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Author : Stef Feyen
Publisher : Presses Universitaires de Louvain - UCL
Page : 280 pages
File Size : 46,9 Mb
Release : 2013
Category : Law
ISBN : 9789058679383
Feyen rethinks the framework within which the connection between EU law and national constitutional law can be understood.
Author : John Bell,Marie-Luce Paris
Publisher : Edward Elgar Publishing
Page : 480 pages
File Size : 42,9 Mb
Release : 2016-04-29
Category : Law
ISBN : 9781784717612
Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policymakers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.
Author : András Jakab,Dimitry Kochenov
Publisher : Oxford University Press
Page : 425 pages
File Size : 40,5 Mb
Release : 2017-04-07
Category : Law
ISBN : 9780191063510
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.
Author : Patricia Popelier,Koen Lemmens
Publisher : Bloomsbury Publishing
Page : 312 pages
File Size : 50,5 Mb
Release : 2015-10-22
Category : Law
ISBN : 9781782259459
The Belgian Constitution, once described as a model of consensus democracy, has now become an enigma in comparative federalism. On the one hand, it demonstrates features which suggest institutional instability as well as elements that enhance the probability of secession. On the other hand, Belgium continues to exist as a federal system, based upon linguistic bipolarity. This linguistic bipolarity dominates Belgian politics and has shaped the design of Belgium's institutions as well as the Constitution's fundamental organising principles: concepts of federalism, democracy, separation of powers, constitutionalism and the rule of law. In this book, the institutional structure and the principles governing the Belgian constitutional system are explained in the light of its historical, demographic and political context. Linguistic bipolarity and its historical evolution explain the establishment of the Belgian State structure as a dual federalism, with exclusive powers, instruments for consensus making and obstruction, and elements of confederal decision making. It also explains the evolution in the concept of principles of democracy and the rule of law. Besides describing the devolutionary process, the book also incorporates two other elements that have shaped the Belgian constitutional landscape: fundamental rights and Europeanisation.
Author : Anonim
Publisher : Статут
Page : 208 pages
File Size : 44,8 Mb
Release : 2024-06-03
Category : Electronic
ISBN : 8210379456XXX
The “Russian Law Journal” (RLJ) magazine is one of the first English-language legal academic editions regularly published in Russia. It is an All-Russian interuniversity platform designed to promote Russian legal researches abroad. The magazine is meant for both Russian and foreign readers including major world legal libraries, academics and practicing lawyers. International editorial board and editorial team are represented by professors from leading world centers of legal education and legal science, like Harvard, Yale, Cambridge and La Sorbonne, as well as by scientists from Russian law schools (Moscow State University, Kutafin Moscow State Law University, Saint-Petersburg State University, Higher School of Economics).
Author : Sören Koch,Marius Mikkel Kjølstad
Publisher : Springer Nature
Page : 1171 pages
File Size : 50,8 Mb
Release : 2023-05-30
Category : Law
ISBN : 9783031277450
Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.
Author : Anonim
Publisher : BRILL
Page : 282 pages
File Size : 42,6 Mb
Release : 2023-08-07
Category : Social Science
ISBN : 9789004678064
In Beyond Dogmatism. Studies in Historical Sociology Andrea Borghini offers a general overwiew of the perspective of Historical Sociology through distinguished authors working in this field. Each of the contributing chapters traverses the history of sociological thought in a rich and innovative way. Through the analysis of authors such as Bourdieu, Lukàcs, Chase Dunn, Gramsci, Polanyi, Sombart, Mann and topics such as the Critique of Capitalism, the Fetishism of Commodities, the Sociology of Concepts, and various comparisons between Sociology and Political Science, an enlightening panorama is composed. The end result is to restore the extreme topicality and richness of an approach that is particularly valuable for describing and interpreting the dynamics of our age. Contributors are Ricardo A. Dello Buono, Gerardo Pastore, Domenico Maddaloni, Cory Blad, Enrico Campo, Alfonso Maurizio Iacono, Roberta Iannone, Andrea Borghini, Elena Gremigni, Eleonora Piromalli, Lorenzo Sabetta, Carmelo Lombardo and Alfredo Ferrara .
