Constitutions

Constitutions

Author: Judith Pryor

Publisher: Routledge

Published: 2007-08-09

Total Pages: 256

ISBN-13: 1134082924

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Bringing a postcolonial perspective to UK constitutional debates and including a detailed and comparative engagement with the constitutions of Britain’s ex-colonies, this book is an original reflection upon the relationship between the written and the unwritten constitution. Can a nation have an unwritten constitution? While written constitutions both found and define modern nations, Britain is commonly regarded as one of the very few exceptions to this rule. Drawing on a range of theories concerning writing, law and violence (from Robert Cover to Jacques Derrida), Constitutions makes a theoretical intervention into conventional constitutional analyses by problematizing the notion of a ‘written constitution’ on which they are based. Situated within the frame of the former British empire, this book deconstructs the conventional opposition between the ‘margins’ and the ‘centre’, as well as between the ‘written’ and ‘unwritten’, by paying very close, detailed attention to the constitutional texts under consideration. Pryor argues that Britain’s ‘unwritten’ constitution and ‘immemorial’ common law only take on meaning in a relation of difference with the written constitutions of its former colonies. These texts, in turn, draw on this pre-literate origin in order to legitimize themselves. The ‘unwritten’ constitution of Britain can therefore be located and dislocated in postcolonial written constitutions. Constitutions is an excellent addition to the bookshelves of all students of the philosophy of law, political theory, constitutional and administrative law and jurisprudence.


Constitutional Reform in Britain and France

Constitutional Reform in Britain and France

Author: Elizabeth Gibson-Morgan

Publisher: University of Wales Press

Published: 2017-09-15

Total Pages: 242

ISBN-13: 1786831236

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Any attempt at comparing contemporary change in the UK and France is a bold one, since it means discussing two very different countries with strong distinctive constitutional identities. This book places its emphasis on the shared historical, political and cultural background of the UK and France, before focusing on the sweeping transformation of their constitutional frameworks in the past quarter of a century at a national and regional level – with a particular emphasis on Wales and Scotland – which culminated in the June 2016 referendum on Britain’s EU membership. Instead of examining each country separately, however, as is traditional, this study breaks new ground by explaining the pattern of institutional development in Britain and France from a comparative Franco-British perspective. It explores the complexities of recent constitutional change in both countries in an original and comprehensive way, and gives both British and French readers a deeper understanding of the two countries that have some much in common even though Brexit could drive them apart.


How America Compares

How America Compares

Author: Rodney Tiffen

Publisher: Springer Nature

Published: 2019-11-13

Total Pages: 203

ISBN-13: 9811395829

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This book is a reference work with an encyclopedic range, offering contemporary and systematic comparisons between the United States and 17 other economically advanced, stable liberal democracies, as well as some more global comparisons. It offers international data on as many aspects of social life as possible, from taxation to traffic accidents, homicide rates to health expenditure, and interest rates to internet usage. Wherever possible, it offers not only the most recent available data but also trends over decades. The discussion focuses on changes over time and comparisons between countries. Sometimes the contrasts are striking; sometimes the commonalities are more instructive. Often national political debates are conducted in a vacuum, and examining comparative data on policies, performance, and prospects can give a better perspective.


A Global Environmental Right

A Global Environmental Right

Author: Stephen Turner

Publisher: Routledge

Published: 2013-09-11

Total Pages: 215

ISBN-13: 1135090246

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The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way through different legal regimes. This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance. Taking a problem solving approach, the book seeks to demonstrate how straightforward and logical changes to the existing global legal architecture would address some of the fundamental root causes of environmental degradation. It puts forward a draft global environmental right that would integrate duties for both state and non-state actors within reformed systems of environmental governance and a rational framework for business and industry to adhere to in order that those systems could be made operational. It also examines the failures of the existing international climate change regime and explains how the draft global environmental right could remedy existing deficits. This innovative and interdisciplinary book will be of great interest to policy-makers, students and researchers in international environmental law, climate change, environmental politics and global environmental governance as well as those studying the WTO, international trade law, human rights law, constitutional law and corporate law.