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Praktisch Staatsrecht
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ISBN: 9789001899639 9001899633 Year: 2019 Publisher: Groningen Noordhoff Uitgevers

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Western Constitutionalism
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ISBN: 9783319993386 Year: 2019 Publisher: Cham Springer International Publishing :Imprint: Springer

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Western Constitutionalism : History, Institutions, Comparative Law
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ISBN: 9783319993386 Year: 2019 Publisher: Cham Springer International Publishing

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This innovative textbook provides an introduction into comparative constitutional law to undergraduate and graduate students. Combining a clear and practical explanation of the topics with scientific knowledge, the textbook analyzes the origins and the development of constitutional law in the Western world, as well as the structure and transformations of constitutional law, up to the present day. It also examines the theoretical roots and the historical premises of constitutionalism, and explores the foundation of constitutional law in Western countries since the Age of Revolutions and the 19th Century, underlining the different constitutional traditions. Furthermore, the textbook describes the transformations of constitutional law brought about by the transition toward pluralistic societies, and analyzes the political and legal features of constitutional democracies, taking into consideration the lessons learned in several constitutional environments in contemporary states. It also discusses the global expansion of the pattern of Western constitutionalism and the contemporary challenges in the age of globalization, focusing on the development of a European constitutional space.


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The Free Exercise of Religion in America
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ISBN: 9783030060527 Year: 2019 Publisher: Cham Springer International Publishing :Imprint: Palgrave Macmillan

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Critique of Hong Kong Nativism
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ISBN: 9789811333446 Year: 2019 Publisher: Singapore Springer Singapore :Imprint: Springer

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Legal Conventionalism
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ISBN: 9783030035716 Year: 2019 Publisher: Cham Springer International Publishing :Imprint: Springer

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The Free Exercise of Religion in America : Its Original Constitutional Meaning
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ISBN: 9783030060527 Year: 2019 Publisher: Cham Springer International Publishing :Imprint: Palgrave Macmillan

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This book explains the original meaning of the two religion clauses of the First Amendment: “Congress shall make no law [1] respecting an establishment of religion or [2] prohibiting the free exercise thereof.” As the book shows, both clauses were intended to protect the free exercise of religion or religious freedom. West shows the position taken by early Americans on four issues: (1) the general meaning of the “free exercise of religion,” including whether it is different from the meaning of “no establishment of religion”; (2) whether the free exercise of religion may be intentionally and directly limited, and if so, under what circumstances; (3) whether laws regulating temporal matters that also have a religious sanction violate the free exercise of religion; and (4) whether the free exercise of religion gives persons a right to be exempt from obeying valid civil laws that unintentionally and indirectly make it difficult or impossible to practice their religion in some way. A definitive work on the subject and a major contribution to the field of constitutional law and history, this volume is key to a better understanding of the ongoing constitutional adjudication based on the religion clauses of the First Amendment.


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Critique of Hong Kong Nativism : From a Legal Perspective
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ISBN: 9789811333446 Year: 2019 Publisher: Singapore Springer Singapore, Imprint: Springer

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This book focuses on the separatist trend in Hong Kong, which it approaches by drawing on historical studies, political analysis, social studies and legal analysis. It offers a comprehensive and interdisciplinary guide to the topic, addressing the historical evolution of “Hong Kong Nativism,” the theoretical connotations and fallacies of “Hong Kong Independence,” and the legal measures taken to forestall it. Written by mainland scholars who approach the subject matter from a legal perspective, the book offers revealing insights for all students and researchers who are interested in Hong Kong Basic Law and the current political situation in Hong Kong.


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Legal Conventionalism
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ISBN: 9783030035716 Year: 2019 Publisher: Cham Springer International Publishing

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The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception. Rather, reflection on whether the legal phenomenon is based on a convention and, if so, what kind of convention is involved, has become a recurring issue in contemporary legal theory. In this book, some of the foremost specialists in the field make significant contributions to this debate. In the first part, the concept of convention is analysed. The second part reflects on whether the rule of recognition postulated by Hart can be understood as a convention and discusses its potential and limitations in order to explain the institutional and normative character of law. Lastly, the third part critically examines the relations between conventionalism and legal interpretation. Given the content and quality of the contributions, the book is of interest to those wanting to understand the current state of the art in legal conventionalism as well as those wanting to deepen their knowledge about these questions.


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Myths and Realities of Secessionisms
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ISBN: 9783030116323 Year: 2019 Publisher: Cham Springer International Publishing :Imprint: Palgrave Pivot

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