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"Constitutional law Comparative studies."
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The Cambridge companion to comparative constitutional law
\"What is the purpose of comparative constitutional law? Comparing constitutions allows us to consider the similarities and differences in forms of government, and the normative philosophies behind constitutional choices. Constitutional comparisons offer \"hermeneutic\" help: they enable us to see \"our\" own constitution with different eyes and to locate its structural and normative choices by references to alternatives evident in other constitutional orders\"-- Provided by publisher.
Encuesta El MÉtodo Comparado En Derecho Constitucional
by
García Roca, Francisco Javier
,
García Morales, María Jesús
,
Balaguer Callejón, Francisco
in
comparative Constitutional Law
,
comparative Constitutional Law studies
,
Comparative law
2018
In this academic survey a group of Constitutional Law Professors answer some questions about the role of the comparative method in the Spanish constitutional law, and the influence of foreign models in the constitutional process, the legislator and the Constitutional Court, as well as about the present situation of comparative constitutional law studies.
Journal Article
Bankrupt representation and party system collapse
2011
In recent decades, Bolivia, Colombia, Italy, and Venezuela have all faced the turmoil and democratic crisis of party system collapse. In Bankrupt Representation and Party System Collapse, Jana Morgan analyzes the causes of such collapse. She does so through a detailed examination of Venezuela's traumatic party system decay as well as comparative analysis of seven other countries. Collapse occurs when the party system as a whole is unable to provide adequate linkage between society and the state, failing to furnish programmatic representation, integration of major societal interests, or clientelist exchanges. Linkage decays when party systems face challenges that jeopardize their core strategies at the same time that they are constrained in their ability to adapt and to confront these threats. If this decay is unchecked and linkage of all sorts fails, then the bankrupt party system collapses.
The Economic Consequences of Legal Origins
by
Shleifer, Andrei
,
La Porta, Rafael
,
Lopez-de-Silanes, Florencio
in
Civil law
,
Commercial law
,
Commercial regulation
2008
In the last decade, economists have produced a considerable body of research suggesting that the historical origin of a country's laws is highly correlated with a broad range of its legal rules and regulations, as well as with economic outcomes. We summarize this evidence and attempt a unified interpretation. We also address several objections to the empirical claim that legal origins matter. Finally, we assess the implications of this research for economic reform.
Journal Article
Constitutional Politics in Multinational Democracies
by
Lecours, André
,
Laforest, Guy
,
Brassard-Dion, Nikola
in
Case studies
,
Comparative government
,
Constitutional history
2021
Constitutional politics is exceptionally intense and
unpredictable. It involves negotiations over the very nature of the
state and the implications of self- determination. Multinational
democracies face pressing challenges to the existing order because
they are composed of communities with distinct cultures, histories,
and aspirations, striving to coexist under mutually agreed-upon
terms. Conflict over the recognition of these multiple identities
and the distribution of power and resources is inevitable and,
indeed, part of what defines democratic life in multinational
societies. In Constitutional Politics in Multinational
Democracies André Lecours, Nikola Brassard-Dion, and Guy
Laforest bring together experts on multinational democracies to
analyze the claims of minority nations about their political future
and the responses they elicit through constitutional politics.
Essays focus on the nature of these states and the actors and
political process within them. This framework allows for a
multidimensional examination of crucial political periods in these
democracies by assessing what constitutional politics is, who is
involved in it, and how it happens. Case studies include Catalonia
and Spain, Puerto Rico and the United States, Scotland and the
United Kingdom, Belgium, Bosnia and Herzegovina, and Quebec and the
Métis People in Canada. Theoretically significant and empirically
rich, Constitutional Politics in Multinational Democracies
is a necessary read for any student of multinationalism.
Constitutions in the Global Financial Crisis
2013,2016
This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions.
The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution. The volume's extensive comparative chapter pins down distinct constitutional reactions towards the financial crisis, building an explanatory theory that accounts for the different ways constitutions responded to the crisis. How and why constitutions formed their reactions in the face of the financial crisis unravels throughout the book.
Delegation and accountability in parliamentary democracies
by
Bergman, Torbjörn
,
Strom, Kaare
,
Müller, Wolfgang C.
in
Comparative Politics
,
Cross-cultural studies
,
Demokrati
2003
Parliamentary democracy is the most common way of organizing delegation and accountability in contemporary democracies. Yet knowledge of this type of regime has been incomplete and often unsystematic. Delegation and Accountability in Parliamentary Democracies offers new conceptual clarity on the topic. Taking principal-agent theory as its framework, the work illustrates how a variety of apparently unrelated representation issues can now be understood. This procedure allows scholarship to move well beyond what have previously been cloudy and confusing debates aimed at defining the virtues and perils of parliamentarism. This new empirical investigation includes all 17 West European parliamentary democracies. These countries are compared in a series of cross-national tables and figures, and 17 country chapters provide a wealth of information on four discrete stages in the delegation process: delegation from voters to parliamentary representatives, delegation from parliament to the prime minister and cabinet, delegation within the cabinet, and delegation from cabinet ministers to civil servants. Each chapter illustrates how political parties serve as bonding instruments, which align incentives and permit citizen control of the policy process. This is complemented by a consideration of external constraints, such as courts, central banks, corporatism, and the European Union, which can impinge on national-level democratic delegation. The concluding chapters go on to consider how well the problems of delegation and accountability are solved in these countries. Delegation and Accountability in Parliamentary Democracies provides an unprecedented guide to contemporary European parliamentary democracies. As democratic governance is transformed at the dawn of the twenty-first century, it illustrates the important challenges faced by the parliamentary democracies of Western Europe.
The Protection of Traditional Cultural Expressions in Africa
2017
This book evaluates the protection of traditional cultural expressions in Africa using South Africa, Kenya, Nigeria and Ghana as case study examples in the light of regional and international approaches in this respect.