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Books > Law
In this incisive and thought-provoking book, Francois Venter
illuminates the issues arising from the fact that the current
language of constitutional law is strongly premised on a particular
worldview rooted in the history of the states around the North
Atlantic Ocean. Highlighting how this terminological hegemony is
being challenged from various directions, Venter explores the
problem that all constitutional comparatists face: that they all
must use the same words to express different meanings. Offering a
compact but comprehensive constitutional history, Venter
investigates the ways in which the standard vocabulary does not fit
comfortably in many contemporary constitutional orders, as well as
examining how its cogency is increasingly being questioned.
Chapters contextualize comparative constitutional methods to
demonstrate how the language choices made by comparatists are
shaped by their own perspectives, arguing that careful explanation
of the meanings attached to constitutional terms is imperative in
order to be persuasive or even understood. Tackling the
foundational elements of the field, this book will be a critical
read for constitutional scholars across the globe. It will also be
of interest to high-level practitioners of constitutional law and
political scientists for its investigation of terminology that is
crucial to their work.
As the bicentenary of the Conseil d'Etat approaches, this new
edition of the leading English-language text provides a detailed
profile of the Conseil and offers an up-to-date overview of le
droit administratif, which is regarded, alongside the Code
Napoleon, as the most notable achievement of French legal science.
The Conseil d'Etat is taken as a model for many administrative
systems in Europe and beyond, and it continues to exercise a strong
influence upon the emerging democracies of Eastern Europe and the
Third World. The eleven expanded appendices, including statistics,
model pleadings and other illustrations, provide an invaluable and
accessible source of information on the French administrative
courts, their procedure and case-load. Throughout the approach is
comparative, with frequent references to developments in United
Kingdom administrative law and in the EC institutions. The book
will be an invaluable guide to all students of French law and
comparative public law.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences and law,
expertly written by the world's leading scholars. Designed to be
accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. This thought-provoking introduction provides an incisive
overview of dignity law, a field of law emerging in every region of
the globe that touches all significant aspects of the human
experience. Through an examination of the burgeoning case law in
this area, James R. May and Erin Daly reveal a strong overlapping
consensus surrounding the meaning of human dignity as a legal right
and a fundamental value of nations large and small, and how this
global jurisprudence is redefining the relationship between
individuals and the state. Key features include: Analyses of cases
from a range of jurisdictions all over the world A history of the
shift of the concept of dignity from a philosophical idea to a
legally enforceable right Discussion of dignity as a value and a
right in different major legal contexts, and its roots in African,
Asian, European and Islamic traditions. This Advanced Introduction
will be invaluable to scholars and students of law, particularly
those interested in human rights, looking to understand this
emerging area of law. It will inform lawyers, judges, policymakers
and other advocates interested in how dignity and the law can be
used to protect everyone, including the most vulnerable among us.
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