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  • Italian Constitutional Justice in Global Context

    Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court (ItCC), offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization, procedures, and its current engagement with transnational European law. The ItCC represents one of the strongest ... Read more

    $53.99 USD

  • Dialogues on Italian Constitutional Justice

    A Comparative Perspective

    Series series Routledge-Giappichelli Studies in Law
    This collection adopts a distinctive method and structure to introduce the work of Italian constitutional law scholars into the Anglophone dialogue while also bringing a number of prominent non-Italian constitutional law scholars to study and write about constitutional justice in a global context.The work presents six distinct areas of particular interest from a comparative constitutional ... Read more

    $60.99 USD

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    Heroes, Soldiers, Minimalists, and Mutes

    Series series Inalienable Rights
    Since America's founding, the U.S. Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and bestselling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the ... Read more

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  • A Constitution of Many Minds

    Why the Founding Document Doesn't Mean What It Meant Before

    The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time ... Read more

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  • Constitutional Law and Precedent

    International Perspectives on Case-Based Reasoning

    Edited by Monika Florczak-Wątor ...
    This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of ... Read more

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  • Common Good Constitutionalism

    The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative?Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law ... Read more

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  • General Theory of Law and State

    by Hans Kelsen ...
    Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law", - within which the study of international law was his special field of work. The present volume, "General Theory of Law and State", first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War ... Read more

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  • Advanced Introduction to Comparative Constitutional Law

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    by Mark Tushnet ...
    Series series Elgar Advanced Introductions series
    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.Mark Tushnet, a world-renowned scholar of constitutional law, has excelled ... Read more

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  • Proportionality

    Constitutional Rights and their Limitations

    by Aharon Barak ...
    Series Book 2 - Cambridge Studies in Constitutional Law
    Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main ... Read more

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  • The Oxford Handbook of Comparative Constitutional Law

    Series series Oxford Handbooks
    The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges ... Read more

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  • Interpreting Precedents

    A Comparative Study

    Series series Applied Legal Philosophy
    This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions. Precedent is fundamental to law, yet theoretical and ideological as well as legal considerations lead to its being differently handled and rationalised in different places. Out of the comparative study ... Read more

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    Series series Oxford Handbooks
    The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from ... Read more

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