Libri: "Comparative constitutional justice"

1

Padovani, Julien. Essai de modélisation de la justice constitutionnelle: Pour une approche téléologique du contentieux constitutionnel. Paris La Défense: LGDJ, un savoir-faire de Lextenso, 2022.

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2

1950-, Sadurski Wojciech, a cura di. Constitutional justice, east and west: Democratic legitimacy and constitutional courts in post-communist Europe in a comparative perspective. The Hague: Kluwer Law International, 2003.

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3

Basu, Durga Das. Commentary on the Constitution of India: Being a comparative treatise on the universal principles of justice and constitutional government with special reference to the organic instrument of India. Calcutta: Available from Kamal Law House, 1989.

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4

F, Schauer Frederick, Peczenik Aleksander, Laporta Francisco J. 1945- e SpringerLink (Online service), a cura di. Race, Rights, and Justice. Dordrecht: Springer Netherlands, 2009.

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5

V, Chandrachud Y., Subbramani S. S. 1938-, Manohar V. R e Banerjee Bhagabati Prosad, a cura di. Commentary on the Constitution of India: Being a comparative treatise on the universal principles of justice and constitutional government with special reference to the organic instrument of India. 8^a ed. Agra: Wadhwa & Co., 2007.

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6

Carías, Allan-Randolph Brewer. Derecho procesal constitucional: Instrumentos para la justicia constitucional. San José, Costa Rica: IJSA, Investigaciones Juridicas S.A., 2012.

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7

Carías, Allan-Randolph Brewer. Derecho procesal constitucional: Instrumentos para la justicia constitucional. Bogotá, D.C., Colombia: Ediciones Doctrina y Ley Ltda., 2013.

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8

Torelly, Marcelo. Justiça de transição e estado constitucional de direito: Perspectiva teórico-comparativa e análise do caso brasileiro. Belo Horizonte: Editora Fórum, 2012.

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9

Hourquebie, Fabrice, e Virginie Peltier. Droit constitutionnel et grands principes du droit pénal: Actes du colloque organisé les 8 et 9 novembre 2012 par le Centre d'études et de recherches comparatives sur les constitutions, les libertés et l'État (C.E.R.C.C.L.E.) et l'Institut de sciences criminelles et de la justice (I.S.C.J.). Paris: Éditions Cujas, 2013.

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10

Nicolini, Matteo, e Silvia Bagni. Comparative Constitutional Justice. Boom Uitgevers Den Haag, 2021.

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11

Nicolini, Matteo, e Silvia Bagni. Comparative Constitutional Justice. Boom Uitgevers Den Haag, 2021.

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12

Barsotti, Vittoria, Paolo G. Carozza, Andrea Simoncini e Marta Cartabia. Dialogues on Italian Constitutional Justice: A Comparative Perspective. Taylor & Francis Group, 2020.

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13

Barsotti, Vittoria, Paolo G. Carozza, Andrea Simoncini e Marta Cartabia. Dialogues on Italian Constitutional Justice: A Comparative Perspective. Taylor & Francis Group, 2020.

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14

Barsotti, Vittoria, Paolo G. Carozza, Andrea Simoncini e Marta Cartabia. Dialogues on Italian Constitutional Justice: A Comparative Perspective. Taylor & Francis Group, 2020.

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15

Barsotti, Vittoria, Paolo G. Carozza, Andrea Simoncini e Marta Cartabia. Dialogues on Italian Constitutional Justice: A Comparative Perspective. Taylor & Francis Group, 2020.

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16

Dialogues on Italian Constitutional Justice: A Comparative Perspective. Routledge, Chapman & Hall, Incorporated, 2023.

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17

Dann, Philipp, Michael Riegner e Maxim Bönnemann, a cura di. The Global South and Comparative Constitutional Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850403.001.0001.

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Although the Global South represents ‘most of the world’ in terms of constitutions and population, it is still underrepresented in comparative constitutional discourse. Against this background, this volume posits that it is high time for a ‘Southern turn’ in comparative constitutional scholarship. It aims to take stock of existing scholarship on the Global South and comparative constitutional law and to move the debate forward. It brings together authors who all hail from, or are based in, the Global South and who represent a range of regions, perspectives, and methodological approaches. They address the theoretical and epistemic foundations of Southern constitutionalism and discuss its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as discipline and field of knowledge.

