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Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 405 pages
File Size : 47,43 MB
Release : 2022-12
Category : Law
ISBN : 1009286048
Filling a gap in the fields of comparative law, religious studies, and political science, this is the first comprehensive account of Buddhism's complex entanglement with constitutional law, written by experts from across Asia and beyond.
Author : Tom Ginsburg
Publisher :
Page : 0 pages
File Size : 25,40 MB
Release : 2022-12
Category :
ISBN : 9781009286053
Author : Benjamin Schonthal
Publisher : Cambridge University Press
Page : 319 pages
File Size : 12,16 MB
Release : 2016-11-17
Category : Law
ISBN : 1316824675
It is widely assumed that a well-designed and well-implemented constitution can help ensure religious harmony in modern states. Yet how correct is this assumption? Drawing on groundbreaking research from Sri Lanka, this book argues persuasively for another possibility: when it comes to religion, relying on constitutional law may not be helpful, but harmful; constitutional practice may give way to pyrrhic constitutionalism. Written in a lucid and direct style, and aimed at both specialists and non-specialists, Buddhism, Politics and the Limits of Law explains why constitutional law has deepened, rather than diminished, conflicts over religion in Sri Lanka. Examining the roles of Buddhist monks, civil society groups, political coalitions and more, the book provides the first extended study of the legal regulation of religion in Sri Lanka as well as the first book-length analysis of the intersections of Buddhism and contemporary constitutional law.
Author : Rosalind Dixon
Publisher : Edward Elgar Publishing
Page : 365 pages
File Size : 30,5 MB
Release : 2014-02-28
Category : Law
ISBN : 1781002703
Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i
Author : Michel Rosenfeld
Publisher : OUP Oxford
Page : 1416 pages
File Size : 31,38 MB
Release : 2012-05-17
Category : Law
ISBN : 0191640166
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
Author : Rebecca Redwood French
Publisher : Cambridge University Press
Page : 409 pages
File Size : 40,71 MB
Release : 2014-07-28
Category : Law
ISBN : 0521515793
This volume challenges the concept of Buddhism as an apolitical religion without implications for law.
Author : Tom Ginsburg
Publisher : Edward Elgar Publishing
Page : 681 pages
File Size : 48,36 MB
Release : 2011-01-01
Category : Law
ISBN : 0857931210
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author : Dian A. H. Shah
Publisher : Cambridge University Press
Page : 307 pages
File Size : 37,96 MB
Release : 2017-10-26
Category : History
ISBN : 1107183340
Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.
Author : Shaytin S. C. Wong (Dr.)
Publisher :
Page : pages
File Size : 26,12 MB
Release : 1927
Category :
ISBN :
Author : Roshan de Silva Wijeyeratne
Publisher : Routledge
Page : 281 pages
File Size : 50,99 MB
Release : 2013-08-15
Category : Political Science
ISBN : 1135038341
Nation, Constitutionalism and Buddhism in Sri Lanka offers a new perspective on contemporary debates about Sinhalese Buddhist nationalism in Sri Lanka. In this book de Silva Wijeyeratne argues forcefully that ‘Sinhalese Buddhism’ in the period prior to its engagement with the British colonial State signified a relatively unbounded (although at times boundary forming) set of practices that facilitated both the inclusion and exclusion of non-‘Buddhist’ concepts and people within a particular cosmological frame. Juxtaposing the premodern against the backdrop of colonial modernity, de Silva Wijeyeratne tells us that in contrast modern 'Sinhalese Buddhism/nationalism' is a much more reified and bounded concept, one imagined through a 19th century epistemology whose purpose was not so much inclusion, but a much more radical exclusion of non-‘Buddhist’ ideas and people. In this insightful analysis modern Sinhalese Buddhist nationalism, then, emerges through the conjunction of discourse, power and knowledge at a distinct moment in the trajectory of the colonial State. An intrinsic feature of this modernist moment is that premodern categories (such as the cosmic order) were subject to a bureaucratic re-valuation that generated profound consequences for State-society relations and the wider constitutional/legal imaginary. This book goes onto explore how key constitutional and nation-building moments were framed within the cultural milieu of modern Sinhalese Buddhist nationalism – a nationalism that reveals the power of a re-valued Buddhist cosmic order to still inform the present. Given the intensification of the Sinhalese Buddhist nationalist project following the defeat of the Tamil Tigers in 2009, this book is of interest to scholars of nationalism, South Asian studies, the anthropology of ritual, and comparative legal history.