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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 towards the outcome of the 2016 referendum, as well as the event of Brexit itself, might inform debates surrounding constitutional reform moving forward.
This book presents a comprehensive examination of the Declaration on Human Rights Defenders and provides an analysis of the level of its reflection in regional human rights systems. The book will be a valuable resource for academics and researchers working in the areas of International Human Rights Law and Constitutional Law.
This book studies recent insights about sovereignty and citizen participation in the Belgian Constitution. It is the first to make recent debates in this field accessible to international scholars and will be valuable to academics and researchers in Constitutional Law, Politics and Legal History.
The orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states to respect EU fundamental rights.
This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts'' argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts'' decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.
The collection of essays addresses a range of critical challenges - including societal acceleration, depoliticization, civic engagement, multi-faceted constituent power, modernization, populism and nationalism, and transnationalization.
This book features essays on Jeremy Bentham¿s major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence. Gathering together an impressive array of legal scholars from around the world the book offers a chance to reassess Bentham¿s theories of law as well as his impact on jurisprudence. This volume offers a thorough guide to reading Bentham¿s legal theory giving a detailed account of Bentham¿s major contributions to the most important contemporary debates in jurisprudence.
This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.
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