Kategoria BISAC: Law >> Government - General

To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts-tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging.

Each chapter uncovers the...

This volume provides a holistic presentation of the reality of constitutional change in 18 countries (the 15 old EU member states, Canada, Switzerland and the USA). The essays offer analysis on formal and informal constitutional amendment bringing forth the overall picture of the parallel paths constitutional change follows, in correlation to what the constitution means and how constitutional law works. To capture the patterns of constitutional change, multi-faceted parameters are explored such as the interrelations between form of government, party system, and constitutional amendment;...

This new edition of a foundational text of Welsh legal history traces the various strands of law in Wales from its beginnings to the present day, identifying and assessing the importance of the native Welsh, Roman, and English influences to Wales's legal social identity. Wales has been served by a variety of legal systems and laws over the last two millennia. These include the civil law of Rome, which was to be the basis of the laws of much of modern Europe, and the English common law, which was to govern much of the English-speaking world. Thomas Glyn Watkin shows how the Welsh have...

Legal governance of disaster brings both care and punishment to the upending of daily life of place-based disasters. National states use disasters to reorganize how they govern. This collection considers how law is implicated in disaster. The late modern expectation that states are to care for their population makes it particularly important to point out the limits to care-limits that appear less in the grand rhetoric than in the government reports, case-level decisionmaking, administrative rules, and criminalization that make up governing. These insightful essays feature leading scholars...

Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.

This updated and revised second edition includes a number of new contributions on the political...