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Books on the topic 'Constitutional codification'

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Published: 9 March 2024

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1

Constitution, Canada. A consolidation of the Constitution Acts, 1867 to 1982 =: Codification administrative des Lois constitutionnelles de 1867 à 1982. Ottawa, Ont: Minister of Public Works and Government Services Canada = Ministre des travaux publics et services gouvernementaux Canada, 1998.

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Canada. Dept. of Justice. and Canada. Ministère de la justice., eds. A consolidation of the Constitution Acts, 1867 to 1982 =: Codification administrative des Lois constitutionnelles de 1867 à 1982. Ottawa, Ont: Minister of Public Works and Government Services Canada = Ministre des travaux publics et services gouvernementaux Canada, 1999.

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Constitution, Canada. A consolidation of the Constitution Acts, 1867 to 1982 =: Codification administrative des Lois constitutionnelles de 1867 à 1982. Ottawa, Ont: Dept. of Justice = Ministère de la justice, 1989.

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Constitution, Canada. A consolidation of the Constitution Acts, 1867 to 1982 =: Codification administrative des Lois constitutionnelles de 1867 à 1982. Ottawa, Ont: Dept. of Justice = Ministère de la justice, 2001.

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5

Constitution, Canada. A consolidation of the Constitution Acts, 1867 to 1982 =: Codification administrative des Lois constitutionnelles de 1867 à 1982. Ottawa, Ont: Minister of Supply and Services Canada = Ministre des approvisionnements et services Canada, 1996.

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6

Scholler, Heinrich. Ethiopian constitutional and legal development. Köln: R. Köppe, 2005.

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7

Scholler, Heinrich. Ethiopian constitutional and legal development. Köln: R. Köppe, 2005.

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8

Scholler, Heinrich. Ethiopian constitutional and legal development. Köln: R. Köppe, 2005.

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9

Scholler, Heinrich. Ethiopian constitutional and legal development. Köln: R. Köppe, 2005.

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10

Richard, Novak. Zur Neukodifikation des österreichischen Bundesverfassungsrechts. Wien: Österreichische Staatsdruckerei, 1994.

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11

Taeva, N. E. Vidy norm konstitut︠s︡ionnogo prava Rossiĭskoĭ Federat︠s︡ii: Monografii︠a︡. Moskva: Ėlit, 2010.

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12

Sfeir, George N. Modernization of the law in Arab states: An investigation into current civil, criminal, and constitutional law in the Arab world. San Francisco: Austin & Winfield Publishers, 1998.

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13

José de Jesús Naveja Macías, Alejandro Olano Olano García, and Oscar Raúl Puccinelli. Codificaciones procesales constitucionales. Bogotá, D.C: Ediciones Doctrina y Ley, 2010.

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14

Zur Neukodifikation des österreichischen Landesverfassungsrechts. Wien: Verlag Österreich, 2008.

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15

Ratnaparkhi, M. S. Uniform civil code: An ignored constitutional imperative. New Delhi: Atlantic Publishers and Distributors, 1997.

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16

Costanzo, Pasquale. Codificazione del diritto e ordinamento costituzionale. [Napoli]: Jovene, 1999.

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17

Dromi, José Roberto. Nuevo estado, nuevo derecho: Constitución para todos, consolidación de las leyes, códigos de la solaridad. Buenos Aires, República Argentina: Ediciones Ciudad Argentina, 1994.

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18

(Kingdom), Castile. Text and concordance of the Ordenanzas reales: I-1338, Biblioteca Nacional, Madrid. Madison: Hispanic Seminary of Medieval Studies, 1990.

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19

Symposion, Kommission "Die Funktion des Gesetzes in Geschichte und Gegenwart ." Der Kodifikationsgedanke und das Modell des Bürgerlichen Gesetzbuches (BGB). Göttingen: Vandenhoeck & Ruprecht, 2000.

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20

Schwennicke, Andreas. Die Entstehung der Einleitung des Preussischen Allgemeinen Landrechts von 1794. Frankfurt am Main: V. Klostermann, 1993.

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21

Fedorovich, Opryshko Vitaliĭ, and Instytut zakonodavstva (Ukraine), eds. Konstytut͡s︡ii͡a︡ Ukraïny ta problemy systematyzat͡s︡iï zakonodavstva. Kyïv: In-t zakonodavstva Verkhovnoï Rady Ukraïny, 1999.

