Constitutionalism and the role of parliaments edited by Katja S. Ziegler, Denis Baranger and Anthony W. Bradley.

Format:

Book

Contributor:

Ziegler, Katja S., editor.

Baranger, Denis, editor.

Bradley, A. W. (Anthony Wilfred), editor.

University of Oxford. Institute of European and Comparative Law.

Series:

Studies of the Oxford Institute of European and Comparative Law ; v. 3.

Studies of the Oxford Institute of European and Comparative Law v. 3

Language:

English

Subjects (All):

Legislative bodies--European Union countries.

Legislative bodies.

Legislative power--European Union countries.

Legislative power.

Separation of powers--European Union countries.

Separation of powers.

Physical Description:

1 online resource (290 p.)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2007.

Language Note:

English

Summary:

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

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

Notes:

Description based upon print version of record.

Includes bibliographical references and index

ISBN:

9786611165635

9781472560094

1472560094

9781281165633

1281165638

9781847313638

1847313639

OCLC:

476125305