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Published by Oxford University Press, 2015
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Published by Oxford University Press, 2024
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Published by Cambridge University Press, 2026
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Published by Cambridge University Press, 2026
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Buch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - Arguments from failure - arguments that an institution must expand its powers because another institution is failing in some way 'to do its job' - are commonplace. From structural reform litigation, where courts sometimes assume administrative or legislative functions, to the Uniting for Peace Resolution of the UN General Assembly, to the recent bill quashing British subpostmasters' convictions - such arguments are offered in justification for unorthodox exercises of public power. But in spite of their popularity, we lack a good understanding of these arguments in legal terms. This is partly because failure itself is a highly malleable concept and partly because arguments from failure blur into other more familiar legal doctrines about implied powers or emergencies. We can do better. We should recognize arguments from failure as a distinct concept of public law and understand that contemporary constitutional theory offers us tools to evaluate such arguments in different settings This title is also available as open access on Cambridge Core.
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Published by Oxford University Press Sep 2024, 2024
ISBN 10: 019286615X ISBN 13: 9780192866158
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Buch. Condition: Neu. Neuware - Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving Which more recent parts should be defining of the field In this context, this book asks which are - or should be - the canonical texts of comparative constitutionalism. The theoretical scope of the contributions is broad and ambitious, selecting primary material from beyond the existing textbooks to engage the concept of a canon. This framework provides significant insights about inclusion and exclusion, and proposes candidates for canonical and anti-canonical materials. The result is a wide-ranging discussion, among many voices, of how particular judgments and other primary texts have shaped or should shape our understanding of central elements of democratic constitutionalism from a comparative law perspective. This book is not a prescription of one universal understanding, but a broader conversation about the field and the future of constitutional democracy.
ISBN 10: 1009646664 ISBN 13: 9781009646666
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Language: English
Published by Cambridge University Press, Cambridge, 2026
ISBN 10: 1009646664 ISBN 13: 9781009646666
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Hardcover. Condition: new. Hardcover. Arguments from failure arguments that an institution must expand its powers because another institution is failing in some way 'to do its job' are commonplace. From structural reform litigation, where courts sometimes assume administrative or legislative functions, to the Uniting for Peace Resolution of the UN General Assembly, to the recent bill quashing British subpostmasters' convictions such arguments are offered in justification for unorthodox exercises of public power. But in spite of their popularity, we lack a good understanding of these arguments in legal terms. This is partly because failure itself is a highly malleable concept and partly because arguments from failure blur into other more familiar legal doctrines about implied powers or emergencies. We can do better. We should recognize arguments from failure as a distinct concept of public law and understand that contemporary constitutional theory offers us tools to evaluate such arguments in different settings This title is also available as open access on Cambridge Core. This book offers a new legal account of arguments from failure --arguments that an institution must expand its powers because another institution is failing in some way 'to do its job'. This item is printed on demand. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.