Sebanyak 41807 item atau buku ditemukan

Swiss Constitutional Law

Switzerland is not only one of the oldest democracies in the world, but also an enduring model of peaceful multiethnic policy, characterized by a Constitution that is constant flux. The new Federal Constitution of the Swiss Confederation took effect on January 1, 2000; and it is with the intention of staying abreast of the constitutional changes and of the case law of the Federal Court that the authors have prepared the current volume. A general introduction of the constitutional history and the foundations of the Swiss political system are followed by the following issues: Sources of Swiss Constitutional Law; Organisational Design of the Swiss Confederation; Federalism in General and the Position of the Cantons and the Municipalities in the Swiss Confederation; Citizenship, Fundamental Rights and Liberties and their Judicial Protection, Protection of Minorities, Judicial Control of Administrative Action; Treaty and Foreign Affairs Powers, Taxing and Spending Powers, the Relationship between the State and the Church. Thomas Fleiner is Professor of constitutional and administrative law and Director of the Institute for Federalism at the University of Fribourg, Switzerland; Alexander Misic, lic.iur., LL.M.; Nicole Toepperwien, Dr. iur., LL.M.

The new Federal Constitution of the Swiss Confederation took effect on January 1, 2000; and it is with the intention of staying abreast of the constitutional changes and of the case law of the Federal Court that the authors have prepared ...

Philosophical Foundations of Constitutional Law

Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions,' challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics and philosophy.

A collection of essays from leading constitutional lawyers and theorists, examining the philosophical foundations of constitutional law and the issues that arise from the fundamental philosophical issues raised by the idea of a constitution ...

Comparative Constitutional Law in Latin America

This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.

This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions.

Constitutional Law in Greece

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Greece 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 Greece will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Lawyers representing parties with interests in Greece will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Constitutional law in Hong Kong

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Hong Kong 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 Hong Kong will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Lawyers representing parties with interests in Hong Kong will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

51 Imperfect Solutions

States and the Making of American Constitutional Law

"When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform." -- Publisher's website.

In trying to correct this imbalance, the book also offers several ideas for reform." -- Publisher's website.

Constitutional Law For Dummies

Discover the ins and outs of Constitutional law Are you a student looking for trusted, plain-English guidance on the ins and outs of Constitutional law? Look no further! Constitutional Law For Dummies provides a detailed study guide tracking to this commonly required law course. It breaks down complicated material and gives you a through outline of the parameters and applications of the U.S. Constitution in modern, easy-to-understand language. Critical information on the Constitution's foundations, powers, and limitations A modern analysis of the Constitution's amendments Detailed information on the Supreme Court and federalism Explaining outdated governmental jargon in current, up-to-date terms, Constitutional Law For Dummies is just what you need for quick learning and complete understanding. Students studying government will also find this to be a useful supplement to a variety of courses.

Constitutional Law 101 — get a handle on the historical perspective of the Constitution and gain an appreciation of the overall context of the document Checks and balances and Federal/state relations — discover the basic formulas modern ...

Prinsip-Prinsip Legislatif dan Akademik Drafting

Pedoman bagi Perancangan Peraturan Perundang-Undangan

Penyusunan atau Pembentukan suatu Peraturan Perundang-Undangan atau Legislatif Drafting selalu mempergunakan pendekatan teori positivisme hukum dan realisme hukum yang dalam implementasinya lebih mengedepankan kekuatan-kekuatan dominan dalam masyarakat, seperti keberadaan penguasa pembentuk hukum (baca: undang-undang) dan kelompok mayoritas yang sering disebut mewakili kata “sosial”. Positivisme hukum yang memunculkan aliran normatif yuridis dipergunakan untuk penyusunan dan atau pembentukan peraturan perundang-undangan agar memiliki kekuatan dan atau dasar yuridis yang jelas dan pasti. Sementara itu, sosiologis empiris dipergunakan untuk merekonstruksi gejala sosial masyarakat menjadi gejala hukum yang kemudian dituangkan dalam norma peraturan perundang-undangan dengan harapan peraturan perundang-undangan yang dibentuk itu sesuai dengan kebutuhan hukum masyarakat. Berpijak dari pemahaman di atas buku ini diharapkan dapat dipergunakan sebagai pedoman dalam merancang suatu peraturan perundang-undangan. Buku ini tidak sekadar menggunakan pendekatan rule of law melalui pendekataan positivistik yang mengedepankan kepentingan penguasa dan kepentingan mayoritas dalam perspektif multimakna, tetapi juga menggunakan pendekatan rule of ethics.

Penyusunan atau Pembentukan suatu Peraturan Perundang-Undangan atau Legislatif Drafting selalu mempergunakan pendekatan teori positivisme hukum dan realisme hukum yang dalam implementasinya lebih mengedepankan kekuatan-kekuatan dominan ...