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22

The making of a German constitution: A slow revolution. Oxford, UK: Berg, 2008.

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23

Uwe, Diederichsen, and Sellert Wolfgang, eds. Das BGB im Wandel der Epochen: 10. Symposion der Kommission "Die Funktion des Gesetzes in Geschichte und Gegenwart". Göttingen: Vandenhoeck & Ruprecht, 2002.

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24

Commission, Swaziland Constitutional Review, ed. Umbiko wekugcina wetincomo tesive kanye nembiko wenchubo ngemkhankhaso wekubhalwa nekushicilelwa kwemtsetfo nemasiko Esiswati =: Final report on the submissions and progress report on the project for the recording and codification of Swazi law and customs. [Mbabane?]: Constitutional Review Commission, 1997.

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25

Speranskiĭ, S. I. Uchenie M.M. Speranskogo o prave i gosudarstve. Moskva: Osʹ-89, 2004.

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26

1946-, Hiraoka Makiko, ed. 1945-nen no Kurisumasu: Nihonkoku Kenpō ni "danjo byōdō" o kaita josei no jiden. Tōkyō: Kashiwa Shobō, 1995.

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27

Maine. Constitution of the State of Maine: Codification of 2003 with supplemental amendments. S.l: s.n., 2003.

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28

Wehberg, Hans. The outlawry of war: A series of lectures delivered before the Academy of International Law at the Hague and in the Institut Universitaire de Hautes Etudes Internationales at Geneva. Buffalo, N.Y: W.S. Hein & Co., 2000.

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29

Albert, Richard. Constitutional Amendments. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190640484.001.0001.

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Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendment and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: What is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. Constitutional Amendments: Making, Breaking, and Changing Constitutions shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.

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30

Parpworth, Neil. 10. Constitutional conventions. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198810704.003.0010.

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This chapter focuses on an important non-legal source of the UK constitution: constitutional conventions. It will be shown that constitutional conventions relate to practical matters which allow the UK constitution to function. They also represent a means by which the executive branch can be made accountable. The discussion includes the nature of constitutional conventions, examples of constitutional conventions, enforcing conventions, the Cabinet Manual, and the courts and conventions. Codification of conventions and the importance of conventions in relation to devolution is also discussed.

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31

Schofield, Philip, and Xiaobo Zhai, eds. Bentham on Democracy, Courts, and Codification. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781009031745.

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Drawing upon original manuscripts and The Collected Works of Jeremy Bentham, this collection represents the latest scholarship on Bentham's late and mature thought on constitutional law. The contributions cover a diverse range of major topics, from official aptitude or competency to the interests of women, and explore Bentham's writings on courts, codification, and cosmopolitanism. Together, its chapters challenge the received notion, based on early jurisprudential writings, that Bentham's constitutional thought is authoritarian, and show that Bentham, as a constitutional theorist, offers a distinctive liberal perspective. Freeing Bentham's theories from their long sentences and unfamiliar terminology, these essays make accessible Bentham's subtle and important ideas on liberal democracy. By shining a light on Bentham's mature thought, this volume offers a refreshingly comprehensive, detailed, and authentic account of Bentham's theory of democracy.

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32

Historia de las constituciones y los códigos. Valencia: [s.n.], 1994.

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33

Steiner, Eva. Legislation and the Constitutional Framework. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198790884.003.0001.

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This chapter introduces the main constitutional institutions and mechanism governing France, taking into account the major overhaul of the 1958 Constitution in 2008. It also shows that legislation is the primary source of law in France, that there are different types of legislation, and that legislative sources are organised hierarchically. Moreover, the chapter also considers, within the constitutional framework, the legislative process and examines the way in which bills are drafted. It also seeks to familiarise readers with the layout of a French statute. In addition, this chapter shows that much of French law though not all of it is codified. Codification is a particular legislative technique common to most civil law systems.

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34

Crosby, Margaret Barber. Making of a German Constitution: A Slow Revolution. Bloomsbury Publishing Plc, 2008.

