Bøger i Cambridge Studies in Constitutional Law serien

Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marin considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marin adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines.

The first in-depth treatment of the judicial review of non-statutory executive powers challenges the conventional wisdom on both the rationale and doctrines of judicial review, suggesting a return to neglected concepts, including the idea of office and official action. A must-read for students, practitioners, and scholars of public law.

The book will benefit public law scholars, political scientists, judges and lawyers interested in the six countries analysed in the book, as well as those from other countries in which proportionality is practiced or is emerging. The analyses of specific cases and the empirical data provide a rich basis for comparative insights.

This book offers one of the rare empirical studies on the different meanings of proportionality as part of a global constitutional discourse. It develops and applies a theoretically informed comparative methodology for the study of differences in the use of legal transfers. Beyond the transplant versus culture controversy, it enriches our understanding of the relationship between law and its social context. Beyond the common law and civil law cleavage, it provides an in-depth comparison of French, English and Greek judicial review, rendering some core features of these systems accessible to non-initiated readers. The last part of the book provides insights as to the different visions of Europe underlying different phases of European integration and thus enriches our understanding of the process of integration through law.

Political disagreement is a fact of life. Such conflict can prompt people to stand for public office and seek to realise political change. Others take a different route; they start their own country. Micronations and the Search for Sovereignty is the first comprehensive examination of the phenomenon of people purporting to secede and create their own country. It analyses why micronations are not states for the purposes of international law, considers the factors that motivate individuals to separate and found their own nation, examines the legal justifications that they offer and explores the responses of recognised sovereign states. In doing so, this book develops a rich body of material through which to reflect on conventional understandings of statehood, sovereignty and legitimate authority. Authored in a lively and accessible style, Micronations and the Search for Sovereignty will be valuable reading for scholars and general audiences.

In times of disenchantment with democracy and 'erosion' of the system of checks and balances, the book proposes to reflect upon the main problems of our constitutional democracies, from a particular regulative ideal: that of the conversation among equals.

This book is a provocative reimagining of administrative law as the law of public administration by making its competence the focus of administrative law. Grounded in interdisciplinary, historical, and doctrinal analysis this book is a must-read for anyone interested in administrative law reform.

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.

This book is of immense relevance to anyone interested in the history of public law, constitutional politics, legal system and state structure in Pakistan. It is also of significant interest to the scholars of the judicial power, comparative constitutional law, constitutionalism in Asia and comparative administrative law.

Populist, illiberal regimes that claim power in the name of relative majorities are often characterized as quasi-authoritarian. Analysing the constitutional system of illiberal democracies and illiberal phenomena in 'mature democracies', the author argues that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism.

There are many books about the promises made by human rights but few that deal with the remedies that are and should be available when rights are violated. This book examines remedies in international law but also the domestic law of the US, UK, South Africa, New Zealand and Canada.

The materials translated here provide the intellectual background to Carl Schmitt's political and constitutional theory. This book will be of interest to legal and constitutional theorists, political theorists and historians of political thought more generally, and it will be required reading for all scholars who work on Schmitt.

This volume will interest academic audiences across the fields of human rights law, public law, constitutional theory, jurisprudence, political theory, and political science. It will appeal to lawyers and judges reviewing legislation for compliance with rights, and political scientists and legislators interested in institutional dialogue.

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.

Presenting a contrarian voice against a growing trend toward ever greater reliance on courts as democracy-builders, this book is aimed at a broad community of public lawyers, political scientists, and policymakers concerned with the role constitutional courts and regional human rights courts can play in developing democracy in post-authoritarian states.

This book offers scholars and students of law, legal theory and history a new treatment of the 1975 Australian constitutional crisis. It traces the emergence of this fundamental constitutional debate in the turbulent Whitlam years and chronicles its subsequent iterations in institutional configurations.

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.

Jacob Weinrib's theory of public law elaborates on the idea of human dignity in order to illuminate and justify innovations in constitutional practice, including rights-based judicial review and proportionality. It will be of interest to legal, political and constitutional theorists, constitutional lawyers and judges, and scholars of comparative constitutional law.

This book examines how the New Zealand Bill of Rights Act and the UK's Human Rights Act influence legislative decision-making and explores to what extent governmental and parliamentary behaviours have changed on key policy issues which present serious challenges for contemporary democracies in an age of rights.

The language of 'balancing' and 'proportionality' is pervasive in contemporary constitutional law theory and practice around the world. Taking post-war US and German constitutional jurisprudence as detailed case studies, this book is the first to argue that this familiar language has radically different meanings in different settings.

Yoav Dotan examines the role of government lawyers in the rise of judicial activism in Israel and explores the question of judicial mobilization at large. Contains an original, large-scale, quantitative study of around 2,000 court files.

The second edition of Judges on Trial examines the modern meaning of judicial independence. The growth of constitutional adjudication and the need for judicial accountability require a renewed approach to a strained notion. The rules and practices shaping the culture of judicial independence in England are discussed as an illustration.

This detailed case study of the performance of the South African Constitutional Court is aimed at comparative judicial politics scholars with an interest in the role of constitutional courts in new democracies and at political scientists and legal academics with an interest in South Africa.

Written with lawyers, social scientists, political theorists, and human rights advocates in mind, Judging Social Rights makes a normative and empirically grounded case for constitutional social rights. It presents an incrementalist theory of adjudication that gives prominence to the democratic role and institutional capacity of the judiciary.