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Vol 25 No 2 Feb/March 2020

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Constitutionalism and the Role of Parliaments

Edited by: Katja S. Ziegler, Denis Baranger, Anthony W. Bradley

ISBN13: 9781841136431
Published: June 2007
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



Despatched in 7 to 9 days.

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.

Subjects:
Constitutional and Administrative Law, EU Law
Contents:
Part One National Traditions of Parliamentary Law: Towards a European Model?
1. Constitutionalism and the Role of Parliaments
AW Bradley, Katja S Ziegler and Denis Baranger
2. Parliamentary Law and Parliamentary Government in Britain: Some Historical Remarks
Denis Baranger
3. The Formation of Parliamentary Law in France
Pierre Avril
4. Parliamentary Law: The German Experience
Fabian Wittreck
5. The Law and Custom of a New Parliament: The European Parliament
Sionaidh Douglas-Scott
Part Two Parliaments and the Executive
6. Cabinet as the Leading Part of Parliament: The Westminster Model in Europe
Armel Le Divellec
7. Parliaments and the Executive: Old Control Rights and New Control Contexts in Germany
Christoph Gusy
8. Executive Powers in Foreign Policy: The Decision to Dispatch the Military
Katja S Ziegler
9. Separation of Powers, Public Law Theory and Comparative Analysis
Nicholas Bamforth
Part Three Parliaments, the Courts and Human Rights
10. Judicial Independence and Parliaments
The Rt Hon Lady Justice Arden DBE
11. Why Should Judges Be Independent?
Luc Heuschling
12. Independence of the Judiciary in Germany
Gernot Sydow
13. Making Parliamentary Rights Effective: The Role of Constitutional Courts in Germany
Pascale Cancik
14. The Parliamentary Protection of Human Rights
Keith Ewing

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