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Author : Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke
Publisher : Cambridge University Press
Page : 625 pages
File Size : 53,9 Mb
Release : 2018-11-29
Category : History
ISBN : 9781108417112
Examines and compares East Asian and European perspectives of Global Constitutionalism.
Author : Nicholas Tsagourias
Publisher : Cambridge University Press
Page : 348 pages
File Size : 48,6 Mb
Release : 2007-07-19
Category : Law
ISBN : 9781139464680
An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.
Author : Anne Peters,Evelyne Lagrange,Stefan Oeter,Christian Tomuschat
Publisher : Martinus Nijhoff Publishers
Page : 378 pages
File Size : 52,5 Mb
Release : 2014-11-07
Category : Law
ISBN : 9789004251632
The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book takes up new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.
Author : Matthieu Burnay
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 54,5 Mb
Release : 2018-07-27
Category : Law
ISBN : 9781788112390
This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.
Author : Deplano, Rossana,Tsagourias, Nicholas
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 48,8 Mb
Release : 2021-07-31
Category : Law
ISBN : 9781788972369
This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.
Author : Eric C. Ip
Publisher : Cambridge University Press
Page : 301 pages
File Size : 40,5 Mb
Release : 2019-04-25
Category : Law
ISBN : 9781107194922
Examines the political dynamics of constitutional review in hybrid regimes in the context of China's Special Administrative Regions.
Author : Albert H. Y. Chen,Hongyi Chen,Andrew Harding
Publisher : Cambridge University Press
Page : 407 pages
File Size : 49,7 Mb
Release : 2018-09-20
Category : Law
ISBN : 9781107195080
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Author : Michal Kope?ek,Piotr Wci?lik
Publisher : Central European University Press
Page : 608 pages
File Size : 52,8 Mb
Release : 2015-11-10
Category : Political Science
ISBN : 9789633860854
This book is the first concentrated effort to explore the most recent chapter of East Central European past from the perspective of intellectual history. Post-socialism can be understood both as a period of scarcity and preponderance of ideas, the dramatic eclipsing of the dissident legacy?as well as the older political traditions?and the rise of technocratic and post-political governance. This book, grounded in empirical research sensitive to local contexts, proposes instead a history of adaptations, entanglements, and unintended consequences. In order to enable and invite comparison, the volume is structured around major domains of political thought, some of them generic (liberalism, conservatism, the Left), others (populism and politics of history) deemed typical for post-socialism. However, as shown by the authors, the generic often turns out to be heavily dependent on its immediate setting, and the typical resonates with processes that are anything but vernacular.
Author : Andrea Bianchi,Anne Peters
Publisher : Cambridge University Press
Page : 641 pages
File Size : 47,7 Mb
Release : 2013-11-07
Category : Law
ISBN : 9781107470248
While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
Author : Ran Hirschl
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 47,9 Mb
Release : 2020
Category : Law
ISBN : 9780190922771
"More than half the world's population lives in cities; by 2050, it will be more than 75%. Cities are often the economic, cultural, and political drivers of states, and of globalization more generally. Yet, constitutionally-speaking, there has been little to no consideration of cities (and especially megacities, with populations exceeding those of many of the world's countries) as discrete or distinct constitutional or federal entities, with political identities and economic needs that often differ from rural regions or so-called "hinterlands." This book intends to taxonomize the constitutional relationship between states and (mega)cities and theorize a way forward for considering the role of the city in future. In six chapters and a conclusion, the book considers the reason for this "constitutional blind spot," the relationship between cities and hinterlands (the center/periphery divide), constitutional mechanisms for dealing with regional differences, a comparative constitutional analysis of urban-center autonomy, and recent and future innovations in city governance"--
Author : Gábor Halmai
Publisher : Unknown
Page : 0 pages
File Size : 54,8 Mb
Release : 2014
Category : Comparative law
ISBN : 9462361134
This work investigates the problem of how constitutionality and the internationally increasingly accepted global principles of human rights can influence state action, which is still considered sovereign. International human rights regulations are of pre-eminence in this context since they are virtually, by definition, based on limitations of national constitutional law, in order to assert internationally shared constitutional principles. The evolution of international human rights - triggered by the Holocaust trauma - was the first serious challenge pertaining to any kind of domestic action within the sovereignty of states. This new type of global morality that manifests itself in international relations largely owes itself to the emergence of the notion that certain states bear responsibility for the horrors of World War II. The first part will review the resultant limitation of sovereignty in the context of the creation, amendment, and interpretation of national constitutions, seeking to answer the questions of how far the process of internationalization of (national0 constitutional law has progressed. The second part will address the constitutionalization of the small segment of international law that manifest itself in the assertion of international human rights standards in the case law of national courts.
Author : Peter Hayes,Chung-In Moon
Publisher : Springer
Page : 318 pages
File Size : 41,6 Mb
Release : 2017-12-04
Category : Political Science
ISBN : 9789811049774
This book collects some of the most influential scholars in international relations who focus on Asia globally in exploring the challenges of diplomacy faced in Asia as US policy drastically changes. The president-elect has suggested policies which, if implemented, would radically transform the way that the region functions; what will this mean in practice? China's government is also retrenching nationalist positions; what is the future of China, and what does that mean for the region? A wide range of distinguished scholars, concerned about the future, have contributed their thoughts in an attempt to spark a global dialogue.
Author : Cas Mudde
Publisher : John Wiley & Sons
Page : 129 pages
File Size : 46,8 Mb
Release : 2019-10-25
Category : Philosophy
ISBN : 9781509536856
The far right is back with a vengeance. After several decades at the political margins, far-right politics has again taken center stage. Three of the world’s largest democracies – Brazil, India, and the United States – now have a radical right leader, while far-right parties continue to increase their profile and support within Europe. In this timely book, leading global expert on political extremism Cas Mudde provides a concise overview of the fourth wave of postwar far-right politics, exploring its history, ideology, organization, causes, and consequences, as well as the responses available to civil society, party, and state actors to challenge its ideas and influence. What defines this current far-right renaissance, Mudde argues, is its mainstreaming and normalization within the contemporary political landscape. Challenging orthodox thinking on the relationship between conventional and far-right politics, Mudde offers a complex and insightful picture of one of the key political challenges of our time.
Author : James R. May,Erin Daly
Publisher : Cambridge University Press
Page : 427 pages
File Size : 44,7 Mb
Release : 2015
Category : Business & Economics
ISBN : 9781107022256
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
Author : Martin Belov
Publisher : Routledge
Page : 201 pages
File Size : 47,7 Mb
Release : 2019-10-16
Category : Law
ISBN : 9781000707977
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.