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Volume Two: Uses of History in Constitutional Adjudication
Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in determining constitutional meaning. The book shows that there is considerable debate around the role of history in constitutional adjudication. Are, for example, historical public debates over the adoption of a constitution relevant to reading its provisions today? If a constitution represents a break from a prior repressive regime, should courts construe the constitution’s provisions in light of that background? Are former constitutions relevant to interpreting a new constitution? Through an assessment of current practices the volume offers some lessons for the future practices of courts as they adjudicate constitutional cases.
Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fernós, Justin Collings, Jean-Christophe Bédard-Rubin, Cem Tecimer, Ángel Aday Jiménez Alemán, Ana Beatriz Robalinho, Keigo Obayashi, Zoltán Szente, Shih-An Wang, and Diego Werneck Arguelhes.
Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fernós, Justin Collings, Jean-Christophe Bédard-Rubin, Cem Tecimer, Ángel Aday Jiménez Alemán, Ana Beatriz Robalinho, Keigo Obayashi, Zoltán Szente, Shih-An Wang, and Diego Werneck Arguelhes.
Volume Two: Uses of History in Constitutional Adjudication
Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in determining constitutional meaning. The book shows that there is considerable debate around the role of history in constitutional adjudication. Are, for example, historical public debates over the adoption of a constitution relevant to reading its provisions today? If a constitution represents a break from a prior repressive regime, should courts construe the constitution’s provisions in light of that background? Are former constitutions relevant to interpreting a new constitution? Through an assessment of current practices the volume offers some lessons for the future practices of courts as they adjudicate constitutional cases.
Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fernós, Justin Collings, Jean-Christophe Bédard-Rubin, Cem Tecimer, Ángel Aday Jiménez Alemán, Ana Beatriz Robalinho, Keigo Obayashi, Zoltán Szente, Shih-An Wang, and Diego Werneck Arguelhes.
Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fernós, Justin Collings, Jean-Christophe Bédard-Rubin, Cem Tecimer, Ángel Aday Jiménez Alemán, Ana Beatriz Robalinho, Keigo Obayashi, Zoltán Szente, Shih-An Wang, and Diego Werneck Arguelhes.
From the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649 to the Bolshevik Revolution of 1917
This book examines the development of Russian law from 1649 (the Council Code of Tsar Aleksei Mikhailovich) up to the Bolshevik Revolution of 1917. Most of what happened during this eventful period found reflection in legislation and was in fact brought about by legislation. This applies to the fundamental reforms of the Russian state by Peter the Great, the abolition of serfdom and the agricultural reforms of the 1860’s, the creation of a modern system of courts during the same period, and the hesitant introduction of a more democratic system of governance through the Constitution of 1906.
The first part of this volume is devoted to a description of the development of Russian legislation during the 1649-1917 period , against the background of political and socio-economic developments; the second part goes into greater detail in a survey of the evolution of public law, criminal law and private law.
The previous period of Russian legal history has been the subject of vol. 66 of Law in Eastern Europe: “A History of Russian Law. From Ancient Times to the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649”, Brill, 2017.
The first part of this volume is devoted to a description of the development of Russian legislation during the 1649-1917 period , against the background of political and socio-economic developments; the second part goes into greater detail in a survey of the evolution of public law, criminal law and private law.
The previous period of Russian legal history has been the subject of vol. 66 of Law in Eastern Europe: “A History of Russian Law. From Ancient Times to the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649”, Brill, 2017.
From the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649 to the Bolshevik Revolution of 1917
This book examines the development of Russian law from 1649 (the Council Code of Tsar Aleksei Mikhailovich) up to the Bolshevik Revolution of 1917. Most of what happened during this eventful period found reflection in legislation and was in fact brought about by legislation. This applies to the fundamental reforms of the Russian state by Peter the Great, the abolition of serfdom and the agricultural reforms of the 1860’s, the creation of a modern system of courts during the same period, and the hesitant introduction of a more democratic system of governance through the Constitution of 1906.
The first part of this volume is devoted to a description of the development of Russian legislation during the 1649-1917 period , against the background of political and socio-economic developments; the second part goes into greater detail in a survey of the evolution of public law, criminal law and private law.
The previous period of Russian legal history has been the subject of vol. 66 of Law in Eastern Europe: “A History of Russian Law. From Ancient Times to the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649”, Brill, 2017.
The first part of this volume is devoted to a description of the development of Russian legislation during the 1649-1917 period , against the background of political and socio-economic developments; the second part goes into greater detail in a survey of the evolution of public law, criminal law and private law.
The previous period of Russian legal history has been the subject of vol. 66 of Law in Eastern Europe: “A History of Russian Law. From Ancient Times to the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649”, Brill, 2017.
Illustrating Byzantine Law through the Sources
This is the first book in English providing a wide range of Byzantine legal sources. In six chapters, this book explains and illustrates Byzantine law through a selection of fundamental Byzantine legal sources, beginning with the sources before the time of Justinian, and extending up to AD 1453.
For all sources English translations are provided next to the original Greek (and Latin) text. In some cases, tables or other features are included that help further elucidate the source and illustrate its nature. The volume offers a clear yet detailed primer to Byzantine law, its sources, and its significance.
For all sources English translations are provided next to the original Greek (and Latin) text. In some cases, tables or other features are included that help further elucidate the source and illustrate its nature. The volume offers a clear yet detailed primer to Byzantine law, its sources, and its significance.
Illustrating Byzantine Law through the Sources
This is the first book in English providing a wide range of Byzantine legal sources. In six chapters, this book explains and illustrates Byzantine law through a selection of fundamental Byzantine legal sources, beginning with the sources before the time of Justinian, and extending up to AD 1453.
For all sources English translations are provided next to the original Greek (and Latin) text. In some cases, tables or other features are included that help further elucidate the source and illustrate its nature. The volume offers a clear yet detailed primer to Byzantine law, its sources, and its significance.
For all sources English translations are provided next to the original Greek (and Latin) text. In some cases, tables or other features are included that help further elucidate the source and illustrate its nature. The volume offers a clear yet detailed primer to Byzantine law, its sources, and its significance.
Aidbred, Heptad 64, and Muirbretha
Charlene M. Eska presents in this book a critical edition and translation of a newly discovered early Irish legal text on lost and stolen property, Aidbred. Although the Old Irish text itself is fragmentary, the copious accompanying commentaries provide a wealth of legal, historical, and linguistic information, thus presenting us with a complete picture of the legal procedures involved in reclaiming missing property.
This book also includes editions of two other texts concerning property found on land, Heptad 64, and at sea, Muirbretha. The three texts edited together provide a complete picture of this aspect of the early Irish legal system.
This book also includes editions of two other texts concerning property found on land, Heptad 64, and at sea, Muirbretha. The three texts edited together provide a complete picture of this aspect of the early Irish legal system.
Aidbred, Heptad 64, and Muirbretha
Charlene M. Eska presents in this book a critical edition and translation of a newly discovered early Irish legal text on lost and stolen property, Aidbred. Although the Old Irish text itself is fragmentary, the copious accompanying commentaries provide a wealth of legal, historical, and linguistic information, thus presenting us with a complete picture of the legal procedures involved in reclaiming missing property.
This book also includes editions of two other texts concerning property found on land, Heptad 64, and at sea, Muirbretha. The three texts edited together provide a complete picture of this aspect of the early Irish legal system.
This book also includes editions of two other texts concerning property found on land, Heptad 64, and at sea, Muirbretha. The three texts edited together provide a complete picture of this aspect of the early Irish legal system.