty Years of Supreme Court Decisions and Campaign Finance Reforms

Money, Politics, and the First Amendment

Volume II: The Internal Market

Oxford Principles of European Union Law

AI and Constitutional Law in Europe

Democracy in the Age of Disinformation

This groundbreaking volume shatters many longstanding myths about the Declaration of Independence. Although states-rights advocates have long claimed that the Declaration created thirteen independent nations, Carlton F. W. Larson shows that the Declaration announced the birth of a new nation: the United States of America, a nation governed by an unwritten constitution in which the states were confederated and subject to national authority from the very beginning. Larson counters libertarian claims that the Declaration views government as a necessary evil, demonstrating instead how it embraces constitutionalism, active government, and the rule of law as positive goods. Along the way, Larson debunks other myths, such as the notion that the Declaration is the parchment text enshrined in the National Archives and that it was authored by Thomas Jefferson. By exploring the true meaning of the Declaration of Independence, One Nation Under Law helps us better understand America itself.

The Meaning of the Declaration of Independence

One Nation Under Law

Very Short Introductions

Very Short Introductions: Brilliant, Sharp, Inspiring Contract law supports and regulates the activity of contract making, and in doing so, supports and regulates the most important aspects of human life: our freedom, our welfare, and our sense of fairness and community. It allows us to project our intentions into the future and plan actions that require concrete pre-commitments. In doing so, it must lay down the rules of contract making - what it is, how we do it, what we can get from it, and what happens when things don't go to plan. This Very Short Introduction shows how contract law prescribes the conditions for the cooperation and coordination that construct the marketplace by ensuring agreements are voluntary, maintaining reciprocity between parties, and providing remedies when contracts are breached. It describes how the detailed rules governing these functions, and how courts apply them, emerge from a delicate balancing of the five competing values that varies over time and societies: freedom, fairness, community welfare, efficiency, and practical workability. The contemporary challenge is to regulate contract making in the digital environment to protect consumers from exploitation while not stifling the innovation. Contract law reveals the architecture of human cooperation and coordination: how we've learned to trust strangers, coordinate complex activities, and built a global civilization. Understanding contract law means understanding what makes us human. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

A Very Short Introduction

Contract Law

This engaging book provides a clear and comprehensive account of the legal system of Northern Ireland. For many years it has been a go-to source for students and practitioners of law, yet is also accessible to readers with no prior legal knowledge. The book begins by explaining how Northern Ireland became a separate legal jurisdiction, what its current constitutional arrangements are, how its legislation is made and what kind of courts and judges it has. It then looks at when international law is of importance in Northern Ireland, explaining the role of documents such as the Windsor Framework and the European Convention on Human Rights. There follow chapters on laws applying to public bodies, on institutions involved in criminal justice and on rules governing criminal trials. A chapter on 'private law' summarises numerous important fields such as consumer law, employment law, succession law and family law. The book concludes with explanations of how civil cases are processed through Northern Ireland's courts and of the role of lawyers and legal aid schemes. The appendices set out sample sources of law for illustrative purposes. This new edition, now co-authored, has been thoroughly updated with a view to making it even more informative and relevant to readers' needs. It is a 'must have' for anyone wanting to come to grips with the detailed features of a jurisdiction which has long been the subject of political contention and which is constantly developing.

Law in Northern Ireland

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

Collected Courses of the Academy of European Law

EU Administrative Law covers all dimensions of the administrative system in the EU and the principles of judicial review that apply in this area. Part I is entitled 'Foundations' and has two chapters, the first dealing with the historical development of the administrative system and administrative typology, the second dealing with the foundations of judicial review. Part II, which has seven chapters, is entitled 'Administration and Law', the focus being on the different ways in EU policy is administered, and the role of law and politics therein. There are chapters on Crisis, Reform and Constitutionalization; Centralized Management; Shared Management; Comitology; Agencies; Open Method of Coordination; and Social Partners. Part III has seventeen chapters, and is concerned with 'Law and Administration'. The precepts of judicial review are explicated, and set within the broader frame of the workings of the EU. The chapters are as follows: Courts; Access; Process; Transparency; Competence and Subsidiarity; Law, Fact and Discretion; Rights and Values; Equality; Legitimate Expectations and Legal Certainty; Proportionality I: EU; Proportionality II: Member States; Precautionary Principle; AI Systems and Automated Decision-Making; Internal Review and Appeal; Ombudsman; Judicial Remedies I: The EU; Judicial Remedies II: Member States. The approach throughout the book is to provide accessible and informed analysis of the law (in terms of Treaty provisions, EU legislation, and case law), relevant documentation from EU institutions and national institutions, and related academic commentary.

EU Administrative Law

Constitutional Conventions

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