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35

Abebe, Adem K., Sumit Bisarya, W. Elliot Bulmer, Brooke Davies, Sharon P. Hickey, Thibaut Noël, and Kimana Zulueta-Fülscher. Annual Review of Constitution-Building: 2021. International Institute for Democracy and Electoral Assistance (International IDEA), 2022. http://dx.doi.org/10.31752/idea.2022.36.

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International IDEA’s Annual Review of Constitution-Building series provides a retrospective account of constitutional transitions around the world, the issues that drive them, and their implications for national and international politics. 2021 was a tumultuous year for many reasons—including the ongoing Covid-19 pandemic, a series of military coups around the world and the rumblings of war from Russia—and was no less so in the world of democracy. Unsurprisingly, therefore, the chapters in the ninth edition of International IDEA’s Annual Review of Constitution-Building reflect this instability. The chapters cover a number of themes including constitutional regulation of environmental protection, judicial review of constitutional amendments, reforming semi-presidential systems, codification of parliamentary conventions and military coups.

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36

Great Britain: Parliament: House of Commons: Communities and Local Government Committee and Clive Betts. Codification of the Relationship Between Central and Local Government: Oral Evidence, 11 March 2013, [Mr Graham Allen MP, Chair of the Political and Constitutional Reform Committee]. Stationery Office, The, 2014.

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37

Uhlmann, Felix, ed. Codification of Administrative Law. Hart Publishing, 2023. http://dx.doi.org/10.5040/9781509954957.

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This open access book presents the first comparative study on the legal sources of administrative law. Every modern legal order needs a set of general rules to apply and enforce administrative law; the rules impose principles of action, of procedure, and of organisation of the authorities. The legal basis of these rules may be quite diverse. Some countries have tried to codify administrative law, whilst others work with few rules or unwritten rules. The book considers the consequences that arise from the different degrees of codification of general administrative law. It presents answers to important questions including: Does codification increase predictability and legal certainty?Does codification lead to a ‘petrification’ of administrative law?To what degree does the constitution shape administrative law?Which areas of administrative law are suitable for codification, which are not, and why not? The book answers these questions by presenting 13 country reports, covering both civil and common law traditions, a chapter on the EU, and a comparative analysis. This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com.

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38

Great Britain: Parliament: House of Commons: Communities and Local Government Committee and Clive Betts. Codification of the Relationship Between Local Government and Central Government: Oral Evidence, Monday 16 April 2012, Graham Allen MP, Chair, Political and Constitutional Reform Select Committee and Sir Merrick Cockell, Chair, Local Government Association. Stationery Office, The, 2012.

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39

Schmidt, Susanne K. The Interaction of Judicial and Legislative Policymaking. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198717775.003.0004.

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Chapter 4 systematizes the different ways that judicial policymaking can have an impact on European legislation. Identifying the codification of case-law principles in secondary law contributes to research on the EU in two important ways: it shows how EU legislation is embedded in case-law development, and that the impact of case law cannot be reduced to the question of compliance with single rulings. A differentiation is made between several types of judicial ‘shadow’ over the legislative process. Then the Services Directive and the regulation on the mutual recognition of goods are analysed. The principles of case law that were motivated by the specific circumstances of individual cases constrain the design of general rules. Secondary law cannot modify constitutional principles. At best, the legislature can hope to signal its political preferences to the Court.

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40

Constitution of the Criminal Law. Oxford University Press, Incorporated, 2013.

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41

Duff, R. A., Victor Tadros, Lindsay Farmer, S. E. Marshall, and Massimo Renzo. Constitution of the Criminal Law. Oxford University Press, 2013.

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42

Duff, R. A., Victor Tadros, Lindsay Farmer, S. E. Marshall, and Massimo Renzo. Constitution of the Criminal Law. Oxford University Press, 2013.

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43

Kim, Marie Seong-Hak. Custom, Law, and Monarchy. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192845498.001.0001.

