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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General
Increased diversity and shifting social identities have created
significant effects on contemporary legislative systems. These
shifts have altered how legislative bodies conduct, implement, and
pass various policies and bills. Impacts of Faith-Based Decision
Making on the Individual-Level Legislative Process: Emerging
Research and Opportunities is an innovative source of scholarly
material on the religious influences of modern society on marital
law. Including perspectives on topics such as same-sex marriage,
religious values, and bill sponsorship, this book is ideally
designed for researchers, academics, professionals, graduate
students, and policy makers interested in the latest developments
on legislative decision making.
The contributions to this book analyse and submit to critique
authoritarian constitutionalism as an important phenomenon in its
own right, not merely as a deviant of liberal constitutionalism.
Accordingly, the fourteen studies cover a variety of authoritarian
regimes from Hungary to Apartheid South Africa, from China to
Venezuela; from Syria to Argentina, and discuss the renaissance of
authoritarian agendas and movements, such as populism, Trumpism,
nationalism and xenophobia. From different theoretical perspectives
the authors elucidate how authoritarian power is constituted,
exercised and transferred in the different configurations of
popular participation, economic imperatives, and imaginary
community. Authoritarian Constitutionalism is of great interest to
teachers, scholars and students of comparative constitutional law,
comparative politics, and legal and political theory. Contributors
include: H. Alviar Garcia, D. Davis, M.W. Dowdle, O. El Manfalouty,
G. Frankenberg, R. Gargarella, J. Gonzalez Jacome, D. Kennedy, E.
Merieau, S. Newton, N. Spaulding, N. Sultany, M. Wilkinson, H.
Yamamoto
This book considers the phenomenon of soft law employed by domestic
public authorities. Lawyers have long understood that public
authorities are able to issue certain communications in a way that
causes them to be treated like law, even though these are neither
legislation nor subordinate legislation. Importantly for soft law
as a regulatory tool, people tend to treat soft law as binding even
though public authorities know that it is not. It follows that soft
law's 'binding' effects do not apply equally between the public
authority and those to whom it is directed. Consequently, soft law
is both highly effective as a means of regulation, and inherently
risky for those who are regulated by it. Rather than considering
soft law as a form of regulation, this book examines the possible
remedies when a public authority breaches its own soft law upon
which people have relied, thereby suffering loss. It considers
judicial review remedies, modes of compensation which are not based
upon a finding of invalidity, namely tort and equity, and 'soft'
challenges outside the scope of the courts, such as through the
Ombudsman or by seeking an ex gratia payment.
Constitutional courts around the world play an increasingly central
role in day-to-day democratic governance. Yet scholars have only
recently begun to develop the interdisciplinary analysis needed to
understand this shift in the relationship of constitutional law to
politics. This edited volume brings together leading scholars of
constitutional law and politics to provide a comprehensive overview
of judicial review, covering theories of its creation, mechanisms
of its constraint, and its comparative applications, including
theories of interpretation and doctrinal developments. This book
serves as a single point of entry for legal scholars and
practitioners interested in understanding the field of comparative
judicial review in its broader political and social context. This
book's comparative and interdisciplinary accounts of a phenomenon
of worldwide significance and its advanced introduction to the
origins, functions, and contours of judicial review make it both
accessible and indispensable. Comparative Judicial Review should be
considered essential reading for every graduate student, early
career scholar, and constitutional law professor seeking to become
more comparative in their approach. Contributors include: K.J.
Alter, S.G. Calabresi, W.-C. Chang, E.F. Delaney, R. Dixon, L,
Esptein, T. Ginsburg, J. Greene, A. Harel, R. Hirschl, S.
Issacharoff, V. Jackson, T. Jacobi, R.A. Kagan, D. Kapiszewski, J.
Knight, D. Landau, Y.-L. Lee, H. Lerner, S. Mittal, T. Roux, W.
Sadurski, A. Shinar, G. Silverstein, K. Stilt, Y. Tew, M. Versteeg,
S. Waheedi, B.R. Weingast, E. Zackin
'The fields of comparative administrative law and its close cousin,
regulatory law, are now experiencing the explosion that occurred a
while ago in comparative constitutional law. This Bignami and
Zaring volume provides both excellent introduction into these
newest developments and a record of substantial research
achievements.' - Martin Shapiro, University of California,
Berkeley, School of Law Regulation today is global. It affects
everything from e-commerce to product safety to air quality and
much more. How is regulation made and enforced in the multiple
domestic and international jurisdictions called upon to address the
problems of international markets and global society? To understand
the global regulatory process, it is necessary to move beyond
conventional sub-fields of law like administrative law and
international law. Drawing on contributions from an international
team of leading scholars with diverse subject and country
expertise, Comparative Law and Regulation introduces a new field of
legal research geared at understanding the operation of the
regulatory process across the world. The volume affords
cutting-edge analysis of the entire gamut of regulatory law:
rulemaking by bureaucracies, legislatures, and private bodies;
oversight by public and private actors; civil and criminal
enforcement; and judicial review. The chapters cover over thirty
different domestic and international jurisdictions, including the
United States, Germany, the European Union, India, China, South
Korea, Colombia, the World Trade Organization, and private
investor-state arbitral tribunals. The theoretical and
methodological innovations introduced in this book will make it
compulsory reading for scholars of public law, comparative law, and
international law as well as those working in public policy,
political science, and economics. For legal professionals in
government agencies and the private sector, it affords both a
useful theoretical framing of the complex issues involved in
international and comparative regulation and an up-to-date overview
of the legal and technical aspects. Contributors include: J. Baert
Wiener, F. Bignami, A.R. Chapman, C. Coglianese, E.A. Feldman, C.
Fish, L. Forman, J. Fowkes, D.A. Hensler, H.C.H. Hofmann, C.-Y.
Huang, R.D. Kelemen, E. Lamprea, D.S. Law, D. Lima Ribeiro, J.
Ohnesorge, L. Peter, S. Rose-Ackerman, G. Shaffer, J.L. Short, S.
Smismans, B. Van Rooij, W. Wagner, B. Worthy, J. Yackee, D. Zaring
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