Adjudicating Revolution

Adjudicating Revolution
Author: Richard S. Kay
Publisher: Edward Elgar Publishing
Total Pages: 240
Release: 2022-05-28
Genre:
ISBN: 9781788971324

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Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a 'lawful' or an 'unlawful' revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments. Adjudicating Revolution includes, first, cases in which courts decide to recognize the actions of a de facto regime under a doctrine of necessity, with the objective of maintaining public order. Second, cases where courts directly confront the question of whether a revolution has resulted in the creation of a genuinely new constitutional order. Finally, cases in which courts are asked by state officials to recognize, in advance, the validity of otherwise revolutionary changes (i.e. the irregular creation of a new constitution) proposed by state officials. The book examines, from a theoretical and comparative perspective, judgments from North and Latin America, Europe, Asia, and Africa. Placing the cases in their historical and political context, the authors provide an understanding of key moments in the constitutional history of the relevant jurisdictions. The resulting analysis will be of interest to academics and graduate students of comparative constitutional law and constitutional theory, political science, and related disciplines.

Adjudicating Revolution

Adjudicating Revolution
Author: Kay, Richard S.
Publisher: Edward Elgar Publishing
Total Pages: 256
Release: 2022-06-14
Genre: Law
ISBN: 1788971337

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Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a ‘lawful’ or an ‘unlawful’ revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments.

Constitutional Revolution

Constitutional Revolution
Author: Gary Jeffrey Jacobsohn
Publisher: Yale University Press
Total Pages: 382
Release: 2020-05-01
Genre: Political Science
ISBN: 0300252889

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Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a “constitutional moment” may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The “moment” may have been under way for decades—or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.

Constitutional Revolutions

Constitutional Revolutions
Author: Robert Justin Lipkin
Publisher: Duke University Press
Total Pages: 384
Release: 2000-05-17
Genre: Law
ISBN: 082238051X

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In Constitutional Revolutions Robert Justin Lipkin radically rethinks modern constitutional jurisprudence, challenging the traditional view of constitutional change as solely an extension or transformation of prior law. He instead argues for the idea of “constitutional revolutions”—landmark decisions that are revolutionary because they are not generated from legal precedent and because they occur when the Constitution fails to provide effective procedures for accommodating a needed change. According to Lipkin, U.S. constitutional law is driven by these revolutionary judgments that translate political and cultural attitudes into formal judicial decisions. Drawing on ethical theory, philosophy of science, and constitutional theory, Lipkin provides a progressive, postmodern, and pragmatic theory of constitutional law that justifies the critical role played by the judiciary in American democracy. Judicial review, he claims, operates as a mechanism to allow “second thought,” or principled reflection, on the values of the wider culture. Without this revolutionary function, American democracy would be left without an effective institutional means to formulate the community’s considered judgments about good government and individual rights. Although judicial review is not the only forum for protecting this dimension of constitutional democracy, Lipkin maintains that we would be wise not to abandon judicial review unless a viable alternative emerges. Judges, lawyers, law professors, and constitutional scholars will find this book a valuable resource.

The Power of Legality

The Power of Legality
Author: Nikolas M. Rajkovic
Publisher: Cambridge University Press
Total Pages: 407
Release: 2016-07-28
Genre: Law
ISBN: 1316684121

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From an airstrip in Saudi Arabia, the CIA launches drones to 'legally' kill Al-Qaida leaders in Yemen. On the North Pole, Russia plants a flag on the seabed to extend legal claim over resources. In Brussels, the European Commission unveils its Emissions Trading System, extending environmental jurisdiction globally over foreign airlines. And at Frankfurt Airport, a father returning from holiday is detained because his name appears on a security list. Today, legality commands substantial currency in world affairs, yet growing reference to international legality has not marked the end of strategic struggles in global affairs. Rather, it has shifted the field and manner of play for a plurality of actors who now use, influence and contest the way that law's rule is applied to address global problems. Drawing on a range of case studies, this volume explores the various meanings and implications of legality across scholarly, institutional and policy settings.

Adjudicating Family Law in Muslim Courts

Adjudicating Family Law in Muslim Courts
Author: Elisa Giunchi
Publisher: Routledge
Total Pages: 188
Release: 2013-12-04
Genre: Social Science
ISBN: 1317964888

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While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries – Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.

Criminal Procedure and the Constitution

Criminal Procedure and the Constitution
Author: Jerold H. Israel
Publisher: West Academic Publishing
Total Pages: 996
Release: 2006
Genre: Law
ISBN: 9780314168535

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This coursebook is the work of nationally renowned experts on the subject of constitutional-criminal procedure. It is ideally suited for a survey course designed to explore and critically examine how the U.S. Supreme Court has dealt with a wide range of highly controversial issues that arise at various stages of the criminal process. Considerable pains have been taken to set forth the views of all members of the Court in such landmark cases as Batson, Leon, Mapp, and Miranda and such important recent cases as Apprendi v. New Jersey and Dickerson v. United States.

The Family on Trial in Revolutionary France

The Family on Trial in Revolutionary France
Author: Suzanne Desan
Publisher: Univ of California Press
Total Pages: 475
Release: 2006-06-19
Genre: Family & Relationships
ISBN: 0520248163

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Annotation A sophisticated and groundbreaking book on what women actually did and what actually happened to them during the French Revolution.

Experiments in International Adjudication

Experiments in International Adjudication
Author: Ignacio de la Rasilla
Publisher: Cambridge University Press
Total Pages: 341
Release: 2019-03-28
Genre: Law
ISBN: 1108474942

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Examines many seminal experiments in international adjudication and the origins of several major existing international courts.