Comparing Transitions To Democracy Law And Justice In South America And Europe

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Comparing Transitions to Democracy. Law and Justice in South America and Europe

Cristiano Paixão,Massimo Meccarelli
Comparing Transitions to Democracy Law and Justice in South America and Europe Book PDF

Author : Cristiano Paixão,Massimo Meccarelli
Publisher : Springer Nature
Page : 323 pages
File Size : 47,9 Mb
Release : 2021-10-01
Category : Law
ISBN : 9783030675028

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Comparing Transitions to Democracy. Law and Justice in South America and Europe by Cristiano Paixão,Massimo Meccarelli Pdf

This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.

Constitutionalism and Democracy

American Council of Learned Societies
Constitutionalism and Democracy Book PDF

Author : American Council of Learned Societies
Publisher : Oxford University Press on Demand
Page : 416 pages
File Size : 43,8 Mb
Release : 1993
Category : Law
ISBN : 9780195071078

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Constitutionalism and Democracy by American Council of Learned Societies Pdf

"The American Council of Learned Societies comparative constitutionalism papers."--T.p.

Judicial Responsibility and Coups d’État

Kriangsak Kittichaisaree
Judicial Responsibility and Coups d tat Book PDF

Author : Kriangsak Kittichaisaree
Publisher : Taylor & Francis
Page : 265 pages
File Size : 46,8 Mb
Release : 2023-02-10
Category : Law
ISBN : 9781000836295

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Judicial Responsibility and Coups d’État by Kriangsak Kittichaisaree Pdf

This book examines the responsibility of judges of domestic courts following unconstitutional usurpation of power of government (coups d’état). It explores judges’ liability for failing to discharge their judicial duty independently and impartially, and the criminality of usurpers and their accomplices and collaborators for their violation of fundamental rights and freedoms or commission of crimes of international concern. Written by a highly regarded non-Western author, the book is coherent and meticulously researched, covering an approach to coups in an insightful and fascinating fashion. It includes a sophisticated and thorough analysis of the relevant comparative jurisprudence of domestic and international courts, with concrete examples of the best practices among decisions of domestic courts in countries that have experienced coups d’état. With an increasing global interest in the phenomenon of coups, democratic backsliding and the place and role of the judiciary as the only hope to rein in acts of unconstitutional usurpation of power, the book will be essential reading for members of the legal profession, those cherishing democracy as well as students and researchers in constitutional law, law and political science, public international law, international human rights law, international criminal law, regime changes, transitional justice and international organizations.

Innovation and Transition in Law: Experiences and Theoretical Settings

Anonim
Innovation and Transition in Law Experiences and Theoretical Settings Book PDF

Author : Anonim
Publisher : Dykinson
Page : 128 pages
File Size : 46,5 Mb
Release : 2024-06-27
Category : Electronic
ISBN : 9788413773094

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Innovation and Transition in Law: Experiences and Theoretical Settings by Anonim Pdf

This book features a discussion on the modernisation of law and legal change, focusing on the key concepts of innovation" and "transition". These concepts both appear to be relevant and poorly defined in contemporary legal science. A critical reflection on the heuristic value of these categories seems appropriate, particularly considering their dyadic value. While innovation is increasingly appearing in the present day as being the category in which one looks at the modernisation of law, the concept of transition also seems to be the privileged place of occurrence for such dynamics. This group of Italian and Brazilian scholars contributing to this volume intends to investigate such problems through an interdisciplinary prism. It includes points of view both internal to legal studies - such as the history of law, theory of law, constitutional law, private law and commercial law - and external, such as political philosophy and history of justice and political institutions.

Perpetration and Complicity under Nazism and Beyond

Mary Fulbrook,Bastiaan Willems,Stephanie Bird,Stefanie Rauch
Perpetration and Complicity under Nazism and Beyond Book PDF

Author : Mary Fulbrook,Bastiaan Willems,Stephanie Bird,Stefanie Rauch
Publisher : Bloomsbury Publishing
Page : 305 pages
File Size : 41,5 Mb
Release : 2023-07-13
Category : History
ISBN : 9781350327795

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Perpetration and Complicity under Nazism and Beyond by Mary Fulbrook,Bastiaan Willems,Stephanie Bird,Stefanie Rauch Pdf

Perpetration and Complicity under Nazism and Beyond analyses perpetration and complicity under National Socialism and beyond. Contributors based in the UK, the USA, Canada, Germany, Israel and Chile reflect on self-understandings, representations and narratives of involvement in collective violence both at the time and later – a topic that remains highly relevant today. Using the notion of 'compromised identities' to think about contentious questions relating to empathy and complicity, this inter-disciplinary collection addresses the complex relationships between people's behaviours and self-understandings through and beyond periods of collective violence. Contributors explore the compromises that individuals, states and societies enter into both during and after such violence. Case studies highlight patterns of complicity and involvement in perpetration, and analyse how people's stories evolve under changing circumstances and through social interaction, using varying strategies of justification, denial and rationalisation. Each chapter also considers the ways in which contemporary responses and scholarly practices may be affected by engagement with perpetrator representations.

