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The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy. This book is the first to provide systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts. This volume makes a significant contribution to the systematic and comparative study of constitutional courts, constitutional adjudication and constitutional developments in East and Southeast Asia and beyond.
Constitutional courts --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort
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Constitutional courts. --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort
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Constitutional courts. --- Tribunales constitucionales. --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort
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This compilation of twenty essays gathers some of the most prominent authors in constitutionalism and legal theory to critically examine classical debates, such as the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, and the theory of transitional justice.
Constitutional law --- Constitutional courts --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort
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Constitutional courts. --- Constitutional courts --- Decision making. --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort
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Constitutional courts --- -342.4 <44> --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- France. Conseil constitutionnel --- 342.4 <44> --- France.
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Appellate procedure --- Courts of last resort --- Courts, Supreme --- Last resort, Courts of --- Supreme courts --- Courts --- Appellate courts --- Constitutional courts --- Appellate procedure - Netherlands. --- Courts of last resort - Netherlands.
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The House of Lords has served as the highest court in the UK for over 130 years. In 2009 a new UK Supreme Court will take over its judicial functions, closing the doors on one of the most influential legal institutions in the world, and a major chapter in the history of the UK legal system.This volume gathers over 40 leading scholars and practitioners from the UK and beyond to provide a comprehensive history of the House of Lords as a judicial institution, charting its role, working practices, reputation and impact on the law and UK legal system. The book examines the origins of the House's ju
Courts of last resort --- History. --- Great Britain. --- Courts, Supreme --- Last resort, Courts of --- Supreme courts --- Appellate procedure --- Courts --- Appellate courts --- Constitutional courts --- England and Wales.
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Until recently, American legal historiography focused almost solely on national government. Although much of Kansas law reflects U.S. law, the state court's arbitrary powers over labor-management conflicts, yellow dog contracts, civil rights, gender issues, and domestic relations set precedents that reverberated around the country. Sunflower Justice is a pioneering work that presents the history of a state through the use of its supreme court decisions as evidence. R. Alton Lee traces Kansas's legal history through 150 years of records, shedding light on the state'
Courts of last resort --- Courts, Supreme --- Last resort, Courts of --- Supreme courts --- Appellate procedure --- Courts --- Appellate courts --- Constitutional courts --- History. --- Kansas.
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This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress government and other political actors has underpinned the Court's landmark cases, which are often applauded too narrowly as merely judicial achievements. Standard accounts see the Court as overseer of a negotiated constitutional compromise and as the looked-to guardian of that constitution against the rising threat of the ANC. However, in reality South African successes have been built on broader and more admirable constitutional politics to a degree no previous account has described or acknowledged. The Court has responded to this context with a substantially consistent but widely misunderstood pattern of deference and intervention. Although a work in progress, this institutional self-understanding represents a powerful effort by an emerging court, as one constitutionally serious actor among others, to build a constitution.
Constitutional courts --- Constitutional law --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- South Africa. --- Constitutional Court of South Africa
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