Suchergebnisse

Constitutional law i the United Kingdom -- The legislative sovereignty of parliament -- The rule of law -- Judicial independence -- The royal prerogative and Constitutional Conventions -- Parliament : scrutiny of policy and administration -- Parliament : law-making -- Devolution -- Human rights -- Judicial review : the grounds -- The availability of judicial review -- Ombudsmen -- Statutory tribunals

This book examines the "constitutional faith" that has, since 1788, been a central component of American "civil religion." By taking seriously the parallel between wholehearted acceptance of the Constitution and religious faith, Sanford Levinson opens up a host of intriguing questions about what it means to be American. While some view the Constitution as the central component of an American religion that serves to unite the social order, Levinson maintains that its sacred role can result in conflict, fragmentation, and even war. To Levinson, the Constitution's value lies in the realm of the discourse it sustains: a uniquely American form of political rhetoric that allows citizens to grapple with every important public issue imaginable. In a new afterword, Levinson looks at the deepening of constitutional worship and attributes the current widespread frustrations with the government to the static nature of the Constitution.

In a legal system based on democracy and the rule of law, an important fundament for the different branches of law is found in constitutional law. Constitutional rules and principles provide democratic legitimacy of legislation and other forms of exercise of public power. Furthermore, such rules and principles limit the exercise of public power, notably through rules on fundamental rights and on transfer of authority to foreign states and international organisations. All these aspects may be relevant in relation to rules of private international law. However, constitutional aspects of private international law have gained little attention in Sweden. The article aims at identifying and discussing some important parts of the constitutional foundations for private international law in Sweden in the light of the rules and principles mentioned. It is concluded that both constitutional law and private international law may benefit from an increased awareness of the possibilities offered by cross-cutting perspectives. Especially, a constitutional perspective on private international law may clarify its place within the Swedish legal system, and thus possibly contribute to the general understanding of this field of law.

El derecho constitucional y la economía plantean preguntas como: "¿Cuál es el alcance del poder del Congreso de los Estados Unidos para regular el comercio?"; '¿Cuánta autoridad legislativa se puede delegar a los administradores?'; y '¿Cuándo debería ocurrir un cambio constitucional a través de una actualización judicial en lugar de una enmienda formal?' Para abordar estas cuestiones, el derecho constitucional y la economía combinan análisis positivo, normativo e interpretativo, por lo cual este texto aborda un importante y fértil programa de investigación. ; Constitutional law and economics pose questions such as: "What is the scope of the power of the U.S. Congress to regulate commerce"; "How much legislative authority can be delegated to administrators"; and "When should a constitutional change occur through a judicial update rather than a formal amendment". To address these issues, constitutional law and economics combine positive, normative, and interpretive analysis, so this text addresses an important and fertile research agenda.

Today's casebooks are far better adapted for fostering constitutional competency among lawyers than were their earlier counterparts. Part 1 of this Article traces the evolution of the constitutional law casebook from James Bradley Thayer's massive compilation of raw data in the Dean Langdell tradition, to the modern style of extensively edited cases with comments and questions to help students identify, anticipate, and assess potential avenues of analysis and development. Part 2 examines some basic concepts of federalism law still afforded too little attention by casebook editors. The classic analysis of enumerated powers (including Congress's power under the necessary and proper clause) was eclipsed a century ago by the rise of the misconceptions now commonly generalized as "dual federalism." Justice Stone led a revival of the classic approach beginning in 1937, but just as its operation under modern conditions was beginning to be made clear, Justice Black set a contrary course which led to federalism issues being treated for decades less as issues of law than as political questions. Part 3 details those developments, and Part 4 then discusses the challenge and opportunity facing casebooks now that federalism has attracted renewed judicial interest and constitutional opinion teeters between refining the viable, classic constitutional analysis of federal legislative power, and falling back on the old, discredited dual federalism idea.

At the threshold of the 21st century European Union gives a renewed sens of the concept of supranationality. This concept, basic aspiration as well as a perfectible principle of which end is integration, constitutes a dominant feature of European framework reflecting its sui generis nature. The concept of supranationality presupposes a complete legal system superposed to that of other member countries expressing the will peculiar to European identity. It is via the coming together of the States which this concept creates, that it reveals a social solidarity propicious to the development of a public system of values and to the advent of a global support that the organization needs to bloom. The original aspect of the supranational nature, as a new form of political organisation, is mainly the result of the relationships it has with States, and furthermore, with the individuals who are its subjects and whose common good is its objective. It is in European commitment the Nation-State finds the means of reinforcing itself. The constitutionalisation which brings to light the double aspect of the concept of national sovereignty, renders the State a mere instrument in the service of the nation. The Nation-State endows a status, which constitutes a kind of supranational conditioning, that proves the compatibility of the two legal systems. The adaptability shown by the Nation-State is by no way a sign of atrophy of its original principle of unity. The constitutional integration of supranationality gives the opportunity of consolidating its essence while reasserting the intangibility of its political unity. The respect of national membership and of the link between an individual and its nation seem to be the primary conditions on which depends the efficiency of the supranational traits. The individual, who is the ultimate subject of the supranational action as well as the source of its legitimacy, is the one through whom European organisation finds its raison d'être. ; L'Union européenne offre au 21ème siècle une image ...