Is The German Constitution A Consequence Resulting From Germany S History An Essay

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Is the German Constitution a consequence resulting from Germany's history? An essay

Author : M. T.
Publisher : GRIN Verlag
Page : 19 pages
File Size : 48,9 Mb
Release : 2016-07-18
Category : Law
ISBN : 9783668261303

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Is the German Constitution a consequence resulting from Germany's history? An essay by M. T. Pdf

Essay from the year 2016 in the subject Law - Philosophy, History and Sociology of Law, grade: 82%, 18 Punkte, University of Hull, language: English, abstract: According to the first Article of the German Basic Law (Grundgesetz) human dignity shall be inviolable: “Die Würde des Menschen ist unantastbar”. The fact that the protection of human dignity is enshrined at the very beginning of the Basic Law emphasises its value and significance. But has it always been like this, or rather, since when did human rights protection gain such importance? It is both interesting and necessary within comparative legal studies to look at laws and their development in various countries since legal history can support the study of comparative law. Especially constitutional issues are relevant as the functioning of a state and human co-existence are based on constitutional principles and values. An analysis of the historic developments permits a better understanding of law in general as well as a critical analysis of one’s own domestic legal system. The aim of this essay is to analyse the German constitution and its emphasis on human rights protection in the Federal Constitutional Court (Bundesverfassungsgericht) and to discuss whether it is a consequence resulting from Germany’s history. First, this essay will present an overview of Germany’s history with particular focus on the period of the Weimar Republic and the National Socialism. In the next section, it will outline the history of origins of the Basic Law as well as its catalogue of fundamental rights, followed by an illustration of the competences of the Federal Constitutional Court in contrast to its predecessors. Finally, a short comparison with regard to the American, French and British Constitution will be drawn.

The History and Growth of Judicial Review, Volume 2

Author : Steven G. Calabresi
Publisher : Oxford University Press
Page : 373 pages
File Size : 41,8 Mb
Release : 2021
Category : Law
ISBN : 9780190075736

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The History and Growth of Judicial Review, Volume 2 by Steven G. Calabresi Pdf

"This book examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include: the United States; the United Kingdom; France; Germany; Japan; Italy; India; Canada; Australia; South Korea; Brazil; South Africa; Indonesia; Mexico; and the European Union. The book considers five different theories, which help to explain the origins of judicial review, and it identifies which theories apply best in the various countries discussed. It considers not on what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over times. The positive account of what causes the origins and growth of judicial review in so many very different countries over such a long period of time has normative implications"--

The History and Growth of Judicial Review, Volume 2

Author : Steven Gow Calabresi
Publisher : Oxford University Press
Page : 384 pages
File Size : 41,6 Mb
Release : 2021-04-13
Category : Law
ISBN : 9780190075750

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The History and Growth of Judicial Review, Volume 2 by Steven Gow Calabresi Pdf

This two-volume set examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union, as well as Israel. The volumes consider five different theories, which help to explain the origins of judicial review, and identify which theories apply best in the various countries discussed. They consider not only what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over time. Volume Two discusses the G-20 civil law countries.

Commercialising Security in Europe

Author : Anna Leander
Publisher : Routledge
Page : 261 pages
File Size : 42,8 Mb
Release : 2013-06-26
Category : Political Science
ISBN : 9781135067892

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Commercialising Security in Europe by Anna Leander Pdf

This book examines the political consequences of European security commercialisation through increased reliance on private military and security companies (PMSCs). The role of commercial security in the domestic setting in Europe is widely acknowledged; after all, the biggest private security company globally – G4S Group – has its roots in Scandinavia. However, the use of commercial security contracting by European states for military purposes in international settings is mostly held to be marginal. This book examines the implications of commercialisation for the peace and reconciliations strategies of European states, focussing specifically on European contracting in Afghanistan. Drawing upon examples from Scandinavia, Central Europe and Continental Europe, each chapter considers three key factors: the national contexts that give security contracting in Afghanistan its meaning; the national contracting practices; the political consequences for the operation in Afghanistan. This book will be of much interest to students of critical security studies, global governance, peace and conflict studies, European politics, and IR in general.

