The Crown and Constitutional Reform

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Release : 2020-09-10
Genre : Education
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Book Rating : 189/5 ( reviews)

The Crown and Constitutional Reform - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Crown and Constitutional Reform write by Cris Shore. This book was released on 2020-09-10. The Crown and Constitutional Reform available in PDF, EPUB and Kindle. The Crown and Constitutional Reform is an innovative, interdisciplinary exchange between experts in law, anthropology and politics about the Crown, constitutional monarchy and the potential for constitutional reform in Commonwealth common law countries. The constitutional foundation of many Commonwealth countries is the Crown, an icon of ultimate authority, at once familiar yet curiously enigmatic. Is it a conceptual placeholder for the state, a symbol of sovereignty or does its ambiguity make it a shapeshifter, a legal fiction that can be deployed as an expedient mask for executive power and convenient instrument for undermining democratic accountability? This volume offers a novel, interdisciplinary exchange: the contributors analyse how the Crown operates in the United Kingdom and the postcolonial settler societies of Canada, Australia, and New Zealand. In doing so, they examine fundamental theoretical questions about statehood, sovereignty, constitutionalism and postcolonial reconciliation. As Queen Elizabeth II’s long reign approaches its end, questions about the Crown’s future, its changing forms and meanings, the continuing value of constitutional monarchy and its potential for reform, gain fresh urgency. The chapters in this book were originally published in a special issue of The Round Table: The Commonwealth Journal of International Affairs.

Caribbean Constitutional Reform

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Author :
Release : 2002
Genre : Law
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Book Rating : 286/5 ( reviews)

Caribbean Constitutional Reform - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Caribbean Constitutional Reform write by Simeon C. R. McIntosh. This book was released on 2002. Caribbean Constitutional Reform available in PDF, EPUB and Kindle. "This is the first book to be written on Caribbean constitutional theory. In the continuing discourse and emergent project of constitutional reform in the Commonwealth Caribbean, it examines the origins of the Independence Constitutions across the Commonwealth Caribbean and traces the region's constitutional development from the time of the emancipation of slavery through to independence. At its core is the premise that constitutional reform must necessarily result in a redefining of West Indian political identity. The theme throughout the book is the fact that the written constitutions of the Caribbean all have their origin in the British Parliament and the unwritten English constitution that has evolved over centuries. The existing constitutions were all the result of the collaborative efforts of the region's political elite and British officials, with no participation from the West Indian people. The Crown is still claimed and the Judicial Committee of the Privy Council remains the final appellate court. In the result, political independence has simply meant that the countries of the Commonwealth Caribbean are independent subjects of the Crown rather than colonial subjects. The book begins with the process of 'lawful devolution of sovereignty' and the origins of the sovereign states of the Commonwealth Caribbean and proceeds to address the theoretical issues of founding and amendability as well as such pressing issues about the relationship between a prime minister and a head of state in a parliamentary republic and electoral reform. An entire chapter is devoted to the Bill of Rights and addresses the fundamental rights and freedoms preserved in Caribbean Bills of Rights as well as the controversial and paradoxical Savings Clauses, which in and of themselves might justify the rewriting of the fundamental rights provisions of Commonwealth Caribbean Constitutions. Caribbean Constitutional Reform offers a philosophical justification for the establishment of a Caribbean Supreme Court based on the idea of sovereignty and the right of a people to define themselves. This work makes the first definitive step to addressing these critical issues in Caribbean constitutional theory and sets the stage for a 'new constitutional discourse' shaped by a Caribbean court of final appeal. "

The Shapeshifting Crown

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Release : 2019-01-24
Genre : History
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Book Rating : 466/5 ( reviews)

The Shapeshifting Crown - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Shapeshifting Crown write by Cris Shore. This book was released on 2019-01-24. The Shapeshifting Crown available in PDF, EPUB and Kindle. The Crown is the bedrock of Westminster-style democracies, yet its meanings, powers and effects are opaque and little understood.

Constitutional Reform

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Release : 1998
Genre : Law
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Book Rating : 233/5 ( reviews)

Constitutional Reform - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Reform write by Rodney Brazier. This book was released on 1998. Constitutional Reform available in PDF, EPUB and Kindle. The second edition of Constitutional Reform examines central government, Parliament, and the judiciary in Britain and proposes an agenda for reform. The stress remains on suggestions which might stand a fair chance of being implemented. Topics covered include the limitations on the scope forconstitutional reform; new methodology for constitutional change; parliamentary democracy and voting reform; the second chamber; the reduction of ministerial power; the transfer of certain royal powers to Parliament; and the reform of the judiciary.Also including a new chapter on the Labour Government's plans for the British constitution, this book provides the reader with comprehensive coverage of constitutional change in Britain at the new millennium.

Towards Juristocracy

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Release : 2009-06-30
Genre : Law
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Book Rating : 677/5 ( reviews)

Towards Juristocracy - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Towards Juristocracy write by Ran Hirschl. This book was released on 2009-06-30. Towards Juristocracy available in PDF, EPUB and Kindle. In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.