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18

Sadurski, Wojciech. Constitutional Justice, East and West: Democratic Legitimacy and Constitutional Courts in Post-Communist Europe in a Comparative Perspective. Springer, 2010.

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19

Sadurski, W. Constitutional Justice, East and West: Democratic Legitimacy and Constitutional Courts in Post-Communist Europe in a Comparative Perspective (Law and Philosophy Library). Springer, 2002.

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20

Manuel Jose, Cepeda Espinosa, e Landau David, a cura di. Colombian Constitutional Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190640361.001.0001.

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This book makes available the case law of the Colombian Constitutional Court in English, which has become one of the most creative and important courts of the global south and the world since its creation in 1991. It provides concise and carefully chosen extracts of the Court’s most important cases, along with notes and introductory materials to place them in a historical and comparative context. The book covers the Court’s landmark rights jurisprudence, including the decriminalization of drug possession, the legalization of same-sex marriage, the protection of social rights through broad structural orders such as the ones covering internally displaced persons and the right to health, the protection of the rights of indigenous peoples to cultural autonomy and to be consulted before economic projects are undertaken on their land, and the rights of victims of the country’s long-running internal armed conflict to truth, justice, and reparations. It also covers the Court’s most noteworthy structural cases, particularly its successful attempt to limit the use of states of exception and its substitution of the constitution doctrine. The materials highlight the Court’s contributions in a comparative perspective, showing how they are exemplary of a range of problems faced by courts around the world and particularly as an example of aggressive judicial review by the courts of the global south. At the same time, they demonstrate how many of the Court’s key cases are reactions to the historical features of the Colombian legal and social landscape.

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21

Alter, Karen J., e Laurence R. Helfer. Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780199680788.003.0008.

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This chapter explores a different issue raised by the Andean Tribunal of Justice's (ATJ's) origins as a legal transplant — when do international judges engage in expansive judicial lawmaking? Although many scholars assert that international courts are hard-wired for self-aggrandizement, this comparative study of the ATJ and the European Union's Court of Justice (ECJ) reveals that the political contexts in which courts are embedded are critical to how expansively they interpret their authority. Hence this chapter develops the Andean Community analogue to Joseph Weiler's famous account of the ECJ's transformation of Europe. It explores how variations in political support for integration over time have influenced lawmaking by international judges in the Andes and in Europe. The chapter focuses in particular on the ATJ's refusal to follow the ECJ in transforming the Andean Community's founding treaty, the Cartagena Agreement, into a constitutional blueprint for regional integration.

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22

(Editor), Juliane Kokott, Ingolf Pernice (Editor) e Cheryl Saunders (Editor), a cura di. The Future of the European Judicial System in a Comparative Perspective: 6th International Ecln-colloquium / Iacl Round Table Berlin, 2-4 November 2005 (European Constitutional Law Network). Nomos Verlagsgesellschaft, 2006.

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23

Glaser, Henning, Bartosz Makowicz e Miroslaw Wyrzykowski, a cura di. Die Grundwerte- und Grundrechtsordnung in Polen und Deutschland | System podstawowych wartosci i praw w Niemczech i w Polsce. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845245522.

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This book, which conducts a comparative analysis of constitutions and consists of two main parts, focuses on the basic constitutional laws in Poland and Germany. The first part contains an extensive study of the aforementioned laws in both countries, their significance in terms of the actual constitutions of those countries and their historical, cultural and political foundations in the context of European public law. The second part presents a series of individual theoretical and practice-oriented studies, including ten contributions by former and current judges at both Poland’s and Germany’s constitutional courts and the European Court of Justice. The main subjects these essays address are the challenges to the basic constitutional laws currently posed by the friction between freedom and security, the European dimension of fundamental rights protection and the situation relating to fundamental rights in a globalised world. This bilingual anthology offers its readers in-depth and multifaceted analyses of the basic constitutional laws in Poland and Germany, plus extensive comparative legal references.

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Decisions of the Federal Constitutional Court. Nomos Verlagsgesellschaft mbH & Co. KG, 2022. http://dx.doi.org/10.5771/9783748930006.

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Curated, translated and edited by the Court’s translation unit in collaboration with the Justices, the sixth volume of this English-language series is dedicated to one of the cornerstones of German fundamental rights architecture: the general right of personality. Following a thematic introduction by Justices of the Court, this volume presents 45 leading cases that map the constitutional protection of self-determination, identity and privacy from the early foundations to recent decisions on the right to be forgotten, assisted suicide and the state’s surveillance powers abroad. For the international legal community, scholars and anyone interested in comparative law, this book constitutes an invaluable guide to decades of constitutional case-law in Germany.