AP European History Premium, 2025: Prep Book with 5 Practice Tests + Comprehensive Review + Online Practice

Author : Seth A. Roberts
Publisher : Simon and Schuster
Page : 529 pages
File Size : 47,8 Mb
Release : 2024-07-02
Category : History
ISBN : 9781506291604

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AP European History Premium, 2025: Prep Book with 5 Practice Tests + Comprehensive Review + Online Practice by Seth A. Roberts Pdf

Be prepared for exam day with Barron’s. Trusted content from AP experts! Barron’s AP European History Premium, 2025 includes in‑depth content review and online practice. It’s the only book you’ll need to be prepared for exam day. Written by Experienced Educators Learn from Barron’s‑‑all content is written and reviewed by AP experts Build your understanding with comprehensive review tailored to the most recent exam Get a leg up with tips, strategies, and study advice for exam day‑‑it’s like having a trusted tutor by your side Be Confident on Exam Day Sharpen your test‑taking skills with 5 full‑length practice tests–2 in the book and 3 more online–plus detailed answer explanations, sample responses, and scoring guidelines for all questions Strengthen your knowledge with in‑depth review covering all Units on the AP European History Exam Reinforce your learning with long essay, short-answer, and multiple-choice practice questions at the end of each chapter Determine which topics you know well and which you need to brush up on with comprehensive practice assessments for each major time period in European History Robust Online Practice Continue your practice with 3 full‑length practice tests on Barron’s Online Learning Hub Simulate the exam experience with a timed test option Deepen your understanding with detailed answer explanations and expert advice Gain confidence with scoring to check your learning progress

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Author : Anneli Albi,Samo Bardutzky
Publisher : Springer
Page : 1522 pages
File Size : 47,6 Mb
Release : 2019-05-29
Category : Law
ISBN : 9789462652736

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National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by Anneli Albi,Samo Bardutzky Pdf

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Globalization and Animal Law

Author : Thomas G. Kelch
Publisher : Kluwer Law International B.V.
Page : 696 pages
File Size : 46,9 Mb
Release : 2017-05-01
Category : Law
ISBN : 9789041158765

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Globalization and Animal Law by Thomas G. Kelch Pdf

The rise of the globalized economy has rendered an even more profound change in the relationship between humans and other animals than the ancient progression from huntergatherer to agricultural society. In today’s global markets, multinational corporations exploit the economic value of animals throughout the world on an unprecedented scale. The philosophical and legal notions that animals are mere unfeeling machines or pieces of property, although more or less taken for granted for centuries, has been challenged, if not burst asunder, in recent decades (in law, moral philosophy, and cognitive and other sciences), and regulation of the treatment of animals in agriculture, experimentation, entertainment and other areas has begun to make substantial inroads in national and international law. This book provides a detailed analysis of international and comparative animal law focusing on the impact of today’s globalized economy on animal law. Describing a wide range of domestic and international laws relating to the treatment of animals, the author explicates the sorts of legal rules which affect the global animal marketplace. Representative norms in existing animal protection laws are analyzed and critiqued, illustrating the diverse approaches taken by different countries and by the international community in regulating uses of animals. Among the issues covered are the following: - contemporary philosophical thought on the relationship between humans and animals; - recent scientific research relating to cognitive and other abilities of animals; - legal issues relating to factory farming and animal slaughter; - legal protection of animals during transport; - regulatory schemes on animal experimentation; - laws on the use of animals in entertainment; - laws on protection of companion animals; - regulation of trade in endangered species; - international trade issues relating to animals, including consideration of the provisions of GATT and the seminal WTO/GATT decisions in the Tuna/Dolphin, Shrimp/Turtle, Tuna Labeling and EU/Seal Products cases; - constitutional protection for the interests of animals; - intellectual property law issues relating to animals; - efforts to have the legal “personhood” of certain animals judicially recognized; and - what the future may hold for animal law in the global economy. To ensure the consideration of a full range of legal approaches, the laws analyzed come from a wide variety of countries and jurisdictions, including Australia, Austria, Brazil, Canada, the EU, Germany, India, Ireland, New Zealand, Switzerland, the UK, and state and federal laws of the US. Numerous international treaties and conventions relevant to animal treatment and animal law are also covered, including the Berne Convention for the Protection of Literary and Artistic Works, the CITES Convention, the European Convention for the Protection of Animals Kept for Farming Purposes, the European Patent Convention, the GATT Treaty, the TRIPS Agreement and the Universal Copyright Convention. It is not difficult to grasp, given the continuing increases in production, consumption and use of animals and animal products worldwide, that legal initiatives in this often emotional and acrimonious area of law are frequently contentious and hard fought. But this is really just the dawn of animal law, which has only recently become recognized as an important cutting-edge topic, and this area of the law promises to develop rapidly in the future. This book is enormously valuable in contributing to the continuing development and understanding of this law, clearly laying out the contours and boundaries of existing animal laws in our global economy, and allowing legal educators, concerned lawyers and policymakers to teach, formulate proposals, argue cases and defenses, and secure a firm purchase on future trends and developments in animal law.

