Writing Constitutions
Description
Writing Constitutions intends to serve as a manual for those writing constitutions or interested in their design. It is the first coherent, systematic and universal approach to capture concept and content of a modern constitution. Constitutional Principles as outlined in Volume III reflect the underlying philosophy and identity of a nation. They include core concepts such as the rule of law , democracy and electoral systems , the social , cultural and the ecological constitution , flanked by constitutional designs for a preamble , an international framework , the popular referendum and a territorial division . The comparative, step-by-step approach empowers judges, lawyers, civil rights activists, legislators and academics to draft and interpret the major constitutional principles.
Writing Constitutions comes in three volumes:
- Volume I: Institutions
- Volume II: Fundamental Rights
- Volume III: Constitutional Principles
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Persons
Wolfgang Babeck is an honorary adjunct professor at Bond University, Australia and a commercial lawyer admitted in New South Wales, England and Wales and Germany. Over the past 25 years Prof. Dr. Dr. h.c. Babeck has been involved in legal and constitutional reforms in Lithuania, Bulgaria, Kosovo, Armenia, Georgia, Uzbekistan, Kyrgyzstan and Vietnam. Both in 2010 and in 2017 he chaired a constitutional conference for the country of Georgia. He is the chair of the International Law Section of the Law Council of Australia and lives in Sydney and occasionally in Berlin.
Albrecht Weber is a renowned scholar in the field of comparative constitutional law, European law and Fundamental Rights. Em. Prof. Dr. Albrecht Weber has taught in Osnabrück, Germany; France; Spain; Italy and Canada. He has published widely in the area, e.g. Europäische Verfassungsvergleichung (2010); European Constitutions Compared (2019); Fundamental Rights in Europe and North America (ed. 2000-2007); Menschenrechte. Texte und Fallpraxis (2004). He acted as Legal Counsel for Supreme Court Judges of Georgia before the European Court of Human Rights (2007-2018) and participated in the Constitutional Conference for Georgia in Berlin 2017. He lives in Osnabrück.
Content
Part I: Introduction to Constitutional Principles: 1 Introduction to Constitutional Principles (Karl-Peter Sommermann).- 2 Preambles (Albrecht Weber).- Part II: The Internationalization of the Constitution: 3 The International Framework of the Constitution ( Albrecht Weber ).- Part III: Democracy: 4 Democracy - The People (Francisco Balaguer Callej ó n ).- 5 Choosing Electoral Systems in Times of Electoral Manipulation (Wolfgang Babeck).- 6 Direct Democracy (Popular Referendum) (Wolfgang Babeck).- Part IV: Rule of Law - Rechtsstaat - État de droit: 7 The Concept of the Rule of Law (Rainer Arnold).- 8 Rule of Law: Specific Elements and Separation of Powers (Rainer Arnold).- Part V: Welfare State and Social State Principle: 9 Welfare State and Social State Principle (Eberhard Eichenhofer).- Part VI: Culture and Constitution: 10 Culture and Constitution ( Jesús Casal ).- Part VII: The Ecological Constitution: 11 The Ecological Constitution (Wolfgang Babeck ).- Part VIII: Territorial Division of Power: 12 Territorial Division of Powers (Albrecht Weber).