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25

Derecho procesal constitucional: Instrumentos para la justicia constitucional. Caracas: Editorial Jurídica Venezolana, Fundación de Estudios de Derecho Administrativo, 2014.

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26

Koskenniemi, Martti, e Ville Kari. A More Elevated Patriotism. A cura di Heikki Pihlajamäki, Markus D. Dubber e Mark Godfrey. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198785521.013.43.

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This chapter explores the origins of the disciplines of international and comparative law in nineteenth-century Europe. It charts in broad terms the emergence of comparative studies of law in France, Germany, Britain, and elsewhere among jurists and scholars who sought to deploy the language of law in the service of both universal and domestic ‘civilization’. In an age of rapid societal, economic, constitutional, and technological change, a progressive spirit of development of the law in all its dimensions thrived in a constant intercourse between the national, colonial, and international legal spheres of thought. Later in the century, various specialized branches of cosmopolitan legal studies including international law and comparative law branched off to their own academic and institutional fields. These nonetheless continued to share many ideas about universal justice, the liberal ideals, the role of Europe in the world, and other matters.

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27

Bonelli, Matteo, Mariolina Eliantonio e Giulia Gentile, a cura di. Article 47 of the EU Charter and Effective Judicial Protection, Volume 2. Hart Publishing, 2023. http://dx.doi.org/10.5040/9781509948024.

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This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU’s judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used this principle to shape EU and national procedural rules; more recently, the principle has acquired a central role in the EU constitutional structure. In this second volume, an expert team explores how national courts have applied Article 47 and the principle of effective judicial protection. Through a comparative analysis, the book assesses the level of convergence (or divergence) of the national approaches. The questionnaire methodology allows for an accurate charting of national courts’ application of the EU provisions at the domestic level. Given the wide application of Article 47, the volume will provide a comprehensive analysis of the national case law to EU constitutional scholars, comparative lawyers and civil servants both at the national and EU level.

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Iliopoulos-Strangas, Julia, a cura di. Soziale Grundrechte in den "neuen" Mitgliedstaaten der Europäischen Union. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845297019.

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This new book edited by Julia Iliopoulos-Strangas continues and, for the time being, concludes her examination of fundamental social rights as an integral part of the constitutional frameworks of the EU’s Member States, which she has conducted for many years. Her first anthology in French entitled ‘La protection des droits sociaux fondamentaux dans les Etats membres de l’Union européenne – Étude de droit comparé’ was followed in 2010 by her first book in German entitled ‘Soziale Grundrechte in Europa nach Lissabon – Eine rechtsvergleichende Untersuchung der nationalen Rechtsordnungen und des europäischen Rechts’ (Fundamental Social Rights in Europe after the Treaty of Lisbon—A legal comparative examination of national legal systems and EU law). According to Klaus Stern in the book’s foreword, through this study Iliopoulos-Strangas had enriched the academic world and political and legal practice with an unrivalled work. This new book contains contributions by renowned legal experts from all the ‘new’ EU Member States, namely from the former Eastern bloc, Malta and Cyprus. In part 1, reports on each country reveal the extent to which the individual constitutions of the ‘new’ EU Member States have upheld basic social rights. Part 2 is comprised of a critical legal comparison and survey by the editor, which collates important findings on the protection of fundamental social rights in the aforementioned 13 new EU Member States that have as yet been unavailable in such a form. As the European Court of Justice has taken recourse to the constitutional traditions of the EU’s Member States, the legal comparison the book conducts in this respect appears to be essential for the development of EU law.

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Lacroix, Stéphane, e Jean-Pierre Filiu, a cura di. Revisiting the Arab Uprisings. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190876081.001.0001.

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Since 2013, the Middle East has experienced a double trend of chaos and civil war, on the one hand, and the return of authoritarianism, on the other. That convergence has eclipsed the political transitions that occurred in the countries whose regimes were toppled in 2011, as if they were merely footnotes to a narrative that naturally led from an “Arab Spring” to an “Arab Winter”. This volume aims at rehabilitating those transitions, by considering them as expressions of a “revolutionary moment” whose outcome was never pre-determined, but depended on the choices of a large range of actors. It brings together leading scholars of Arab politics to adopt a comparative approach to a few crucial aspects of those transitions: constitutional debates, the question of transitional justice, the evolution of civil-military relations, and the role of specific actors, both domestic and international.

