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Constitutionalism and the Role of Parliaments : Studies of the Oxford Institute of European and Comparative Law - BLOOMSBURY ACADEMIC

Constitutionalism and the Role of Parliaments

Studies of the Oxford Institute of European and Comparative Law

Hardcover

Published: 7th June 2007
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Modern constitutionalism has put a lot of hopes in parliaments but there is some consensus that these hopes have not been entirely fulfilled. At the same time, the role of parliaments in contemporary democracies continues to evolve as parliaments are faced with new challenges. How should they react to the new forms of executive and administrative action? Should they play a role in upholding judicial independence, although the latter is frequently seen as independence from parliament as well as the executive? How should they contribute to the protection of fundamental rights? The book aims at providing some answers to these questions by first setting the historic scene, giving a comparative overview of the modern history of a selection of major European deliberative institutions (UK, France, Germany and the European Parliament). The book then looks at themes around the doctrine of separation of powers, especially aspects of the relationship between parliament and the executive power and parliaments' role and attitude regarding the judiciary with a special focus on the independence of the judiciary in a comparative perspective.

Anyone interested in constitutionalism and related matters will find the volume quite absorbing. The Commonwealth Lawyer Vol 16, No 3, December 2007 Both the book's comparative ambition and its substantive focus on the constitutional role of parliaments make it distinctive and are to be welcomed...Comparative constitutional scholarship is in vogue and, in offering a comparative analysis of the roles of parliaments, this book offers a valuable corrective to any tendency in comparative constitutional studies to focusing only on the case law of supreme and constitutional courts. Adam Tomkins Public Law 2008

Constitutionalism and the role of parliamentsp. 1
Parliamentary law and parliamentary government in Britain : some historical remarksp. 15
The formation of parliamentary law in Francep. 47
Parliamentary law : the German experiencep. 55
The law and custom of a new parliament : the European parliamentp. 79
Cabinet as the leading part of parliament : the Westminster model in Europep. 97
Parliaments and the executive : old control rights and new control contexts in Germanyp. 127
Executive powers in foreign policy : the decision to dispatch the militaryp. 141
Separation of powers, public law theory and comparative analysisp. 167
Judicial independence and parliamentsp. 191
Why should judges be independent? : reflections on Coke, Montesquieu and the French tradition of judicial dependencep. 199
Independence of the judiciary in Germanyp. 225
Making parliamentary rights effective : the role of constitutional courts in Germanyp. 239
The parliamentary protection of human rightsp. 253
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841136431
ISBN-10: 1841136433
Series: Studies of the Oxford Institute of European and Comparative Law
Audience: Tertiary; University or College
Format: Hardcover
Language: English
Number Of Pages: 284
Published: 7th June 2007
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 22.86 x 15.88  x 1.91
Weight (kg): 0.59
Edition Number: 1