Products related to Constitutional:
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Poland's Constitutional Breakdown
Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive.Political rights have been radically restricted, and the Party has captured the entire state apparatus.The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy.Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015?Why did it happen? And what are the prospects for a return to liberal democracy?These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'.As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron.By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory.There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.
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EU Constitutional Law
This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union.It is a first point of reference for issues of EU constitutional law.The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom.The second part covers the competences of the European Union.It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains.The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters.Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action.The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights.The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.
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European Constitutional Law
European Constitutional Law uses a distinctive two-part structure to examine the legal foundations and powers of the European Union.Written in a uniquely engaging style, and full of logical explanations and illuminating analyses, Schütze provides students with the means for a sophisticated study of the subject.Extensive diagrams and tables clarify key concepts and processes; and the book's critical approach ensures awareness of the intricacies of European constitutional law.A practical appendix and the author's companion webpage help students to find and read primary and secondary legal sources. Digital formats and resourcesThe third edition is available for students and institutions to purchase in a variety of formats.The e-book offers a mobile experience and convenient access, along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks.
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Beginning Constitutional Law
Whether you’re new to higher education, coming to legal study for the first time or just wondering what Constitutional Law is all about, Beginning Constitutional Law is the ideal introduction to help you hit the ground running.Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary avaliable on the companion website, Nick Howard breaks the subject of constitutional law down using practical everyday examples to make it understandable for anyone, whatever their background.Diagrams and flowcharts simplify complex issues, important cases are identified and explained, and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. This second edition has been updated to keep up to date with developments both before and after the 2015 General Election as well as ongoing proposals for reform, including:• The referendum on independence for Scotland, increased devolved powers and the continued threat of the break-up of the Union. • Proposals to repeal the Human Rights Act 1998 and replace it with a British Bill of Rights. • The in/out referendum on EU membership. • Reform of the role and composition of the House of Lords. Beginning Constitutional Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.
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Is compulsory education constitutional?
Compulsory education is constitutional in the United States. The Supreme Court ruled in 1925 in the case of Pierce v. Society of Sisters that parents have the right to choose the type of education their children receive, but the state also has the authority to require children to attend school. This decision upheld the constitutionality of compulsory education laws, as long as parents have the option to choose between public and private schools. Additionally, the 10th Amendment of the U.S. Constitution gives states the authority to regulate education within their borders, including mandating compulsory education.
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Is a constitutional monarchy unconstitutional?
No, a constitutional monarchy is not unconstitutional. In a constitutional monarchy, the monarch's powers are limited by a constitution, which outlines the monarch's role and responsibilities within the government. This system allows for a balance of power between the monarch and other branches of government, ensuring that the monarchy operates within the framework of the constitution.
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What are the constitutional organs?
The constitutional organs are the key institutions established by a country's constitution to carry out the functions of government. These organs typically include the executive branch, which is responsible for implementing and enforcing laws; the legislative branch, which is responsible for making laws; and the judicial branch, which is responsible for interpreting laws and ensuring their constitutionality. In some countries, there may also be additional constitutional organs such as an independent electoral commission or a constitutional court. These organs work together to ensure the proper functioning of a country's government and the protection of its citizens' rights.
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Was the Socialist Law constitutional?
The Socialist Law, implemented in Germany in 1878, was controversial and faced criticism for its restrictions on socialist activities and political freedoms. While it was passed by the German Reichstag and upheld by the courts, many argued that it violated constitutional principles such as freedom of speech and association. Ultimately, the law was allowed to expire in 1890, suggesting that its constitutionality was questionable.
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Constitutional Public Reason
Public reason, which urges that only laws based on principles reasonably agreeable to all those bound by them are legitimate, has rarely been applied to constitutional law, and never in a comparative way.This book aspires to fill that gap, by studying the use of public reason in different constitutional systems.In doing so, it studies public reason both as a normative idea - as a principle postulated for democratic constitutionalism, and as a descriptive account - as helping to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world, and also in the supranational sphere.Constitutional Public Reason questions the performance of leading 'exemplars of public reasons', including the top courts of the United States, India, Canada, Australia, Germany, and South Africa, as well as the European Court of Human Rights.It also attempts to show how this performance can be improved in fields such as freedom of expression, non-establishment of religion, and anti-discrimination law.Ultimately, it finds that the best resonance between the ideal of public reason and constitutional interpretation is found in doctrines that locate the illegitimacy of laws in the wrongful motives (or purposes) pursued by legislators.Scrutinising motives is often as important as scrutinising consequences.
