Blog of the IACL, AIDC

a network of constitutionalists from countries throughout the world

New Titles from Hart Publishing

Australian Constitutional Values

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Edited by Ros Dixon

Vigorous debate exists among constitutional scholars as to the appropriate ‘modalities’ of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or ‘values’. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach.

This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court’s approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia’s constitutional system.

Rosalind Dixon is Professor of Law at the University of New South Wales, Australia.

February 2018   |   9781509918409   |   336pp   |   Hardback   |    RSP: £80   

Discount Price: £64

Order online at www.hartpublishing.co.uk – use discount code CV7 at the checkout to get 20% off!

Detention of Terrorism Suspects

Political Discourse and Fragmented Practices

Maureen Duffy

Controversial erosions of individual liberties in the name of anti-terrorism are ongoing in liberal democracies. The focus of this book is on the manner in wScreen Shot 2018-03-18 at 8.51.37 pm.pnghich strategic discourse has been used to create accepted political narratives. It specifically links aspects of that discourse to problematic and evolving terrorism detention practices that happen outside of traditional criminal and wartime paradigms, with examples including the detentions at Guantanamo Bay and security certificates in Canada.

This book suggests that biased political discourse has, in some respects, continued to fuel public misconceptions about terrorism, which have then led to problematic legal enactments, supported by those misconceptions. It introduces this idea by presenting current examples, such as some of the language used by US President Donald Trump regarding terrorism, and it argues that such language has supported questionable legal responses to terrorism. It then critiques political arguments that began after 9/11, many of which are still foundational as terrorism detention practices evolve. The focus is on language emanating from the US, and the book links this language to specific examples of changed detention practices from the US, Canada, and the UK.

Terrorism is undoubtedly a real threat, but that does not mean that all perceptions of how to respond to terrorism are valid. As international terrorism continues to grow and to change, this book offers valuable insights into problems that have arisen from specific responses, with the objective of avoiding those problems going forward.

Maureen Duffy is Assistant Professor of Law at the University of Calgary.

February 2018   |   9781849468640   |   320pp   |   Hardback   |    RSP: £70   

Discount Price: £56

Order online at www.hartpublishing.co.uk – use discount code CV7 at the checkout to get 20% off!

  Reclaiming Constitutionalism

Democracy, Power and the State

Maria Tzanakopoulou

Screen Shot 2018-03-18 at 8.52.58 pm.pngReclaiming Constitutionalism articulates an argument for why the constitutional phenomenon remains attached to the state – despite the recent advent of theories of global constitutionalism. Drawing from the idea that constitutionalism historically sought to build social consensus, this book argues that the primary aim of constitutionalism is to create social peace and to shield, rather than to limit, the power of political elites in any given state. Implicit in the effort to preserve social peace is the fundamentally important acknowledgement of social conflict. Constitutionalism seeks to offer a balance between opposing social forces. However, this balancing process can sometimes ignite, rather than appease, social conflict. Constitutionalism may thus further a project of social struggles and emancipation, for it incorporates within its very nucleus the potential for an agonistic version of democracy. In light of the connection between social conflict and constitutionalism, this book explores the conditions for and locations of the former. From the state and the EU to the global level, it considers the role of citizenship, national identities, democracy, power, and ideology, in order to conclude that the state is the only site that satisfies the prerequisites for social conflict. Reclaiming constitutionalism means building a discourse that opens up an emancipatory potential; a potential that, under current conditions, cannot be fulfilled beyond the borders of the state.

Maria Tzanakopoulou is Teaching Fellow at King’s College London Dickson Poon School of Law and at UCL Faculty of Laws.

February 2018   |   9781509916122   |   232pp   |   Hardback   |    RSP: £60   

Discount Price: £48

Order online at www.hartpublishing.co.uk – use discount code CV7 at the checkout to get 20% off!

One comment on “New Titles from Hart Publishing

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This entry was posted on March 18, 2018 by in Uncategorized.
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