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Arato, Andrew, e Jean L. Cohen. Populism and Civil Society. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197526583.001.0001.

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Populism and Civil Society: The Challenge to Constitutional Democracy is a theoretical work that draws on extensive secondary literature as well as comparative analysis of cases. The aim is to assess the significance of what is now a global phenomenon—the populist challenge to constitutional democracy. After defining populism using the methods of immanent criticism and ideal typic construction, the book proceeds to examine the challenge in terms of its four main organizational forms: movement mobilization, political party, government, and regime. It considers the important questions: “why populism?” and “why now?” Without presupposing the authoritarian logic of the phenomenon in the definition, the book seeks to demonstrate this logic through the reconstruction of the main elements used by advocates to identify populism. It shows that authoritarian logic is not fully realized in every empirical form of populism and considers why this is so for many movement and party forms, and even populists “in” government vs. populism as “the” government. We identify the historical examples of the latter as “hybrid” regimes blending authoritarian elements and residual democratic forms. The book then proceeds to consider the uneasy relationship of populism to constitutionalism and presents populism as a form of abusive or instrumental “constitutionalism” often relying on the alleged permanence of the quasi-revolutionary constituent power. It concludes by outlining a non- and anti-populist project of democratization and social justice, distinguishing between the “popular” and the “populist,” and outlining a program based on the plurality of democracies and the rescue of some of left populism’s “host ideologies.”

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31

Harris, Edward M., e Mirko Canevaro, a cura di. The Oxford Handbook of Ancient Greek Law. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199599257.001.0001.

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This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was published online. For more information, please read the site FAQs. The Oxford Handbook of Ancient Greek Law is a general introduction to the law and legal procedure of Greece from the Archaic period to the Roman conquest. The handbook provides a reliable survey of the evidence and a critical evaluation of recent trends in scholarship. Among the contributors are some of the foremost experts in the field. It covers all aspects of ancient Greek law and the major topics of scholarly debate and reviews the status of the available evidence, especially the epigraphical material. As a whole, the handbook offers new perspectives, while at the same time discussing important avenues for future research. The volume attempts to do justice to the local features of the legal system of the numerous Greek city-states, while at the same time outlining the general legal principles that bound the Greek cities together. Some chapters examine individual poleis (Athens, Sparta, Gortyn, Ptolemaic Egypt), whole others are devoted to comparative studies of specific topics in the field: constitutional law, citizenship, marriage law, control of magistrates, law and economy, slavery and manumission, interstate relations, and amnesties aimed at ending stasis. Several chapters also examine the connection between law and political philosophy in the ancient Greek world. Each chapter starts by placing the topic within the larger historical context, then provides an overview of the evidence and methodological issues, detailed discussion of major topcis, and a critical evaluation of recent trends in scholarship.

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32

Hardy, Duncan. Associative Political Culture in the Holy Roman Empire. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198827252.001.0001.

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What was the Holy Roman Empire in the fourteenth to sixteenth centuries? At the turning point between the medieval and early modern periods, this vast central European polity was the continent’s most politically fragmented. The imperial monarchs were often weak and distant, while an array of regional actors played autonomous political roles. The Empire’s obvious differences from more centralized European kingdoms have stimulated negative judgements and fraught debates, expressed in the historiographical concepts of fractured ‘territorial states’ and a disjointed ‘imperial constitution’. This book challenges these interpretations through a wide-ranging case study of Upper Germany between 1346 and 1521. By examining the interactions of princes, prelates, nobles, and towns comparatively, it demonstrates that a range of actors and authorities shared the same toolkit of rituals, judicial systems, and configurations of government. Crucially, Upper German elites all participated in leagues, alliances, and other treaty-based associations. As frameworks for collective activity, associations were a vital means of enabling and regulating warfare, justice and arbitration, and even lordship and administration. The prevalence of associations encouraged a mentality of ‘horizontal’ membership of political communities, so that even the Empire itself came to be understood and articulated as an extensive and multi-layered association. On the basis of this evidence, the book offers a new and more coherent vision of the Holy Roman Empire as a sprawling community of interdependent elites who interacted within the framework of a shared ‘associative political culture’, which constituted an alternative structure and pathway of political development in pre-modern Europe.

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Libri sul tema "Comparative constitutional justice"

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