Peacebuilding in a Fractious World

Author : Richard Penaskovic,Mustafa Sahin
Publisher : Wipf and Stock Publishers
Page : 226 pages
File Size : 41,7 Mb
Release : 2017-10-23
Category : Religion
ISBN : 9781498240291

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Peacebuilding in a Fractious World by Richard Penaskovic,Mustafa Sahin Pdf

In January 2017 Mikhail Gorbachev, former president of the Soviet Union, said that it looks as if the world is preparing for war. And Pope Francis noted that war is already being fought piecemeal around the world. In this book we argue that since violence begets violence, we must privilege soft power over military might, if we are to have peace on earth. Gandhi used soft power in India overcame British military might, and King used it to bring about integration in the 1960s. Soft power brought about the nuclear nonproliferation treaty, the Kyoto climate agreement, and Iran's agreement to refrain from making nuclear weapons. Soft power involves both dialogue between world leaders and conflict resolution, and privileges diplomacy over war. As General James Mattis said in 2013, "If you don't fund the State Department fully, then I need to buy more ammunition."

Constitutional Law in Germany

Author : Gerhard Robbers
Publisher : Kluwer Law International B.V.
Page : 214 pages
File Size : 53,8 Mb
Release : 2024-04-17
Category : Law
ISBN : 9789403510781

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Constitutional Law in Germany by Gerhard Robbers Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Germany provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Germany will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

The Lander and German Federalism

Author : Arthur Gunlicks
Publisher : Manchester University Press
Page : 426 pages
File Size : 42,6 Mb
Release : 2003-11-22
Category : Political Science
ISBN : 071906533X

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The Lander and German Federalism by Arthur Gunlicks Pdf

This book provides a detailed introduction to how the Lander (the 16 states of Germany) function not only within the country itself but also within the wider context of European political affairs. Some knowledge of the role of the Lander is essential to an understanding of the political system as well as of German federalism. This book traces the origin of the Lander. It looks at their place in the constitutional order of the country and the political and administrative system. Their organization and administration are fully covered, as is their financing. Parties and elections in the Lander and the controversial roles of parliaments and deputies are also examined.

The Moral Consequences of Economic Growth

Author : Benjamin M. Friedman
Publisher : Vintage
Page : 594 pages
File Size : 44,9 Mb
Release : 2010-11-03
Category : Business & Economics
ISBN : 9780307773456

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The Moral Consequences of Economic Growth by Benjamin M. Friedman Pdf

From the author of Day of Reckoning, the acclaimed critique of Ronald Reagan’s economic policy (“Every citizen should read it,” said The New York Times): a persuasive, wide-ranging argument that economic growth provides far more than material benefits. In clear-cut prose, Benjamin M. Friedman examines the political and social histories of the large Western democracies–particularly of the United States since the Civil War–to demonstrate the fact that incomes on the rise lead to more open and democratic societies. He explains that growth, rather than simply a high standard of living, is key to effecting political and social liberalization in the third world, and shows that even the wealthiest of nations puts its democratic values at risk when income levels stand still. Merely being rich is no protection against a turn toward rigidity and intolerance when a country’s citizens lose the sense that they are getting ahead. With concrete policy suggestions for pursuing growth at home and promoting worldwide economic expansion, this volume is a major contribution to the ongoing debate about the effects of economic growth and globalization.

