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How Constitutions Change Professor Dawn Oliver

How Constitutions Change By Professor Dawn Oliver

How Constitutions Change by Professor Dawn Oliver


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Summary

This set of essays explores how constitutions of a number of countries and the 'constitution' of the EU change and are changed. A broad variety of EU and non EU countries are included, and the editors conclude with a detailed comparative analysis.

How Constitutions Change Summary

How Constitutions Change: A Comparative Study by Professor Dawn Oliver

This set of essays explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. For a range of reasons, including internal and external pressures, the constitutional arrangements in many countries are changing. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind, or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (eg agencification) affect or articulate or alter the operation of the constitution of the country, without the need to resort to formal change. The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.

How Constitutions Change Reviews

The volume undoubtedly assembles a considerable amount of useful and interesting material relating to the individual countries studied. In this way, it provides a valuable compendium, making information on a number of less known constitutional systems available in English. ...comparative public lawyers will no doubt value the information on how constitutions change in the various legal systems assembled and represented in the volume. -- Michal Bobek * Cambridge Law Journal 71(3) *
Due to the broad approach adopted in this book, a lively picture is drawn of the different constitutional cultures including historic, political, legal or social aspects. How Constitutions Change contains many exciting and surprising details about constitutions all over the world...as the editors suggest, this book has to be seen as first approach to a theory of constitutional change. In this regard, the study offers viable opportunity to get familiar with the many aspects of this topic. -- Sebastian Schmid * International Journal of Constitutonal Law Volume 6, No. 2 *
This collection of essays [on How Constitutions Change] provides authoritative academic commentary and reflections on the evolution of contemporary democratic principles. The collection is rich in insights which should encourage researchers to pursue comparative research, and suggests a uniquely effective approach to the task. -- Pier Luigi Petrillo * Percorsi Costituzionali *
The Authors note that a constitution totally unsuited for change sooner or later is doomed to become an instrument incapable of serving its purpose, bound therefore to be superseded. In the end, they believe that constitutional patriotism is best served by ensuring that a given set of constitutional arrangements can be adapted and incrementally changed rather than making out of it a petrified object of devotion. And I would agree with them. -- Prof. Stefano Ceccanti, Italian MP * www.federalismi.it Issue 24 *

About Professor Dawn Oliver

Dawn Oliver is Emeritus Professor of Constitutional Law at University College London. Carlo Fusaro is Professor of Public Comparative Law at the University of Florence, Italy

Table of Contents

Part I 1. Changing Constitutions Carlo Fusaro and Dawn Oliver Part II 2. Canada Tsvi Kahana 3. The Czech Republic Maxim Tomoszek 4. The European Union Renaud Dehousse 5. Finland Markku Suksi 6. France Sophie Boyron 7. Germany Jens Woelk 8. India Mahendra Pal Singh 9. Israel Suzie Navot 10. Italy Carlo Fusaro 11. New Zealand Paul Rishworth 12. Republic of South Africa Hugh Corder 13. Spain Ascension Elvira 14. Switzerland Giovanni Biaggini 15. The United Kingdom Dawn Oliver 16. The United States of America Stephen M Griffin Part III 17. Changing Constitutions: Comparative Analysis Dawn Oliver and Carlo Fusaro 18. Towards a Theory of Constitutional Change Carlo Fusaro and Dawn Oliver Annex: Jurisdiction-based Chart

Additional information

NLS9781849464987
9781849464987
1849464987
How Constitutions Change: A Comparative Study by Professor Dawn Oliver
New
Paperback
Bloomsbury Publishing PLC
2013-10-03
510
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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