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Peace, Discontent and Constitutional Law : Challenges to Constitutional Order and Democracy
This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion.It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent.It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it.The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century.The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law.Liberal viewpoints encounter radical democratic and critical legal viewpoints.The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.
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Constitutional and Administrative Law
Constitutional and Administrative Law guides readers through the key principles of public law, examining significant cases and recent developments along the way.The book's broad coverage is presented in a concise and easy-to-read format, while chapter summaries and self-test questions help reinforce knowledge.Highly praised by students and lecturers alike, Constitutional and Administrative Law is a must for undergraduates of all levels. Digital formats and resourcesThe twelfth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks· The online resources include: bi-annual updates on the latest key developments in public law, and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning.
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Constitutional Democracy in Indonesia
Indonesia's political and governmental structures underwent sweeping reforms in the late 1990s.After decades of authoritarian rule, a key aspect of the transition to constitutional democracy during this period was the amendment of the 1945 Indonesian Constitution - an important legal text governing the world's third largest democracy.The amended Constitution introduced profound changes to the legal and political system, including an emphasis on judicial independence, a bill of rights, and the establishment of a Constitutional Court. This volume, with chapters written by leading experts, explores the ongoing debates over the meaning, implementation, and practice of constitutional democracy in Indonesia.This includes debates over the powers of the legislature, the role of the military, the scope of decentralisation, the protection of rights and permissible limits on rights, the regulation of elections, the watchdog role of accountability agencies, and the leading role of the Constitutional Court.These legal issues are analysed in light of the contemporary social, political, and economic environment that has seen a decline in tolerance, freedom, and respect for minorities.Contributions to this volume review the past two decades of reform in Indonesia and assess the challenges to the future of constitutional democracy amidst the wide-spread consensus on the decline of democracy in Indonesia.Demands for amendments to the Constitution and calls to revert to its initial form would be a reversal of Indonesia's democratic gains.
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What makes a constitutional state?
A constitutional state is characterized by a framework of laws and principles that establish the powers, duties, and limitations of government institutions. It is governed by a constitution that outlines the rights and freedoms of individuals, the separation of powers, and the rule of law. In a constitutional state, the government is bound by the constitution and must operate within its legal constraints, ensuring accountability and protecting the rights of its citizens. Additionally, a constitutional state typically includes mechanisms for judicial review to uphold the constitution and resolve disputes.
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Is the AfD anti-constitutional?
The AfD (Alternative for Germany) has faced criticism for some of its policies and statements that are seen as anti-constitutional. For example, the party has been accused of promoting xenophobic and nationalist views that go against the principles of equality and non-discrimination enshrined in the German constitution. However, the party itself has not been banned or declared unconstitutional by the German authorities. Ultimately, whether the AfD is considered anti-constitutional is a matter of interpretation and debate.
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Is America a constitutional state?
Yes, America is a constitutional state. The United States is governed by a constitution that outlines the structure of the government, the rights and responsibilities of citizens, and the limitations of governmental power. The U.S. Constitution is the supreme law of the land and serves as the foundation for the country's legal and political system. The principles of constitutionalism, rule of law, and separation of powers are fundamental to the American system of government.
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What is the role of the Federal Constitutional Court in relation to constitutional complaints?
The Federal Constitutional Court in Germany plays a crucial role in reviewing constitutional complaints. It is responsible for ensuring that laws and government actions comply with the German Constitution. Citizens can file constitutional complaints with the court if they believe their constitutional rights have been violated. The court then assesses the complaint and has the power to declare laws or government actions unconstitutional, providing a vital mechanism for protecting individual rights and upholding the rule of law.
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