Documents  Oxford university press | enregistrements trouvés : 11

Présentation de l'éditeur : "Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. This Oxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing."

Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship. Présentation de l'éditeur

Présentation de l'éditeur : "This book discusses the revolutionary broadening of concepts of freedom of press and freedom of speech in Great Britain and in America in the late eighteenth century, in the period that produced state declarations of rights and then the First Amendment and Fox's Libel Act.

The conventional view of the history of freedoms of press and speech is that the common law since antiquity defined those freedoms narrowly, and that Sir William Blackstone in 1769, and Lord Chief Justice Mansfield in 1770, faithfully summarized the common law in giving a very narrow definition of those freedoms as mere liberty from prior restraint and not liberty from punishment after something was printed or spoken.

This book proposes, to the contrary, that Blackstone carefully selected the narrowest definition that had been suggested in popular essays in the prior seventy years, in order to oppose the growing claims for much broader protections of press and speech. Blackstone misdescribed his summary as an accepted common law definition, which in fact did not exist. A year later, Mansfield inserted a similar definition into the common law for the first time, also misdescribing it as a long-accepted definition, and soon misdescribed the unique rules for prosecuting sedition as having an equally ancient pedigree. Blackstone and Mansfield were not declaring the law as it had long been, but were leading a counter-revolution about the breadth of freedoms of press and speech, and cloaking it as a summary of a narrow common law doctrine that in fact was nonexistent.

That conflict of revolutionary view and counter-revolutionary view continues today. For over a century, a neo-Blackstonian view has been dominant, or at least very influential, among historians. Contrary to those narrow claims, this book concludes that the broad understanding of freedoms of press and speech was the dominant context of the First Amendment and of Fox's Libel Act, and that it enjoyed greater historical support."

Présentation de l'éditeur : "In the interwar years, international lawyer James Brown Scott wrote a series of works on the history of his discipline. He made the case that the foundation of modern international law rested not, as most assumed, with the seventeenth-century Dutch thinker Hugo Grotius, but with sixteenth-century Spanish theologian Francisco de Vitoria. Far from being an antiquarian assertion, the Spanish origin narrative placed the inception of international law in the context of the discovery of America, rather than in the European wars of religion. The recognition of equal rights to the American natives by Vitoria was the pedigree on which Scott built a progressive international law, responsive to the rise of the United States as the leading global power and developments in international organization such as the creation of the League of Nations. This book describes the Spanish origin project in context, relying on Scott's biography, changes in the self-understanding of the international legal profession, as well as on larger social and political trends in US and global history. Keeping in mind Vitoria's persisting role as a key figure in the canon of international legal history, the book sheds light on the contingency of shared assumptions about the discipline and their unspoken implications. The legacy of the international law Scott developed for the American century is still with the profession today, in the shape of the normalization and de-politicization of rights language and of key concepts like equality and rule of law."

The first comprehensive reference in the field of comparative constitutional law, providing a road map to the current state of research for all those working in the discipline
Presents a global, comparative perspective on the central concepts, institutions, and processes of constitutional law, invaluable for students and academics of constitutional law in any country
Analyses the comparative jurisprudence on constitutional rights, offering a valuable inroad into understanding comparative human rights law
Features contributions from leading political scientists, legal scholars, and judges to present a rounded perspective on the discipline and emerging trends

The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court.
The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory.
Providing the first single-volume, comprehensive reference resource, the Oxford Handbook of Comparative Constitutional Law will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

(Présentation de l'éditeur)