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Ancien régime France did not have a unified law. Legal relations of the people were governed by a disorganized amalgam of norms, including provincial and local customs (coutumes), elements of Roman law and canon law that together formed jus commune, royal edicts and ordinances, and judicial decisions, all coexisting with little apparent internal coherence. The multiplicity of laws and the fragmentation of jurisdiction were the defining features of the monarchical era. A key subject in European legal history is the metamorphosis of popular customs into customary law, which covered a broad spectrum of what we call today private law. This book sets forth the evolution of law in late medieval and early modern France, from the thirteenth through the end of the eighteenth century, with particular emphasis on the royal campaigns to record and reform customs in the sixteenth century. The codification of customs in the name of the king solidified the legislative authority of the crown, the essential element of the absolute monarchy. Achievements of French legal humanism brought French custom and Roman law together to lay the foundation for the French law. The Civil Code of 1804 was the culmination of these centuries of work. Juristic, political, and constitutional approaches to the early modern state allow an understanding of French history in a continuum.

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44

Mantovani, Dario. More than Codes. Edited by Paul J. du Plessis, Clifford Ando, and Kaius Tuori. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198728689.013.3.

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The concept of a code, heavy laden with modern meaning, is not well suited as a historiographical category for interpreting the reality of Roman law. The risk of anachronism is increased by the fact that the modern ideology of codification has not only drawn on ancient catchwords (in particular from the constitutions to Justinian’s enactments), but has also altered their meaning. The Romans were no less aware of the need to organise and render accessible the law and responded to this need in different ways depending upon the particular epoch (from the XII Tables to Justinian). An overview of these types of responses point to a complex system of communication, giving rise to a “written space” within which the work of jurists operated alongside norms (appearing in various forms and with varying degrees of efficacy) promulgated positively and rendered public.

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45

Steiner, Eva. Law Reform. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198790884.003.0005.

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This chapter assesses the process of law reform in France. Although a full-time Commission has been set up in France to deal with the codification of the law, no similar permanent institution exists for keeping the law under review and for making recommendations for its systematic reform. There is thus no French equivalent for the Law Commission such as in other countries. Therefore law reform initiative has been left entirely to government departments and Members of Parliament and this is confirmed by the 1958 Constitution. Consequently, in practice, the majority of bills have their origin in government departments, and in particular the Ministry of Justice, whose function it is to deal with the organisation of the civil and criminal justice system. The role of supreme courts in reforming the law is also highlighted in the chapter.

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46

Bartlett, roger. The Bentham Brothers and Russia: The Imperial Russian Constitution and the St Petersburg Panopticon. UCL Press, 2022. http://dx.doi.org/10.14324/111.9781800082373.

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The jurist and philosopher, Jeremy Bentham, and his lesser-known brother, Samuel, equally talented but as a naval architect, engineer and inventor, had a long love affair with Russia. Jeremy hoped to assist Empress Catherine II with her legislative projects. Samuel went to St Petersburg to seek his fortune in 1780 and came back with the rank of Brigadier-General and the idea, famously publicised by Jeremy, of the Inspection-House or Panopticon. The Bentham Brothers and Russia chronicles the brothers’ later involvement with the Russian Empire, when Jeremy focused his legislative hopes on Catherine’s grandson Emperor Alexander I (ruled 1801-25) and Samuel found a unique opportunity in 1806 to build a Panopticon in St Petersburg – the only panoptical building ever built by the Benthams themselves. Setting the Benthams’ projects within an in-depth portrayal of the Russian context, Roger Bartlett illuminates an important facet of their later careers and offers insight into their world view and way of thought. He also contributes towards the history of legal codification in Russia, which reached a significant peak in 1830, and towards the demythologising of the Panopticon, made notorious by Michel Foucault: the St Petersburg building, still relatively unknown, is described here in detail on the basis of archival sources. The Benthams’ interactions with Russia under Alexander I constituted a remarkable episode in Anglo-Russian relations; this book fills a significant gap in their history.

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47

Schmidt, Susanne K. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198717775.003.0001.

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An intergovernmental treaty that has specific aims for cooperation has a very different thrust than national constitutions, which are designed to allow political order and to safeguard individual rights. I argue that the literature in political science on the ECJ is too focused on showing how member states can influence the Court. It overlooks the supranational outcomes that ensue when the Treaty contains policy prescriptions, while being constitutionalized through supremacy and direct effect. Through its case law, the Court provides additions to the Treaty. To demonstrate the importance of judicial policymaking through case-law development and codification, three steps are fundamental to the book’s argument. First, we have to understand both case-law development and the impact of the Court. Secondly and thirdly, we must ask how the ECJ’s case law may make a difference to policymaking at both the European and member-state levels.

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