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This handbook provides a toolbox of definitions and typologies to
develop a theory of multilevel constitutionalism and subnational
constitutions. The volume examines systems with subnational
entities that have full subnational constituent autonomy and
systems where subnational constituent powers, while claimed by
subnational governments, are incomplete or non-existent.
Understanding why complete subnational constituent power exists or
is denied sheds significant light on the status and functioning of
subnational constitutions. The book deals with questions of how
constitutions at multiple levels of a political system can co-exist
and interact. The term 'multilevel constitutionalism', recognized
as explaining how a supranational European constitution can exist
alongside those of the Member States, is now used to capture
dynamics between constitutions at the national, subnational and,
where applicable, supranational levels. Broad in scope, the book
encompasses many different types of multi-tiered systems world-wide
to map the possible meanings, uses and challenges of subnational or
state constitutions in a variety of political and societal
contexts. The book develops the building blocks of an explanatory
theory of subnational constitutionalism and as such will be an
essential reference for all those interested in comparative
constitutional law, federalism and governance.
Cosmopolitanism is one of the most venerable intellectual
traditions in the history of political philosophy. From the ancient
Greek Diogenes' claim to be "a citizen of the world" through to
Kant's Enlightenment vision of a world government and even into our
own time, the idea of cosmopolitanism has stirred the moral
imagination of many throughout history. Arguably the Brexit
referendum result and the election of Donald Trump in 2016 marked
the first major public repudiation of the transnational,
globalizing cosmopolitan ideals that have arguably dominated
politics in the liberal democratic West since the end of the Cold
War. This volume reconsiders cosmopolitanism and its discontents in
the age of Brexit and Trump by bringing together the great thinkers
in the history of political philosophy and contemporary reflections
on the problems and possibilities of international relations, human
rights, multiculturalism, and regnant theories of democracy and the
state.
Christianity and Constitutionalism offers innovative and thoughtful
analyses of the relationship between religious thought and
constitutional law. Part I features contributions from historians,
recounting how the relationship between the Christian faith and
fundamental ideas about law, justice, and government has evolved
from era to era. Part II provides analyses from constitutional
lawyers on the normative implications of Christianity for
particular themes in constitutional law, including sovereignty, the
rule of law, democracy, the separation of powers, human rights,
conscience, and federalism. Part III rounds out the study with
theologians focused on particular Christian doctrines, exploring
their constructive and sometimes critical implications for
constitutionalism. As a whole, Christianity and Constitutionalism
breaks new ground by offering wide-ranging, interdisciplinary
contributions to the study of the relationship between the
Christian religion and constitutional law.
At a time when the operation and reform of federal relations within
Australia is squarely on the political agenda, this volume brings
together eminent lawyers, economists and political scientists who
explain, analyse and evaluate the theory and principles
underpinning the Australian federal system. Topics covered include
the High Court's approach to the interpretation of the Constitution
and how this has influenced federal relations in practice;
different forms of inter-governmental co-operative arrangements;
fiscal relations between the Commonwealth and the States; and
emergent ethno-cultural and socioeconomic diversity within the
Australian Federation. Comparative perspectives from Germany,
America, Canada, Switzerland, India and the European Union provide
unique prisms through which to view the operation of the Australian
system and to contemplate its reform.
The first volume of its kind, Christianity and Constitutionalism
explores the contribution of Christianity to constitutional law and
constitutionalism as viewed from the perspectives of history, law,
and theology. The authors examine a wide range of key figures,
including Augustine, Thomas Aquinas, Moses, Martin Luther, and
Roger Williams, offering innovative and thoughtful analyses of the
relationship between religious thought and constitutional law. Part
I features contributions from historians and is focused on the
historical influence of Christianity on constitutionalism,
recounting how the relationship between the Christian faith and
fundamental ideas about law, justice, and government has evolved
from era to era. Part II offers the analyses of constitutional
lawyers, focusing on the normative implications of Christianity for
particular themes or topics in constitutional law. The chapters in
this section orbit around several central doctrines and principles
of this field-including sovereignty, the rule of law, democracy,
the separation of powers, human rights, conscience, and
federalism-evaluating them from a range of Christian perspectives.
Part III rounds out the study with theologians focused on
particular Christian doctrines, exploring their constructive and
sometimes critical implications for constitutionalism. As a whole,
Christianity and Constitutionalism breaks new ground by offering
wide-ranging, interdisciplinary contributions to the study of the
relationship between the Christian religion and constitutional law.
