This series publishes leading scholarly monographs in constitutional law, encompassing human rights, administrative law, and constitutional theory. It encourages diverse academic approaches, ensuring its content appeals to an international audience. Works are included regardless of their jurisdictional scope, whether singular, comparative, or theoretical. The series also welcomes studies exploring the intersections of constitutional law with international law and bridging common and civil law traditions.
The process of European constitutionalisation has met with scepticism in current national legal and political spheres and in European circles of public opinion. Examining these concerns, this book reveals a widespread misunderstanding of constitutional federalism which permeates the Member State courts, popular media, and many academic communities.
Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
The book advocates for the constitutionalization of social rights, emphasizing their importance in promoting justice and equity. Jeff King proposes an incrementalist strategy for judicial enforcement, suggesting that gradual changes can effectively integrate social rights into the legal framework. This approach aims to balance the need for immediate action with the complexities of legal and political systems, ultimately fostering a more inclusive understanding of rights within constitutional law.
The book explores the tension between judicial authority and democratic legitimacy, positing that judges often limit their exercise of power to maintain an appearance of democratic fairness. It argues that this restraint can lead to the erosion of individual rights, as the judiciary prioritizes its legitimacy over full protection of those rights. Through this analysis, the author critiques the balance between judicial responsibility and the imperative to uphold personal freedoms in a democratic society.
The book delves into the intricacies of constitutional rights, examining their extent and the inherent conflicts that arise between them. Aharon Barak explores the legal limitations placed on these rights, providing a comprehensive analysis of how they interact within the framework of law. Through this exploration, the author sheds light on the balance between individual freedoms and societal needs, offering insights into the complexities of constitutional law.
The First South African Constitutional Court, 1995 2005
Focusing on a single-country case study, this book explores the significant impact of constitutional courts in emerging democracies. It delves into their functions, challenges, and contributions to the legal and political landscape, providing valuable insights into how these institutions shape democratic governance and uphold constitutional principles. Through detailed analysis, it enhances the understanding of the interplay between law and democracy in contemporary contexts.
Readers will be fascinated by the resistance of Ernst Fraenkel within Nazi Germany. A Social Democratic Jewish lawyer, he represented political defendants, worked in the underground, and wrote a classic account of Nazism's law and politics. His gripping story shows the possibilities and limitations of using law against brutal authoritarian rule.
For those interested in the relationship between politics, power and constitutions, this book examines the idea of prerogative power and reason of state by looking at the theoretical debates surrounding the development of the British constitution and the British Empire, singling out the East India Company as a focal point.
This book provides a comprehensive review and analysis of the exercise of the reserve powers by heads of state in countries that have Westminster systems. It draws on a vast range of previously unpublished archival and primary material, including records from the Royal Archives at Windsor Castle.
Examining doctrinal, conceptual and normative dimensions of judicial review of administrative action, Dean R. Knight explores how Anglo-Commonwealth courts vary the depth of scrutiny in a variety of ways and critically appraises the virtues of different approaches.
"This volume provides the first English translation of Hans Kelsen's and Carl Schmitt's influential Weimar-era debate on constitutional guardianship and the legitimacy of constitutional review. It includes Kelsen's seminal piece, 'The Nature and Development of Constitutional Adjudication', as well as key extracts from the 'Guardian of the Constitution' which present Schmitt's argument against constitutional review. Also included are Kelsen's review of Schmitt's 'Guardian of the Constitution', as well as some further material by Kelsen and Schmitt on presidential dictatorship under Article 48 of the Weimar Constitution. These texts show Kelsen and Schmitt responding to one another, in the context of a debate focused on a concrete constitutional crisis, thus allowing the reader to assess the plausibility of Kelsen's and Schmitt's legal and constitutional theories"-- Provided by publisher