The Federal Republic of Germany since 1949

Author : Klaus Larres,Panikos Panayi
Publisher : Routledge
Page : 355 pages
File Size : 47,5 Mb
Release : 2014-08-27
Category : History
ISBN : 9781317891741

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The Federal Republic of Germany since 1949 by Klaus Larres,Panikos Panayi Pdf

Today the problems of reunification seem to feature more often in the international spotlight than the benefits. This timely volume offers a reassessment of Germany's postwar development from its inception through to reunification, including a thorough examination of the implications for economic, political and social policies. The impressive team of contributors include leading names in the history of modern Germany, together with some of the ablest younger scholars in the field. They are: Hartmut Berghoff, David Childs, Immanuel Geiss, Graham Hallett, Klaus Larres, Terry McNeill, Torsten Opelland, Richard Overy, Stephen Padgett, Panikos Panayi, and Mathias Siekmeier.

EU Treaties and the Judicial Politics of National Courts

Author : Pablo José Castillo Ortiz
Publisher : Routledge
Page : 234 pages
File Size : 52,5 Mb
Release : 2015-08-11
Category : Political Science
ISBN : 9781317503781

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EU Treaties and the Judicial Politics of National Courts by Pablo José Castillo Ortiz Pdf

Cases such as the Maastricht ruling by the German Federal Constitutional Court or the 'Crotty; decision by the Irish Supreme Court have gone down in the history of European integration as outstanding examples of intervention by judicial actors in important political processes. In this book, Dr. Castillo Ortiz makes for the first time a comprehensive analysis of all such rulings by national higher courts on European Union treaties issued during their processes of ratification. Using an interdisciplinary Law and Politics approach and a sophisticated methodological strategy, the book describes the political dynamics underlying some of the most relevant judicial episodes in the process of European Integration during the last decades: litigation strategies by Europhile and Eurosceptic actors, relations between the judiciary and the other branches of government, and clashes of power between national courts and the European Court of Justice of the European Union. By offering empirical evidence and by relying on scientific rigor, the book seeks to provide both experts and the general public an accessible account of one of the most salient but least studied aspects of current European law and politics.

Constitutional Democracy in Crisis?

Author : Mark A. Graber,Sanford Levinson,Mark Tushnet
Publisher : Oxford University Press
Page : 352 pages
File Size : 49,9 Mb
Release : 2018-08-23
Category : Law
ISBN : 9780190889005

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Constitutional Democracy in Crisis? by Mark A. Graber,Sanford Levinson,Mark Tushnet Pdf

Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

40 Years of Research on Rent Seeking 2

Author : Roger D. Congleton,Arye L. Hillman,Kai A. Konrad
Publisher : Springer Science & Business Media
Page : 834 pages
File Size : 50,6 Mb
Release : 2008-08-01
Category : Business & Economics
ISBN : 354079185X

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40 Years of Research on Rent Seeking 2 by Roger D. Congleton,Arye L. Hillman,Kai A. Konrad Pdf

The last survey of the rent-seeking literature took place more than a decade ago. Since that time a great deal of new research has been published in a wide variety of journals, covering a wide variety of topics. The scope of that research is such that very few researchers will be familiar with more than a small part of contemporary research, and very few libraries will be able to provide access to the full breadth of that research. This two-volume collection provides an extensive overview of 40 years of rent-seeking research. The volumes include the foundational papers, many of which have not been in print for two decades. They include recent game-theoretic analyses of rent-seeking contests and also appUcations of the rent-seeking concepts and methodology to economic regulation, international trade policy, economic history, poUtical com petition, and other social phenomena. The new collection is more than twice as large as any previous collection and both updates and extends the earUer surveys. Volume I contains previously pubhshed research on the theory of rent-seeking contests, which is an important strand of contemporary game theory. Volume II contains previously published research that uses the theory of rent-seeking to an alyze a broad range of public policy and social science topics. The editors spent more than a year assembling possible papers and, although the selections fill two large volumes, many more papers could have been included.