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Comparative Constitutional Studies

Between Magic and Deceit

Günter Frankenberg

Comparative Constitutional Studies takes a rich area of research and teaching and makes it attractive for the classroom setting and beyond. Every constitution has an interesting story to tell, and for this book Günter Frankenberg has selected vibrant examples that encourage readers to practice realism, demonstrate critical spirit and examine the dark side of framers’ reports and normative theories.
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Epilogue

Between Magic and Deceit

Günter Frankenberg

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Edited by Gary Jacobsohn and Miguel Schor

The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.
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Conclusions: a few thoughts

Strategic Models and Factors

Antonios E. Platsas

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The Harmonisation of National Legal Systems

Strategic Models and Factors

Antonios E. Platsas

This book offers a novel perspective on the leading concept of harmonisation, advocating the mutual benefits and practical utility of harmonised law. Theoretical models and factors for harmonisation are explored in detail. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory.
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Antonios E. Platsas

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Introduction to the Factors

Strategic Models and Factors

Antonios E. Platsas

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Dominique Custos

On October 23, 2015 the long-awaited French code of administrative procedure came into being as ‘the code of the relationships between the public and the administration’ (CRPA). Even though the CRPA is mostly a restatement and contains few novelties, it encapsulates two prominent trends of the transformation of French administrative law over the past four decades: proceduralization and subjectivization. Thus it harbors elements of the forming worldwide standards of good administration. Moreover, the 2015 codification formalizes a significant reconfiguration of written and unwritten sources of French administrative law. However, it does not fundamentally upend the jurisprudential characteristic of French administrative law. Thanks to the combination of the incomplete nature of the codification of the case-law and the longstanding interpretive resourcefulness of the Conseil d’État, this supreme court will remain a strong player in shaping French administrative law.

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Dorit Rubinstein Reiss

This chapter uses the development of norms of transparency and consultation by independent agencies regulating telecommunications and electricity in Sweden, France and England to examine how agencies an act to create administrative law norms. Administrative agencies are sophisticated and important actors. However, the literature sometimes treats them as only passive recipient of norms. This chapter emphasizes their role in actively creating them.