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In: Canadian public policy: Analyse de politiques, Band 24, Heft 3, S. 403
ISSN: 1911-9917
La 4e de couverture indique : " Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Argentina provides essential information on the country's sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Argentina will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law."
This is the first event of the Transsystemic Law Series ; The University of Victoria follows a transsystemic method of teaching and thinking about law to educate across different legal orders, emphasize the relevance of Indigenous legal traditions to Canada, and contribute to understandings of law that are different from long-established legal views. Join the second presentation of our Transsystemic Law Series. Professor John Borrows will explain why a transsystemic approach to constitutional law contributes not only to understanding how different communities organize as distinctive political units, but also to giving Indigenous legal traditions equal footing with common and civil law traditions in Canada. ; UVic Graduate Student Law & Society Research Group ; Faculty ; Unreviewed
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In: Max Planck Encyclopedia of Comparative Constitutional Law (eds. Rainer Grote, Frauke Lachenmann, & Rüdiger Wolfrum), Oxford University Press, 2021
SSRN
Working paper
This article draws on the tradition of cosmopolitanism to offer a normative framework for the integration of democratic constitutional systems. The laterally conducted constitutional integration, which takes place outside formal institutional settings, remains under-theorized despite its transformative effect on constitutional law around the world. This article uses Kant's tripartite system of public law as presented in Perpetual Peace – ius civitatis (domestic political right), ius gentium (international political right), ius cosmopoliticum (cosmopolitan right) – to explain, defend and steer ongoing phenomena of constitutional integration. By contrast to other scholarly accounts, which associate a cosmopolitan view to top-down approaches to institutional reform at the international level or to universal moral demands, my account takes domestic constitutionalism as both starting and end points. In this sense, I defend a bottom-up version of cosmopolitanism. Cosmopolitanism from the ground-up preserves the primacy of the domestic jurisdictions: each domestic constitutional order retains the filter of its own discourse and structures as it integrates and internalizes the experiences of other constitutional orders. Cosmopolitanism helps to understand ongoing phenomena of constitutional integration because it rejects methodological nationalism in constitutional analysis. It also justifies these phenomena by showing that cross-jurisdictional integration is compatible with the constitutional democratic commitment to self-government.
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In: Constitutional law 4
This research review highlights the complex, dynamic relationship between citizenship - as membership status - and the constitutional law that provides the cornerstone of all polities. It shows the many different ways in which we must use constitutional law in order to fully understand how one becomes a citizen, and what the meaning of citizenship is. It also analyses the key works which cover national, transnational and international aspects of the topic, providing a particular focus on how constitutional law constructs and upholds the range of citizenship rights. This research review will be a valuable source of reference for students, academics and practitioners interested in citizenship and constitutional law