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"This book is the first collection of its kind exploring common law constitutional rights. It offers a detailed and comparative analysis of the content and role of individual common law constitutional rights in judicial decision-making; and a series of essays offering a range of perspectives on the constitutional significance and rights implications of this development. There is a developing body of legal reasoning in the United Kingdom Supreme Court that has championed common law constitutional rights. Indeed various members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. This shift in legal reasoning has created a sense amongst both scholars and the judiciary that something significant is happening here, and was recently described by Lady Hale as 'UK constitutionalism on the march'. This collection brings together leading constitutional scholars to analyse this significant development for the first time"--

In the common law world, Albert Venn Dicey (1835-1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law.

"The fifth edition of Constitutional Law represents a significant update of the fourth edition, published in 2013. During this period, the Supreme Court of Canada has continued to develop the jurisprudence in all areas of constitutional law, including freedom of association, equality rights, Indigenous title, and inter-jurisdictional immunity. This book includes the complete text of the Canadian Constitution, including explanatory footnotes as consolidated by the federal Department of Justice. Professor Monahan authored the first three editions of this text, and invited Mr. Byron Shaw to join him as a co-author for the fourth edition. Mr. Padraic Ryan has now joined in this most recent revision. As with earlier editions, the aim of this text is to provide lawyers, academics, and law students with a general introduction to, and overview of, the basic elements of the Canadian Constitution. The authors discuss issues in sufficient detail so that the book will be of value to lawyers who encounter constitutional issues in their daily practice. Constitutional Law has been cited with approval by provincial and territorial appellate courts, as well as by the Supreme Court of Canada."--

LexisNexis Study Guide Constitutional Law is designed to assist students in learning the foundations for effective, systematic exam preparation and revision. Each chapter clearly identifies and explains the pertinent and often difficult topics within constitutional law. The most important and recent cases are summarised to consolidate practical understanding of the theoretical concepts

Intro -- Title Page -- Copyright Page -- The Author -- Table of Contents -- List of Abbreviations -- General Introduction -- 1. An Outline of Bulgarian Constitutional History -- 2. Characteristics of the Bulgarian State -- I. Parliamentary Republic -- II. Unitary State with Local Self-Government -- III. Popular Sovereignty and Democracy -- IV. The Separation of Powers -- V. Rechtsstaat, Constitutionalism and the Rule of Law -- VI. Welfare State -- 3. State Territory, Population and Demographics -- Part I. Sources of Constitutional Law -- Chapter 1. The Constitution -- 1. Characteristics -- 2. Amending the Constitution -- I. A Two-Track Procedure -- II. The Role of the Constitutional Court in Delimiting the Competences Between the Grand National Assembly and the National Assembly -- III. Constitutional Amendment by Forms of Direct Democracy -- IV. Entrenched Clause -- V. The Constitutional Amendments Which Have Already Been Accomplished -- 3. Hierarchy -- Chapter 2. Treaties -- 1. The Treaty-Making Power: Types of International Treaties According to the Bulgarian Constitutional Law -- 2. Hierarchy -- 3. System for Implementation of the International Treaties -- 4. Mixed Agreements Concluded Jointly by the EU and Its Member States and Third Parties -- Chapter 3. Legislation -- 1. Types of Legislation -- I. Acts of Parliament -- II. Special Majority Acts -- III. Reasons for the Lack of Delegated Legislation -- IV. Reasons for the Lack of Subnational Legislation -- 2. Hierarchy -- Chapter 4. Case Law -- Chapter 5. Unwritten Law -- 1. Conventions -- 2. General Principles of Law -- Chapter 6. Administrative Regulations and Orders -- 1. Classification -- 2. Hierarchy -- Chapter 7. Codification, Interpretation and Publication -- 1. Codification -- 2. Interpretation -- 3. Publication -- Part II. Form of Government.

The federal judicial power -- The federal legislative power -- The federal executive power -- Limits on state regulatory and texing power -- The structure of the Constitution's protection of civil rights and civil liberties -- Economic liberties -- Equal protection -- Fundamental rights under due process and equal protection -- First Amendment : freedom of expression -- First Amendment : religion.

The Supreme Court's authority and rule --Federalism : history and principles --The commerce power and its federalism-based limits --The national taxing and spending powers and their federalism-based limits --Federal limits on state regulation of interstate commerce --Separation of powers --The Post-Civil War amendments and the "incorporation" of fundamental rights --Due process --Equal protection --Congress's civil rights enforcement powers --Freedom of speech : categories of speech : degrees of protected expression --Freedom of speech : modes of regulation and standards of review --Beyond speaking : compelled speech, association, money and the media --The religion clauses : free exercise and establishment --Appendix.Table of justices.

