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Beginning Constitutional Law
Whether you’re new to higher education, coming to legal study for the first time or just wondering what Constitutional Law is all about, Beginning Constitutional Law is the ideal introduction to help you hit the ground running.Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary avaliable on the companion website, Nick Howard breaks the subject of constitutional law down using practical everyday examples to make it understandable for anyone, whatever their background.Diagrams and flowcharts simplify complex issues, important cases are identified and explained, and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. This second edition has been updated to keep up to date with developments both before and after the 2015 General Election as well as ongoing proposals for reform, including:• The referendum on independence for Scotland, increased devolved powers and the continued threat of the break-up of the Union. • Proposals to repeal the Human Rights Act 1998 and replace it with a British Bill of Rights. • The in/out referendum on EU membership. • Reform of the role and composition of the House of Lords. Beginning Constitutional Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.
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Poland's Constitutional Breakdown
Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive.Political rights have been radically restricted, and the Party has captured the entire state apparatus.The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy.Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015?Why did it happen? And what are the prospects for a return to liberal democracy?These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'.As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron.By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory.There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.
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EU Constitutional Law
This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union.It is a first point of reference for issues of EU constitutional law.The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom.The second part covers the competences of the European Union.It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains.The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters.Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action.The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights.The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.
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Is compulsory education constitutional?
Compulsory education is constitutional in the United States. The Supreme Court ruled in 1925 in the case of Pierce v. Society of Sisters that parents have the right to choose the type of education their children receive, but the state also has the authority to require children to attend school. This decision upheld the constitutionality of compulsory education laws, as long as parents have the option to choose between public and private schools. Additionally, the 10th Amendment of the U.S. Constitution gives states the authority to regulate education within their borders, including mandating compulsory education.
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Is a constitutional monarchy unconstitutional?
No, a constitutional monarchy is not unconstitutional. In a constitutional monarchy, the monarch's powers are limited by a constitution, which outlines the monarch's role and responsibilities within the government. This system allows for a balance of power between the monarch and other branches of government, ensuring that the monarchy operates within the framework of the constitution.
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What are the constitutional organs?
The constitutional organs are the key institutions established by a country's constitution to carry out the functions of government. These organs typically include the executive branch, which is responsible for implementing and enforcing laws; the legislative branch, which is responsible for making laws; and the judicial branch, which is responsible for interpreting laws and ensuring their constitutionality. In some countries, there may also be additional constitutional organs such as an independent electoral commission or a constitutional court. These organs work together to ensure the proper functioning of a country's government and the protection of its citizens' rights.
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Was the Socialist Law constitutional?
The Socialist Law, implemented in Germany in 1878, was controversial and faced criticism for its restrictions on socialist activities and political freedoms. While it was passed by the German Reichstag and upheld by the courts, many argued that it violated constitutional principles such as freedom of speech and association. Ultimately, the law was allowed to expire in 1890, suggesting that its constitutionality was questionable.
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European Constitutional Law
European Constitutional Law uses a distinctive two-part structure to examine the legal foundations and powers of the European Union.Written in a uniquely engaging style, and full of logical explanations and illuminating analyses, Schütze provides students with the means for a sophisticated study of the subject.Extensive diagrams and tables clarify key concepts and processes; and the book's critical approach ensures awareness of the intricacies of European constitutional law.A practical appendix and the author's companion webpage help students to find and read primary and secondary legal sources. Digital formats and resourcesThe third edition is available for students and institutions to purchase in a variety of formats.The e-book offers a mobile experience and convenient access, along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks.
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Constitutional Reform and Brexit
This book examines the extent to which Brexit has impacted upon the operation of the British Constitution, prompting in turn consideration of how some of the factors which contributed to the outcome of the 2016 referendum, as well as the event of Brexit itself, might inform debates surrounding constitutional reform moving forward.The work seeks to make sense of the constitutional implications of Brexit and to revisit some of the key debates that have taken place in respect of particular constitutional reform proposals in order to assess the extent to which recent Brexit-related developments inform the perspectives which are taken upon their merits and prospects.The book is divided into two parts. The first provides some context for the substantive treatment of the potential impact of Brexit on constitutional reform debates which forms the focus of Part II.Part II centres on various specific constitutional reform themes or issues, which are explored further within the context of Brexit.For each such issue, the main parameters of the debates which have taken place are sketched out before moving on to consider how it has informed, or may come to be informed, by the phenomenon of Brexit.By so doing, it looks to some future directions for constitutional reform which take account of the factors driving the discourses which gave rise to the referendum outcome and subsequent developments, as well as offering meaningful responses to these.The book will be of interest to academics, researchers and policy-makers working in the areas of constitutional law, constitutional politics, philosophy and history.
