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Constitutionalism and the Role of Parliaments

Editor(s): Katja S Ziegler, Denis Baranger, Anthony W Bradley
Media of Constitutionalism and the Role of Parliaments
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Published: 07-06-2007
Format: Hardback
Edition: 1st
Extent: 284
ISBN: 9781841136431
Imprint: Hart Publishing
Series: Studies of the Oxford Institute of European and Comparative Law
Dimensions: 234 x 156 mm
RRP: £70.00
Online price : £63.00
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Loren Epson

About Constitutionalism and the Role of Parliaments

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.

Table Of 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


“Anyone interested in constitutionalism and related matters will find the volume quite absorbing.” –  The Commonwealth Lawyer, Vol 16, No 3

“Both the book's comparative ambition and its substantive focus on the constitutional role of parliaments make it distinctive and are to be welcomed...Comparative constitutional scholarship is in vogue and, in offering a comparative analysis of the roles of parliaments, this book offers a valuable corrective to any tendency in comparative constitutional studies to focusing only on the case law of supreme and constitutional courts.” –  Adam Tomkins, Public Law

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