Intro -- Title Page -- Copyright Page -- The Author -- Acknowledgements -- List of Abbreviations -- General Introduction -- 1. AN OVERVIEW OF SPANISH CONSTITUTIONAL HISTORY -- 2. THE DRAFTING OF THE 1978 CONSTITUTION -- 3. FORM OF GOVERNMENT -- I. The Social and Democratic State of Law -- A. The State of Law -- B. Superior Values of the Legal Order -- II. Parliamentary Monarchy -- III. The Autonomous State -- 4. THE TERRITORY OF THE STATE (GEOGRAPHICAL DATA) -- 5. POPULATION (DEMOGRAPHIC DATA) -- Part I. The Sources of Law -- Chapter 1. The Constitution -- 1. GENERAL CHARACTERISTICS -- I. A Consensual Normative Constitution -- II. A Final Constitution with a Complex Structure -- III. An Open Text: The Real Constitution -- 2. REFORM OF THE CONSTITUTION -- I. General Questions -- II. The Ordinary Reform Procedure -- III. The Extraordinary Reform Procedure -- Chapter 2. International Treaties -- 1. THE CONCLUSION OF TREATIES -- 2. THE INTEGRATION OF TREATIES IN THE SPANISH LEGAL SYSTEM -- Chapter 3. Laws and Norms with the Force of Law -- 1. CLASSES OF NORMS WITH THE FORCE OF LAW -- I. Ordinary Law -- II. Organic Law -- III. The Legislative Decree -- IV. Decree-Law -- V. Autonomous Law -- 2. THE INTER-RELATIONSHIP BETWEEN NORMS WITH THE FORCE OF LAW -- Chapter 4. Jurisprudence -- Chapter 5. Unwritten Law -- 1. CUSTOMARY LAW -- 2. THE GENERAL PRINCIPLES OF LAW -- Chapter 6. Regulations -- Chapter 7. Codification, Interpretation and Publication -- 1. CODIFICATION -- 2. INTERPRETATION -- 3. PUBLICATION -- Part II. The Form of Government -- Chapter 1. A General Overview -- 1. INTRODUCTION -- 2. POLITICAL PARTIES AND INTEREST GROUPS -- 3. MISCELLANEOUS: REFERENDUMS AND POPULAR INITIATIVES -- Chapter 2. The Head of State -- 1. DESIGNATION -- 2. LEGAL STATUS OF THE KING -- 3. FUNCTIONS OF THE KING -- Chapter 3. The State Parliament.

1. Introduction -- 2. Does the UK have a constitution? -- 3. Sources of UK constitutional law -- 4. Analysing the UK constitution -- 5. Parliament's functions and make-up -- 6. Parliamentary sovereignty -- 7. Government's relationship with Parliament -- 8. Government and the courts -- 9. Human Rights Act 1998 and the European Convention on Human Rights -- 10. Police powers and public order -- 11. Preparing for your examination.

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

Intro -- Title Page -- Copyright Page -- The Authors -- Table of Contents -- List of Abbreviations -- Acknowledgements -- General Introduction -- 1. AN OUTLINE OF FRENCH CONSTITUTIONAL HISTORY -- I. From Constitutional Revolutions to the Emergence of the Parliamentary Regime (1789-1875) -- II. The Third Republic (1875-1940) -- A. The Institutions of the Third Republic -- B. The Practice of the Regime -- III. The Fourth Republic (1946-1958) -- A. The Institutions of the Fourth Republic -- B. The Practice of the Regime -- IV. The Fifth Republic (1958 to Present) -- A. Adoption of the Constitution -- B. Evolution of the Constitution -- 2. CHARACTERISTICS OF THE FRENCH STATE -- I. The Indivisibility of the Republic -- A. A Unitary State -- B. A Decentralized Organization -- II. Secularism -- III. A Democratic and Social Republic -- A. Democracy and the Rule of Law -- B. A Social Republic -- IV. The Political Regime -- A. A Parliamentary Republic -- B. A Semi-Presidential Regime -- 1. The Pre-eminence of the President of the Republic -- 2. The Periods of Cohabitation -- 3. STATE TERRITORY -- I. A Complex Territorial Organization -- II. Powers of Local Authorities -- 4. POPULATION AND DEMOGRAPHICS -- Selected Further Reading -- Part I. Sources of Constitutional Law -- Chapter 1. Treaties -- 1. THE TREATY-MAKING POWER -- 2. THE POSITION OF INTERNATIONAL TREATIES IN THE DOMESTIC NORMATIVE HIERARCHY -- I. The Supra-Legislative and Infra-Constitutional Position of International Treaties -- II. The Subordination of International Treaties to the Constitution -- A. The General Subordination of International Treaties to the Constitution -- B. The Special Constitutional Position of EU Law -- Chapter 2. The Constitution -- 1. THE CHARACTERISTICS OF CONSTITUTIONAL NORMS -- I. The Supremacy of the Constitution.

v. 1. An introduction to American Constitutional Law -- National power : Article I and the powers and limits of Congress -- Limits on federal power : the federal structure, the 10th Amendment, and state sovereign immunity -- Powers and limits of the federal courts -- The role of the President -- Limits on state power : preemption, the Dormant Commerce Clause, and the Privileges and Immunities Clause -- The incorporation of the Bill of Rights -- Substantive due process -- v. 2. Procedural due process -- Freedom of speech and press. pt. I. Overview : a graphic review of the 1st Amendment ; pt. II. The 1st Amendment and government control of the content of expression ; pt. III. The 1st Amendment : restrictions on time, place, and manner of expression--regulating governmental property ; pt. IV. The 1st Amendment and limits on political campaigns -- Freedom of religion -- Equal protection -- Governmental actors, private actors, and the scope of the 13th and 14th Amendments