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Part I: History, Methodology, and Typology
1: Comparative Constitutional Law: A Contested Domain
a: Armin von Bogdandy: Comparative Constitutional Law: A Continental Perspective
b: Michel Rosenfeld: Comparative Constitutional Analysis in United States Adjudication and Scholarship
2: Vicki Jackson: Comparative Constitutional Law: Methodologies
3: Peer Zumbansen: Carving out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism
4: Dieter Grimm: Types of Constitutions
5: Li-ann Thio: Constitutionalism in Illiberal Polities
6: Arun Thiruvengadam and Gedion Hessebon: Constitutionalism and Impoverishment: A Complex Dynamic
7: Stephen Gardbaum: The Place of Constitutional Law in the Legal System
Part II: Ideas
8: Stephen Holmes: Constitutions and Constitutionalism
9: Mark Tushnet: Constitution
10: Martin Krygier: Rule of Law
11: Günter Frankenberg: Democracy
12: Olivier Beaud: Conceptions of the State
13: Robert Alexy: Rights and Liberties as Concepts
14: Frank Michelman: Constitutions and the Public Private Divide
15: Janos Kis: State Neutrality
16: Roberto Gargarella: The Constitution and Justice
17: Michel Troper: Sovereignty
18: Matthias Mahlmann: Carving out the Essence of Humanity: Human Dignity and Autonomy in Modern Constitutional Orders
19: Catharine Mackinnon: Gender and the Constitution
Part III: Process
20: Claude Klein and András Sajó: Constitution-Making as a Process
21: David Dyzenhaus: States of Emergency
22: Yasuo Hasebe: War Powers
23: Susanna Mancini: Secession and Self-Determination
24: Laurence Morel: Referendum
25: Richard Pildes: Elections
Part IV: Architecture
26: Jenny Martinez: Horizontal Structuring
27: Daniel Halberstam: Federalism: Theory, Policy, Law
28: Sergio Bartole: Internal Ordering in the Unitary State
29: Héctor Fix-Fierro and Pedro Salazar-Ugarte: Presidentialism
30: Anthony W. Bradley and Cesare Pinelli: Parliamentarism
31: Susan Rose-Ackerman: The Regulatory State
Part V: Meanings/Textures
32: Jeffrey Goldsworthy: Constitutional Interpretation
33: Bernhard Schlink: Proportionality (1)
34: Aharon Barak: Proportionality (2)
35: Michel Rosenfeld: Constitutional Identity
36: Gary Jeffrey Jacobsohn: Constitutional Values and Principles
Part VI: Institutions
37: Juliane Kokott and Martin Kaspar: Ensuring Constitutional Efficacy
38: Alec Stone Sweet: Constitutional Courts
39: Roderick A MacDonald and Hoi Kong: Judicial Independence as a Constitutional Virtue
40: Daniel Smilov: The Judiciary: The Least Dangerous Branch?
41: Cindy Skach: Political Parties and the Constitution
Part VII: Rights
42: Eric Barendt: Freedom of Expression
43: András Sajó and Renáta Uitz: Freedom of Religion
44: Richard Vogler: Due Process
45: Ulrich Preuss: Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association),
46: Manuel Jose Cepeda Espinosa: Privacy
47: Susanne Baer: Equality
48: Ayelet Shachar: Citizenship
49: Dennis Davis: Socio-Economic Rights
50: K D Ewing: Economic Rights
Part VIII: Overlapping Rights
51: Reva Siegel: (The Rights to the Freedoms of Petition, Assembly, and Association),
52: Kenji Yoshino and Michael Kavey: Immodest Claims and Modest Contributions: Sexual Orientation in Comparative Constitutional Law
53: Sujit Choudhry: Group Rights in Comparative Constitutional Law: Culture, Economics, or Political Power?
54: Daniel Sabbagh: Affirmative Action
55: Judit Sándor: Bioethics and Basic Rights: Persons, Humans and Boundaries of Life
Part IX: Trends
56: Wen-Chen Chang and Jiunn-Rong Yeh: Internationalization of Constitutional Law
57: Neil Walker: The EU's Unresolved Constitution
58: Erika de Wet: The Constitutionalization of Public International Law
59: Dean Spielmann: Jurisprudence and the Constitutional Systems of Europe
60: Jan-Werner Müller: Militant Democracy
61: Juan Mendez: Constitutionalism and Transitional Justice
62: Chibli Mallat: Islam and the Constitutional Order
63: Vlad Perju: Constitutional Transplants, Borrowing, and Migrations
64: Gabor Halmai: The Use of Foreign Law in Constitutional Interpretation