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Tshilombo J: DÉBOUT POUR VOS DROITS - Ce
Que La Couronne Ne Veut Pas Que Vous Sa

DÉBOUT POUR VOS DROITS - Ce Que La Couronne Ne Veut Pas Que Vous Sachiez

Learnings from Stability Theory of Complex Systems

The Resilience of Democracy

Key Ideas in Law

This book provides an account of the most important and controversial aspects of the principle of legality in the United Kingdom. The principle of legality describes a method of statutory interpretation that empowers courts to prevent fundamental common law values from being overridden by unclear legislation. However, it makes more sense to think of multiple principles of legality, rather than a single concept. The book provides a fresh and detailed perspective on a controversial aspect of the common law. It will be useful for students of law and politics, legal practitioners and scholars. It explores the many complexities surrounding the historical origins, fields of application, mode of operation, and subject matter of the principle of legality. Despite its long history, the term 'principle of legality' only began to be used in public law cases towards the end of the twentieth century. More recently, judicial references to the principle of legality in high profile constitutional law cases have fuelled broader concerns about judicial overreach. The book argues that these concerns are unfounded, and deeper principles of legality are required.

Key Ideas in Law: The Principle of Legality

This book explores the historical, comparative and global dimensions of the constitutional phenomenon. From the origins of constitutionalism to the diverse trajectories of North American and European constitutionalism, the book considers pivotal moments in the emergence and evolution of formal Constitutions as the main structure of constitutional governance. It presents a critical inquiry into the realities that lie beneath the surface of formal constitutional documents. From the struggles for democratic governance in Latin America to Asia's delicate balance between tradition and modernity and Africa's post-colonial arrangements, the book poses a critical query: amidst the promises of democratic ideals, do formal Constitutions always translate into effective governance? What are the lessons of 'facade' Constitutions on the tension between formal documents and the realities of governance? The book explores the past and present of constitutional governance in the first quarter of the 21st century and offers insights on the future of constitutionalism. By assessing the normative quality of Constitutions and exploring the intrinsic link between them and representation, it offers an understanding of the essence and trajectories of constitutional thought and practice. The Rise of Constitutionalism is a must-read for anyone fascinated by the enduring legacy and evolving nature of the constitutional phenomenon.

A Global Perspective

The Rise of Constitutionalism

This volume explores the state of representative democracy on the global stage. It does this against the backdrop of crises such as the USA Capitol attack on 6 January 2021, recent refusals to accept election results in various countries, and attempts to restrict the voting franchise, as well as longer-term trends such as the rise of populism and declining trust in political elites. The first substantive chapter examines representative democracy in theory, history and practice today. Taking the representative model as their point of departure, the subsequent chapters explore a range of themes in relation to this model. The contributions include timely reappraisals of democracy in countries, such as the UK and USA, with old, well-established democratic structures, as well as analyses of the state of democracy in regions such as Africa, Asia and South America, where democracy has had a more chequered history. Across all of its chapters, the book invites readers to rethink fundamental questions about representative democracy: Why is it valuable? How should it be organised? Do steps need to be taken to strengthen representative democracy, and if so, what are those steps? The volume's target audience - politicians, public servants and interested members of the public - are provided with arguments and evidence to form their own views at a time when the ideals and practices of representative democracy are being challenged around the world, and new ideas and initiatives to revitalise it are being debated and implemented.

The Putney Debates 2023

Democracy in Crisis?

This book is an insightful, thought-provoking study of one of the world's most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. 

This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

The European Court of Justice and its Critics

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

International Studies in the Theory of Private Law

Constitutional Rights in Private Law

Cornerstone on...

Inquests and inquiries form a distinct area of law in which the aim of the tribunal is to discover what happened, rather than who is right, wrong, or at fault. Cornerstone on Inquests and Inquiries provides an accessible, go-to guide to this area of practice, useful for both practitioners and parties involved. It looks at the field as a whole, acknowledging the commonalities between inquests and public inquiries, and providing a practical approach to each. The book also covers the field of parliamentary inquiries.

Cornerstone on Inquests and Inquiries

This open access book establishes an interpretative framework by means of a functionalist-originalist reading of EU law and comparative federalism, in particular US constitutional law. The EU is undergoing one of the most profound structural crises of its history, relating to the rule of law and fundamental rights. The author conceptualises the existential question in terms of ontology, constitutional legitimacy, doctrine and institutional process. By providing the first conceptual methodology (based on comparative federalism and focusing on law and rights) the book develops proposals which can be used to address the EU's current constitutional challenges. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

A Comparative Perspective

The Diagonality Problem of the EU Rule of Law

Theory, Practice and Problems

Automation in Governance

Environmental NGOs and Access to Justice Before the Cjeu

Hart Studies in Constitutional Theory

This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. It does so on three main grounds: anachronism, 'othering' and cultural specificity. Main pillars of 'convergent constitutional theory' are rooted in the revolutionary, late-eighteenth century - a lost world; constitutional arrangements that deviate from the paradigm are often branded as 'outliers' or even as not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. Whatever the attractions of convergent theory as a normative ideal of good government, for the purposes of understanding, analysing and explaining constitutional systems it is far from ideal. This book discusses and questions: convergent theory's weddedness to writing as the technology of constitution-making; its image of a constitution as fundamental law; its idea that a constitution expresses the 'sovereignty of the people'; its use of tripartite separation of powers as the basic principle of institutional design; its relative neglect of administrative law; its association of 'rights' with judicially enforceable bills of rights; and its obsession with a vaguely specified concept of 'democracy'. It makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.

The Distorting Lens of Convergent Constitutional Theory

DÉBOUT POUR VOS DROITS - Ce Que La Couronne Ne Veut Pas Que Vous Sachiez

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