The Bloomsbury Handbook of the Spanish Civil War

Antonio Cazorla-Sanchez,Alison Ribeiro de Menezes,Adrian Shubert
The Bloomsbury Handbook of the Spanish Civil War Book PDF

Author : Antonio Cazorla-Sanchez,Alison Ribeiro de Menezes,Adrian Shubert
Publisher : Bloomsbury Publishing
Page : 521 pages
File Size : 42,7 Mb
Release : 2023-11-30
Category : History
ISBN : 9781350230415

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The Bloomsbury Handbook of the Spanish Civil War by Antonio Cazorla-Sanchez,Alison Ribeiro de Menezes,Adrian Shubert Pdf

In 25 innovative thematic essays, The Bloomsbury Handbook of the Spanish Civil War sees an interdisciplinary team of scholars examine a conflict that, more than 80 years after its conclusion, continues to generate both scholarly and public controversy. Split into four main sections covering Military and Diplomatic Issues, Society and Culture, Politics, and Debates, the volume offers a number of unique features. It is unprecedented in its comprehensiveness and includes chapters on topics that are rarely, if ever, explored in the literature of the field: humanitarianism, children and families, material conditions, the decimation of elites, archives and sources, archaeological approaches, digital approaches, public history, and cultural studies approaches. Instead of discussing each of the two warring sides, Republicans and Francoists, separately, as is so often the case, the book's thematic structure means that these opposing forces are examined together, facilitating comparison and fresh understanding in numerous areas of study. Contributors from the UK, the USA, Canada, Spain and Denmark also analyse the major controversies and disputes surrounding each topic as part of a detailed exploration of one of the seminal events of the 20th century.

Three Generations of European Constitutional Courts in Transition to Democracy

Francesco Biagi
Three Generations of European Constitutional Courts in Transition to Democracy Book PDF

Author : Francesco Biagi
Publisher : Cambridge University Press
Page : 261 pages
File Size : 55,6 Mb
Release : 2020-01-02
Category : Law
ISBN : 9781108489393

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Three Generations of European Constitutional Courts in Transition to Democracy by Francesco Biagi Pdf

A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.

Democratic Transition and Constitutional Justice: Post Reformasi Constitutional Adjudication in Indonesia

Iwan Satriawan,Khairil Azmin Mokhtar
Democratic Transition and Constitutional Justice Post Reformasi Constitutional Adjudication in Indonesia Book PDF

Author : Iwan Satriawan,Khairil Azmin Mokhtar
Publisher : IIUM PRESS
Page : 248 pages
File Size : 40,7 Mb
Release : 2020-05-04
Category : Biography & Autobiography
ISBN : 9789674910310

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Democratic Transition and Constitutional Justice: Post Reformasi Constitutional Adjudication in Indonesia by Iwan Satriawan,Khairil Azmin Mokhtar Pdf

The fall of New Order Regime under President Suharto saw the emergence of Reformasi (Reformation) and the beginning of various institutional and governmental changes done in the pursuit of democracy in Indonesia. Constitutional justice is fundamental to the success of democratic transition in the country. One of the results democratic reform and constitutional changes after Reformasi in 1998 is the establishment of the Constitutional Court of the Republic of Indonesia.

Building Justice in Post-transition Europe

Kay Eileen Goodall,Margaret S. Malloch,Bill Munro
Building Justice in Post transition Europe Book PDF

Author : Kay Eileen Goodall,Margaret S. Malloch,Bill Munro
Publisher : Routledge
Page : 210 pages
File Size : 41,7 Mb
Release : 2013
Category : Law
ISBN : 9780415697132

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Building Justice in Post-transition Europe by Kay Eileen Goodall,Margaret S. Malloch,Bill Munro Pdf

After the collapse of the Berlin wall in 1989 and disintegration of the Soviet Union, scholars focused on the problems of legal transitions within the newly emerging democracies. Two decades on, these states are in 'post-transition' conditions; having undergone and continuing to experience political, economic and constitutional upheavals to varying degrees. Criminal law and processes of criminalisation and decriminalisation are at the heart of these changes, and must be understood in the light of the social transitions. A major influence is the old 'West' - a relationship that has often been more maleficent than it may appear. This book provides an interdisciplinary perspective on this largely unexamined topic.

The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe

Liviu Damşa
The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe Book PDF

Author : Liviu Damşa
Publisher : Springer
Page : 311 pages
File Size : 43,7 Mb
Release : 2017-01-03
Category : Law
ISBN : 9783319485300

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The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe by Liviu Damşa Pdf

This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.