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Constitutional and Administrative Law
Using numerous topical examples and a clear structure, this third edition textbook provides an accessible, discursive and scholarly treatment of the key contemporary issues in UK public law.Drawing upon their extensive teaching and research experience, Roger Masterman and Colin Murray offer an engaging account of the key topics which make up a constitutional and administrative, or public, law syllabus.Controversial issues and broader debates are highlighted throughout the text, allowing the reader to develop a strong understanding of both the application of key topics in the field and the socio-political context in which the constitution has developed.This fully revised edition includes detailed analysis of recent significant cases, the constitutional implications of the Covid-19 pandemic and a dedicated chapter on the consequences of Brexit.
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Constitutional Erosion in Brazil
This book provides a fascinating analysis of a single jurisdiction, Brazil, and accounts for both the successes and the failures of its most recent constitutional project, inaugurated by the Constitution of 1988. It sets out the following aspects of the constitutional development and erosion:- the different phases of the promised transition from military rule to a ‘social-democratic constitutionalism’; - the obstacles to democratisation derived from the absence of true institutional reforms in the judicial branch and in the civil-military relationship; - the legal and social practices which maintained a structure that obstructed the emergence of an effective social-democracy, such as the neoliberal pattern, the acceptance in the political field of unlawful organisations, such as the milícias, and the way the digital revolution has been harming the formation of democratic sovereignty.Situating Brazil in the global context of the revival of authoritarianism, it details the factors which are common to the third wave of democratisation reflux.Accounting for those aspects, particular to the Brazilian jurisdiction, it shows that there is a tension in the Brazilian constitution. On the one hand, such constitutionalism was renewed by democratic pressure on governments to undertake social politics since 1988.On the other hand, it retained authoritarian practices through the hands of diverse institutions and political actors. By exploring the ideas of constitutional erosion and collapse, as well as democratic, social and digital constitutionalism, the book presents a comparative analysis of Brazil and other jurisdictions, including the United States, South Africa, and Peru.
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What makes a constitutional state?
A constitutional state is characterized by a framework of laws and principles that establish the powers, duties, and limitations of government institutions. It is governed by a constitution that outlines the rights and freedoms of individuals, the separation of powers, and the rule of law. In a constitutional state, the government is bound by the constitution and must operate within its legal constraints, ensuring accountability and protecting the rights of its citizens. Additionally, a constitutional state typically includes mechanisms for judicial review to uphold the constitution and resolve disputes.
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Is the AfD anti-constitutional?
The AfD (Alternative for Germany) has faced criticism for some of its policies and statements that are seen as anti-constitutional. For example, the party has been accused of promoting xenophobic and nationalist views that go against the principles of equality and non-discrimination enshrined in the German constitution. However, the party itself has not been banned or declared unconstitutional by the German authorities. Ultimately, whether the AfD is considered anti-constitutional is a matter of interpretation and debate.
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Is America a constitutional state?
Yes, America is a constitutional state. The United States is governed by a constitution that outlines the structure of the government, the rights and responsibilities of citizens, and the limitations of governmental power. The U.S. Constitution is the supreme law of the land and serves as the foundation for the country's legal and political system. The principles of constitutionalism, rule of law, and separation of powers are fundamental to the American system of government.
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What is the role of the Federal Constitutional Court in relation to constitutional complaints?
The Federal Constitutional Court in Germany plays a crucial role in reviewing constitutional complaints. It is responsible for ensuring that laws and government actions comply with the German Constitution. Citizens can file constitutional complaints with the court if they believe their constitutional rights have been violated. The court then assesses the complaint and has the power to declare laws or government actions unconstitutional, providing a vital mechanism for protecting individual rights and upholding the rule of law.
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