A Theory of Quasi-Constitutional Legislation
In: (2016) 53:2 Osgoode Hall Law Journal 508
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In: (2016) 53:2 Osgoode Hall Law Journal 508
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"Hilaire Barnett's Constitutional and Administrative Law has consistently provided students with reliable, accessible and comprehensive coverage of the Public Law syllabus. Mapped to the common course outline, the Fifteenth edition equips students with a thorough understanding of the UK constitution's past, present and future by analysing and illustrating the political and socio-historical contexts that have shaped the major rules and principles of constitutional and administrative law, as well as ongoing constitutional reform. This edition has been fully updated throughout, including a restructure to Chapters 22 and 26, as well as additional pause and reflect sections in order to aid student understanding of this complex area of the law. The online digital content also includes updates to the Multiple Choice Questions, Instructor Test Bank and Web Links. Ideal for students studying constitutional and administrative law for the first time, this is an indispensable guide to the challenging concepts and legal rules in public law"--
In: Journal für Rechtspolitik: JRP, Band 23, Heft 1, S. 44-55
ISSN: 1613-754X
In: The International Journal of Constitutional Law, Band 13, Heft 4, S. 2015
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In: International Journal of Constitutional Law, Forthcoming
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Authors of constitutional law casebooks traditionally have presented their subject through Supreme Court opinions arranged under the three general groupings of judicial review, distribution of powers (federalism and separation of powers), and individual liberties. This organizational consensus rests upon two widely held and deep beliefs: a basic course in constitutional law should (1) consist of a rigorous and sustained study of substantive doctrine and (2) be undertaken principally through a detailed examination of Supreme Court decisions, albeit supplemented in varying degrees by authors' questions and law review excerpts. Paul Brest's Processes of Constitutional Decisionmaking poses a formidable challenge to this standing wisdom. The book is divided into two parts. Part I concentrates on the process by which constitutional principles are derived by any decisionmaker, whether that person be judge, legislator, or executive official, and Part II addresses the special role of the judiciary in constitutional exegesis. In place of substantive doctrinal exposition, Professor Brest's focus is on questions of process and methodology which cut across the standard substantive topics. Indeed, six of his fifteen chapters are entirely process-oriented; while the remaining nine chapters center on substantive doctrinal exposition within the traditional three groupings, even here the emphasis is upon methodology.
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In: International Journal of Constitutional Law 611-614
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In: University of Pennsylvania Journal of Constitutional Law, Band 15, Heft 1
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In: Routledge research in constitutional law
"This book provides an up-to-date interdisciplinary assessment of the accountability of the executive power in different European States and at the European Union level. From a legal perspective, it wonders to what extent the forms of responsibility and accountability of executive power have evolved in terms of legal technique or framework. From a historical perspective, it looks at the evolution of responsibility paradigms. From a political science perspective, it examines responsibility and the expectations of European democracies in terms of authority and efficiency. The volume also has a quantitative aspect identifying, gathering and analysing statistical material on responsibility and accountability in current political regimes. The book will be a valuable resource for researchers, academics and policy-makers in Constitutional Law and Politics, Public Law, Comparative Law, Comparative Politics, Legal History and Government"--
On September 19, 2015, the National Diet of Japan enacted a series of statutes which enable the government to exercise the right of collective self-defense. One of the statutes also enables the government to dispatch the Self-defense Forces to take charge of logistics for foreign military forces waging wars. This enactment symbolises Japan's turn of course regarding its long-held stance on constitutional pacifism. Pacifism maintained under the Constitution of Japan was not pure pacifism rejecting any use of force. The successive governments held that the right of individual self-defense, in other words, the right to use force in order to repel on-going or imminent, unlawful armed attack against Japan itself, could be exercised under the Constitution. However, past governments maintained that the right of collective self-defense, which is to be invoked when foreign states are under military attack and request support from Japan, is clearly prohibited under Article 9 of the Constitution.
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In: Adam Mickiewicz University Law Review, Band 8, S. 237-250
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In: Controversies in constitutional law
In: The British journal of politics & international relations, Band 7, Heft 3, S. 460-467
ISSN: 1369-1481
A review essay on books by (1) David Arter, The Scottish Parliament: A Scandinavian-Style Assembly? (London: Frank Cass, 2004); (2) Nicholas Bamforth & Peter Leyland, Public Law in a Multi-Layered Constitution (Oxford: Hart, 2003); (3) Chris Himsworth & Christine O'Neill, Scotland's Constitution: Law and Practice (Edinburgh: LexisNexis UK, 2003); (4) Martin Loughlin, The Idea of Public Law (Oxford: Oxford U Press, 2003); (5) Jean McFadden & Mark Lazarowicz, The Scottish Parliament: An Introduction [3rd edition] (Edinburgh, LexisNexis, 2003); (6) Henry McLeish, Scotland First: Truth and Consequences (Edinburgh: Mainstream, 2004); (7) James Mitchell, Governing Scotland: The Invention of Administrative Devolution (Basingstoke: Palgrave Macmillan, 2003); (8) Jane Munro, Public Law in Scotland (Edinburgh: W. Green, 2003); (9) Rick Rawlings, Delineating Wales: Constitutional, Legal and Administrative Aspects of National Devolution (Cardiff: U Wales Press, 2003); (10) Adam Tomkins, Public Law (Oxford: Oxford U Press, 2003); & (11) Alan Trench, Has Devolution Made a Difference?: The State of the Nations 2004 (Exeter: Imprint Academic, 2004).
Russia is experiencing a crisis that threatens the continued relevance of its Constitution. This is demonstrated first by Vladimir Putin's return to the presidency and the political crisis it has fueled. Second, it is shown by the Constitution's inability to remedy the political crisis due to the collapse of separation of powers and federalism in Russia, and severe party underdevelopment. Part A of this note discusses Russia's political crisis, namely the demise of democracy. Part B discusses the Constitution's injuries, specifically the collapse of federalism, the demise of the separation of powers, and the state's party underdevelopment. Together, these factors signify a constitutional crisis which can be cured only through substantive changes to the Constitution and Russia's electoral laws, and a normative shift in Russian politics.
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