Cosmopolitanism is one of the most venerable intellectual
traditions in the history of political philosophy. From the ancient
Greek Diogenes' claim to be "a citizen of the world" through to
Kant's Enlightenment vision of a world government and even into our
own time, the idea of cosmopolitanism has stirred the moral
imagination of many throughout history. Arguably the Brexit
referendum result and the election of Donald Trump in 2016 marked
the first major public repudiation of the transnational,
globalizing cosmopolitan ideals that have arguably dominated
politics in the liberal democratic West since the end of the Cold
War. This volume reconsiders cosmopolitanism and its discontents in
the age of Brexit and Trump by bringing together the great thinkers
in the history of political philosophy and contemporary reflections
on the problems and possibilities of international relations, human
rights, multiculturalism, and regnant theories of democracy and the
state.
At a time when the operation and reform of federal relations within
Australia is squarely on the political agenda, this volume brings
together eminent lawyers, economists and political scientists who
explain, analyse and evaluate the theory and principles
underpinning the Australian federal system. Topics covered include
the High Court's approach to the interpretation of the Constitution
and how this has influenced federal relations in practice;
different forms of inter-governmental co-operative arrangements;
fiscal relations between the Commonwealth and the States; and
emergent ethno-cultural and socioeconomic diversity within the
Australian Federation. Comparative perspectives from Germany,
America, Canada, Switzerland, India and the European Union provide
unique prisms through which to view the operation of the Australian
system and to contemplate its reform.
By analysing original sources and evaluating conceptual frameworks,
Nicholas Aroney discusses the idea proclaimed in the Preamble to
the Constitution that Australia is a federal commonwealth. Taking
careful account of the influence which the American, Canadian and
Swiss Constitutions had upon the framers of the Australian
Constitution, the author shows how the framers wrestled with the
problem of integrating federal ideas with inherited British
traditions and their own experiences of parliamentary government.
In so doing, the book explains how the Constitution came into being
in the context of the groundswell of federal ideas then sweeping
the English-speaking world. In advancing an original argument about
the relationship between the formation of the Constitution, the
representative institutions, configurations of power and amending
formulas contained therein, fresh light is shed on the terms and
structure of the Constitution and a range of problems associated
with its interpretation and practical operation are addressed.
By analysing original sources and evaluating conceptual frameworks,
Nicholas Aroney discusses the idea proclaimed in the Preamble to
the Constitution that Australia is a federal commonwealth. Taking
careful account of the influence which the American, Canadian and
Swiss Constitutions had upon the framers of the Australian
Constitution, the author shows how the framers wrestled with the
problem of integrating federal ideas with inherited British
traditions and their own experiences of parliamentary government.
In so doing, the book explains how the Constitution came into being
in the context of the groundswell of federal ideas then sweeping
the English-speaking world. In advancing an original argument about
the relationship between the formation of the Constitution, the
representative institutions, configurations of power and amending
formulas contained therein, fresh light is shed on the terms and
structure of the Constitution and a range of problems associated
with its interpretation and practical operation are addressed.
In February 2008, the Archbishop of Canterbury, Dr Rowan Williams,
delivered a public lecture in which he stated that it "seem ed]
unavoidable" that certain aspects of Islamic law (Shari'a) would be
recognized and incorporated into British law. The comments provoked
outrage from sections of the public who viewed any recognition of
Shari'a law in Britain with alarm. In July 2008 Lord Phillips, Lord
Chief Justice of England and Wales, weighed into the fray. He
praised the Archbishop's speech and gave qualified support for
Shari'a principles to govern certain family and civil disputes.
Responding to the polarized debate that followed these lectures,
this is a collection of short essays written by distinguished and
prominent scholars addressing the question of the accommodation of
Shari'a within the legal systems of the liberal-democratic West.
The matters raised in the two 2008 lectures provide a springboard
for lively discussion, criticism and debate on both the specific
question of religious/cultural accommodation by the law and the
wider issues of multiculturalism, equality before the law and the
desirability of parallel jurisdictions for particular faith
communities.
Leading scholars from a range of countries and academic
disciplines, and representing different political viewpoints and
faith traditions explore the complex issues surrounding the legal
recognition of religious faith in a multicultural society.
The volume aims to stimulate further thought on a complex issue,
and to open up new pathways for policymakers and civil society
institutions grappling with the relationship between Shari'a and
Western legal systems.
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