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Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment
Over the past two decades, liberal constitutionalism has been in decline. Yet some courts - including the U.S. Supreme Court, the Supreme Court of India, and the Hong Kong Court of Final Appeal - have continued to progressively realize the rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons. How can the seeming paradox of LGBTQ+ rights advancement amid liberal constitutional regression be understood? And what, in turn, does that tell us about the state of liberal constitutionalism and rights adjudication? Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment addresses these questions by exploring rights adjudication within the broader context of declining liberal ...
Law, Politics, and Responding to Injustice
This book examines the issue of injustice, and our responses to it, in a range of contemporary contexts. In her ground-breaking book The Faces of Injustice (1990), Judith Shklar draws attention to our tendency to view injustice as an abnormality. Of course it is not: injustice is ubiquitous. But how should we respond to it? The book brings together leading legal and political theorists to explore the nature of injustice, its relationship to law, and responses to it, in a variety of contexts. Their chapters cover issues such as protest, resistance, violence, the moral obligation to obey the law, civil disobedience, democratic reform, and transitional justice. They all, though, share a concern to examine such issues through a Shklar-inspired focus on injustice. This book will appeal to academics and advanced students in law, politics, and philosophy.
Towering Judges
This first-of-its-kind volume surveys twenty constitutional judges who 'towered' over their peers, exploring their complexities and flaws.
Fifty Years of Bangladesh Parliament
This book critically examines the constitutional position and contribution of the Bangladesh Parliament during the fifty years of its existence. Examining the institution through a “Westminster” lens, the book unearths how and why it behaves in an (un)Westminster, rather say the "Eastminster”, way. This book is the first of its kind attempting a separation of powers and checks and balances inspired analysis of the Parliament vis-à-vis Bangladesh's government, judiciary, and the people. It explains how its internal democracy deficit arising from the country's undemocratic political partises deny the Bangladesh Parliament, its rightful place within the country's constitutional design.
Routledge Handbook of Comparative Constitutional Change
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and dem...
Judging
What do judges actually do? What is the everyday reality of judging in civil matters? What falls under the rubric of judging? Written by a legal academic and former judge, this book offers a cogent and accessible account of what it means to be a judge in senior courts and those dealing with smaller claims. Drawing on judicial experiences and the social sciences, Judging is split into two parts. Part I examines the three fundamental values of judging - independence, impartiality, and integrity - and draws out the implications of these for everyday judging. It covers judicial guidance and codes of practice, structural protections for judges, and the behavioural rules for judges both in and away from court. Part II of the book turns to the legal and policy framework for judging, judgecraft, and judicial decision-making. This includes judicial appointments, work conditions, fact finding, litigants in person, ex tempore decisions, and the influences on decisions. Comprehensive and unique, the book demonstrates that the complex work of a judge extends beyond decision-making to matters such as managing cases, other judges, and judicial systems.
Routledge Handbook of Constitutional Law in Greater China
The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts: Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws Part II: Structure. This part discusses the rel...
Comparative Constitutional Law and Politics
Comparative Constitutional Law and Politics: Analysis, Cases, & Materials is the first interdisciplinary casebook for the field, offering students an innovative and truly global approach to comparative constitutional law. It integrates state-of-the-art literature and caselaw from constitutional law with insights from social science. Each chapter is organized around a key concept, beginning with a bird's-eye view of the topic which introduces the current state of scholarly and legislative debates and encourages thoughtful engagement.
