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  • Hart Publishing, Oxford - Good books for lawyers
    First Edition Jeremy Webber The book introduces and describes the principal characteristics of the Canadian Constitution including Canada s institutional structure and the principal drivers of Canadian constitutional development The Constitution is set in its historical context noting especially the complex interaction of national and regional societies that continues to shape the Constitution of Canada The book argues that aspects of the Constitution are best understood in agonistic terms as the product of a continuing encounter or negotiation with each of the contending interpretations rooted in significantly different visions of the relationship among peoples and societies in Canada It suggests how these agonistic relationships have in complex ways found expression in distinctive doctrines of Canadian constitutional law and how these doctrines represent approaches to constitutional legality that may be more widely applicable As such the book charts the Canadian expression of trans societal constitutional themes democracy parliamentarism the rule of law federalism human rights and Indigenous rights and describes the country that has resulted from the interplay of these themes Jeremy Webber is Dean of Law at the University of Victoria Canada He held the Canada Research Chair in Law and Society in the Faculty of Law of the University

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841133638 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    economic wealth these countries are nevertheless linked by their shared experience of colonial rule under the British Empire and their decision upon attaining independence to adopt a constitutional system of government based on the so called Westminster model Since independence these countries have in the main enjoyed a sustained period of relative political stability which is in marked contrast to the experience of former British colonies in Africa and Asia This book seeks to explore how much of this is due to their constitutional arrangements by examining the constitutional systems of these countries in their context and questioning how well the Westminster model of democracy has successfully adapted to its transplantation to the Commonwealth Caribbean While taking due account of the region s colonial past and its imprint on postcolonial constitutionalism the book also considers notable developments that have occurred since independence These include the transformation of Guyana from a parliamentary democracy to a Cooperative Republic with an executive president the creation of a Caribbean Single Market and Economy and its implications for national sovereignty and the replacement of the Judicial Committee of the Privy Council by the Caribbean Court of Justice as the final court of appeal for a

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461528 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    more than four decades on the principle of parliamentary supremacy Introducing a constitutional model and the concept of judicial review of laws the constitutional revolution of the 1990s started a new era in Israel s constitutional history The book s main themes include constitutional principles the legislature and the electoral system the executive the protection of fundamental rights and the crucial role of the Supreme Court in Israel s constitutional

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841138350 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    book provides an overview of Mexico s political evolution since it became independent from Spain in 1821 and its current constitutional arrangements principles and structures The aim is to explain this evolution as the result of struggles between the interests and ideologies of different groups within Mexican society each with a different political vision of how the State should be organised Chapter 1 reviews Mexico s constitutional trajectory and explains why democracy republicanism federalism separation of state and church protection of fundamental rights and the Nation s ownership of mineral resources first became constitutional principles Chapters 2 3 4 and 5 deal respectively with democracy and the electoral system and the legislative executive and judicial branches of federal government Chapter 6 introduces the institutional structure of Mexico s federal system while Chapter 7 discusses the rules principles and institutions for the protection of human rights Chapter 8 examines the constitutional regime of Mexico s economy The conclusion explains how a series of factors has combined to produce a gap between the formal Constitution and what can be seen as the living Constitution bridging that gap presents Mexican politics and society with one of its great contemporary challenges José Maria Serna

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462884 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    was framed After offering a theory to justify the authority of the Constitution over ordinary laws the book proceeds to explain the basic principles of the Spanish political regime as well as the structure of its complex legal system Later chapters focus on various institutions such as the Crown Parliament and the Government A specific chapter is devoted to the territorial distribution of power between the State the regions and

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460163 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Constitution was not an isolated act it represents part of an evolutionary process which continues to this day Even though it is codified the constitution of the Fifth Republic has evolved so markedly that some commentators have dubbed the present institutional balance the Sixth Republic It is this dynamic of the constitution which this book seeks to explain At the same time the book shows how the French constitution has

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841137353 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    an apologia by successive authoritarian regimes A bare bones text originally intended as a temporary measure it did little beyond establish basic state organs including a powerful presidency It did not offer citizens real guarantees or protections These weaknesses were ruthlessly exploited by the military backed regime that President Soeharto headed from 1966 until his fall in 1998 The first ever amendments to the Constitution which began the following year and were completed in 2002 changed all this Enlarging and rethinking the Constitution they ushered in a liberal democratic system based around human rights an open society and separation of powers These reforms also created a Constitutional Court that has provided Indonesia s first judicial forum for serious debate on the interpretation and application of the Constitution as well as its first significant and easily accessible body of detailed and reasoned judgments Today Indonesian constitutional law is rich sophisticated and complex This book surveys this remarkable constitutional transition assessing the implementation of Indonesia s new constitutional model and identifying its weaknesses After covering key institutions exercising executive legislative and judicial powers the book focuses on current constitutional debates ranging from human rights to decentralisation religious freedom and control of the

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460187 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Malaysia A Contextual Analysis First Edition Andrew Harding Malaysia s constitution was set at the independence of the Federation of Malaya in 1957 along the lines of the Westminster model embracing federalism and constitutional monarchy That it has endured is explained in terms of the social contract agreed between the leaders of the three main ethnic groups Malay Chinese Indian before independence However increasing ethnic tension erupted in violence in 1969 after which the social contract was remade in ways that contradicted the basic assumptions underlying the 1957 Constitution The outcome was an authoritarian state that implemented affirmative action in an attempt to orchestrate rapid economic development and more equitable distribution In recent years constitutionalism as enshrined in the 1957 Constitution but severely challenged during the high authoritarianism of Prime Minister Tun Dr Mahathir Mohamad s developmental state has become increasingly relevant once again However conflict over religion has replaced ethnicity as a source of discord This book examines the Malaysian approach to constitutional governance in light of authoritarianism and continuing inter communal strife and explains the ways in which a supposedly doomed colonial text has come to be known as our constitution Andrew Harding is Professor of Law and

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841139715 (2016-02-13)
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