Author : Bradford E. Hinze,Anthony J. Godzieba
Publisher : Liturgical Press
Page : 304 pages
File Size : 45,7 Mb
Release : 2017-02-01
Category : Religion
ISBN : 9780814684405
Behind every important development in Catholic doctrine and practice since the beginning of the modern period have been debates about the interpretation of Christianity’s classic texts and traditions and their ideological and practical implications. Over the past century there have been breakthroughs in retrieving the origins of beliefs and practices, recovering the rich, myriad, and multifaceted literary forms, and recognizing the ways these venerable traditions have been received, applied, and negotiated in the lives of reading audiences with their contrasting worldviews. The essays in this volume by leading figures in Catholic theology suggest what might be called a “third naïveté” that blends deeply contextual interpretations with a critical theological analysis of the roles of power and grace in church and society. The abilities and skills to grapple with basic issues in hermeneutics and critical theory remain necessary and fundamental for Catholic theology. At stake is nothing less than how the good news of God’s salvation can be grasped and lived today. This volume provides a trustworthy map and compass for negotiating these debates and options. Contributors include: Sandra M. Schneiders, Francis Schüssler Fiorenza, Robert J. Schreiter, John E. Thiel, Dominic Doyle, Fernando F. Segovia, Andrew Prevot, Ormond Rush, Judith Gruber, Susan Abraham, Anthony J. Godzieba, and Bradford E. Hinze.
Author : Sam Momah
Publisher : African Books Collective
Page : 312 pages
File Size : 54,7 Mb
Release : 2013
Category : Business & Economics
ISBN : 9789788431343
Most Nigerians, when they talk about Nigeria, will always refer to her with bubbling jingoism as 'giant of Africa' or 'our great nation, Nigeria' but fail to ask 'giant of what?' Goodness or Evil? Productivity or Consumption? Success or Failure? Meritocracy or Mediocrity? Hollowness or Substance? Capturing the "mood of the nation" this book offers diagnosis on the country which are broad-based, instructive and well presented. Part I outlines the developmental stages of Nigeria while Part II gives an in depth diagnosis of the major problems besetting Nigeria, following Part III gives examples of nations and leadership traits Nigeria could emulate.
Author : Matthias Jestaedt,Oliver Lepsius,Christoph Möllers,Christoph Schönberger
Publisher : Oxford University Press
Page : 240 pages
File Size : 51,9 Mb
Release : 2020-03-05
Category : Law
ISBN : 9780192512093
This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.
Author : Luca Fiorito,Scott Scheall,Carlos Eduardo Suprinyak
Publisher : Emerald Group Publishing
Page : 208 pages
File Size : 43,8 Mb
Release : 2018-05-18
Category : Business & Economics
ISBN : 9781787561250
Volume 36A of Research in the History of Economic Thought and Methodology features a symposium on Bruce Caldwell’s Beyond Positivism after 35 years. The volume also features general-research essays from Luis Mireles-Flores and Alain Marciano. Luca Fiorito presents a new discovery from the archives.
Author : Matej Avbelj,Jan Komárek
Publisher : Bloomsbury Publishing
Page : 452 pages
File Size : 45,8 Mb
Release : 2012-02-29
Category : Law
ISBN : 9781847318916
Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.
Author : Dolf te Velde,Roelf T. te Velde
Publisher : Eburon Uitgeverij B.V.
Page : 713 pages
File Size : 48,6 Mb
Release : 2010
Category : Gereformeerden
ISBN : 9789059723665
Author : Anab Whitehouse
Publisher : Bilquees Press
Page : 660 pages
File Size : 51,9 Mb
Release : 2018-11-05
Category : Political Science
ISBN : 8210379456XXX
The 'Occupy Movement' took many people by surprise with both its scope, as well as with the manner in which it resonated with the deep sense of discontentment that appears to be felt by many people in the United States concerning the economic. legal and political character of American life. This book is intended to help bring a sharper focus to the concerns that are inherent in the dissatisfaction people feel concerning the idea of 'politics as usual' by offering a clear differentiation between the way of power (i.e., politics as usual) and the way of inalienable sovereignty that gives expression to a very different notion of democracy ... one that is constructive, not destructive.
Author : John Thompson,Dikran Hadidian
Publisher : Wipf and Stock Publishers
Page : 360 pages
File Size : 41,9 Mb
Release : 1986-01-01
Category : Religion
ISBN : 9780915138852