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Constitutionalism and the Role of Parliaments: Studies of the Oxford Institute of European and Comparative Law

Editat de Katja S Ziegler, Denis Baranger, Anthony W Bradley
en Limba Engleză Hardback – 6 iun 2007
Modern constitutionalism has put a lot of hopes in parliaments but there is some consensus that these hopes have not been entirely fulfilled. At the same time, the role of parliaments in contemporary democracies continues to evolve as parliaments are faced with new challenges. How should they react to the new forms of executive and administrative action? Should they play a role in upholding judicial independence, although the latter is frequently seen as independence from parliament as well as the executive? How should they contribute to the protection of fundamental rights? The book aims at providing some answers to these questions by first setting the historic scene, giving a comparative overview of the modern history of a selection of major European deliberative institutions (UK, France, Germany and the European Parliament). The book then looks at themes around the doctrine of separation of powers, especially aspects of the relationship between parliament and the executive power and parliaments' role and attitude regarding the judiciary with a special focus on the independence of the judiciary in a comparative perspective.
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Specificații

ISBN-13: 9781841136431
ISBN-10: 1841136433
Pagini: 284
Dimensiuni: 156 x 234 x 22 mm
Greutate: 0.57 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Studies of the Oxford Institute of European and Comparative Law

Locul publicării:London, United Kingdom

Caracteristici

This book looks at constitutionalism and the rold or parliaments by first setting the historic scene in a selection of major European deliberative institutions, and then by looking at themes around the doctrine of separation of powers.

Notă biografică

Katja S Ziegler is Sir Robert Jennings Chair in International Law at the University of Leicester.Denis Baranger is Professor of Public Law at the Université Panthéon-Assas (Paris II). Anthony W. Bradley is Professor Emeritus of Constitutional Law, University of Edinburgh, and a Research Fellow at the Institute of European and Comparative Law, University of Oxford.

Cuprins

Part One National Traditions of Parliamentary Law: Towards a European Model?1. Constitutionalism and the Role of ParliamentsAW Bradley, Katja S Ziegler and Denis Baranger2. Parliamentary Law and Parliamentary Government in Britain: Some Historical RemarksDenis Baranger3. The Formation of Parliamentary Law in FrancePierre Avril4. Parliamentary Law: The German ExperienceFabian Wittreck5. The Law and Custom of a New Parliament: The European ParliamentSionaidh Douglas-ScottPart Two Parliaments and the Executive6. Cabinet as the Leading Part of Parliament: The Westminster Model in EuropeArmel Le Divellec7. Parliaments and the Executive: Old Control Rights and New Control Contexts in GermanyChristoph Gusy8. Executive Powers in Foreign Policy: The Decision to Dispatch the MilitaryKatja S Ziegler9. Separation of Powers, Public Law Theory and Comparative AnalysisNicholas BamforthPart Three Parliaments, the Courts and Human Rights10. Judicial Independence and ParliamentsThe Rt Hon Lady Justice Arden DBE11. Why Should Judges Be Independent?Luc Heuschling12. Independence of the Judiciary in GermanyGernot Sydow13. Making Parliamentary Rights Effective: The Role of Constitutional Courts in GermanyPascale Cancik14. The Parliamentary Protection of Human RightsKeith Ewing

Recenzii

Anyone interested in constitutionalism and related matters will find the volume quite absorbing.
Both the book's comparative ambition and its substantive focus on the constitutional role of parliaments make it distinctive and are to be welcomed...Comparative constitutional scholarship is in vogue and, in offering a comparative analysis of the roles of parliaments, this book offers a valuable corrective to any tendency in comparative constitutional studies to focusing only on the case law of supreme and constitutional courts.

Descriere

This book examines the role of parliaments in modern constitutionalism by comparing various European deliberative institutions.