Democracy and Judicial Reforms in South-East Europe

Cristina Dallara
Democracy and Judicial Reforms in South East Europe Book PDF

Author : Cristina Dallara
Publisher : Springer
Page : 150 pages
File Size : 42,5 Mb
Release : 2014-07-08
Category : Political Science
ISBN : 9783319044200

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Democracy and Judicial Reforms in South-East Europe by Cristina Dallara Pdf

The book analyzes the topic of judicial reforms in four countries of South-East Europe, focusing on two specific factors that have influenced the reforms in the past two decades: the role played by the European Union in light of the east Enlargement process and the legacies of the communist regimes. Specifically, the aim is to account for similarities and differences in the reform paths of Slovenia, Romania, Croatia, and Serbia. In each country, in fact, the influence of the EU policies has been differently mediated by national factors that, broadly conceived, may be considered as expressing the legacies of the past regimes. In some cases, these legacies challenged judicial reforms and inhibited the influence of the EU; in other cases, they were positively overcome by following the route suggested by the EU. Some explanatory factors for these differences will be proposed drawing from democratization studies, Europeanization literature, and comparative judicial systems. The book focuses on countries having different status vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process. vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process.

The State of Democracy in Central and Eastern Europe

Ramona Coman,Luca Tomini
The State of Democracy in Central and Eastern Europe Book PDF

Author : Ramona Coman,Luca Tomini
Publisher : Routledge
Page : 128 pages
File Size : 53,5 Mb
Release : 2017-10-02
Category : Political Science
ISBN : 9781317379881

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The State of Democracy in Central and Eastern Europe by Ramona Coman,Luca Tomini Pdf

The State of Democracy in Central and Eastern Europe brings together scholars specialising in the study of Central and Eastern Europe, and provides a comprehensive analysis of some of the major issues in the democratic make-up of the EU’s new member states. The book covers the main dimensions of the state, and contributors discuss questions about the development of democracy in Central and Eastern Europe over the past twenty years. What is the present state of democracy in Central and Eastern Europe more than twenty years since the end of communist regimes? What is the actual functioning of the political institutions of these countries? How is political participation structured, and what role do political parties play in these democracies? What guarantees are provided to limit governmental powers and abuse? What is the role of the judicial system, and the relationship between justice and politics? How can we evaluate the EU’s influence regarding democratic consolidation? What is the role of the public opinion? This book was originally published as a special issue of Europe-Asia Studies.

Routledge Handbook of Comparative Political Institutions

Jennifer Gandhi,Rubén Ruiz-Rufino
Routledge Handbook of Comparative Political Institutions Book PDF

Author : Jennifer Gandhi,Rubén Ruiz-Rufino
Publisher : Routledge
Page : 462 pages
File Size : 54,7 Mb
Release : 2015-04-10
Category : Political Science
ISBN : 9781317551799

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Routledge Handbook of Comparative Political Institutions by Jennifer Gandhi,Rubén Ruiz-Rufino Pdf

The Routledge Handbook of Comparative Political Institutions (HCPI) is designed to serve as a comprehensive reference guide to our accumulated knowledge and the cutting edge of scholarship about political institutions in the comparative context. It differs from existing handbooks in that it focuses squarely on institutions but also discusses how they intersect with the study of mass behaviour and explain important outcomes, drawing on the perspective of comparative politics. The Handbook is organized into three sections: The first section, consisting of six chapters, is organized around broad theoretical and empirical challenges affecting the study of institutions. It highlights the major issues that emerge among scholars defining, measuring, and analyzing institutions. The second section includes fifteen chapters, each of which handles a different substantive institution of importance in comparative politics. This section covers traditional topics, such as electoral rules and federalism, as well as less conventional but equally important areas, including authoritarian institutions, labor market institutions, and the military. Each chapter not only provides a summary of our current state of knowledge on the topic, but also advances claims that emphasise the research frontier on the topic and that should encourage greater investigation. The final section, encompassing seven chapters, examines the relationship between institutions and a variety of important outcomes, such as political violence, economic performance, and voting behavior. The idea is to consider what features of the political, sociological, and economic world we understand better because of the scholarly attention to institutions. Featuring contributions from leading researchers in the field from the US, UK, Europe and elsewhere, this Handbook will be of great interest to all students and scholars of political institutions, political behaviour and comparative politics. Jennifer Gandhi is Associate Professor, Department of Political Science, Emory University. Rubén Ruiz-Rufino is Lecturer in International Politics, Department of Political Economy, King’s College London.

Comparative Law

Mathias Siems
Comparative Law Book PDF

Author : Mathias Siems
Publisher : Law in Context
Page : 531 pages
File Size : 40,7 Mb
Release : 2018-04-12
Category : Law
ISBN : 9781107182417

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Comparative Law by Mathias Siems Pdf

The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.

Problems of Democratic Transition and Consolidation

Juan J. Linz,Alfred Stepan
Problems of Democratic Transition and Consolidation Book PDF

Author : Juan J. Linz,Alfred Stepan
Publisher : JHU Press
Page : 508 pages
File Size : 55,7 Mb
Release : 1996-08-16
Category : Political Science
ISBN : 0801851580

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Problems of Democratic Transition and Consolidation by Juan J. Linz,Alfred Stepan Pdf

5. Actors and contexts