Lawfare Judicial Warfare In Spain

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Lawfare -- Judicial Warfare in Spain

Damia Del Clot
Lawfare Judicial Warfare in Spain Book PDF

Author : Damia Del Clot
Publisher : Unknown
Page : 0 pages
File Size : 45,5 Mb
Release : 2023
Category : Electronic
ISBN : 1789761905

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Lawfare -- Judicial Warfare in Spain by Damia Del Clot Pdf

For centuries, the Spanish state has proved to be an expert system for repressing political dissent and any threat that could jeopardize the maintenance of the status quo. It has done so using all the institutions and all the areas of power that were necessary, for the end has always justified the means. Carles Mundó, Catalan Minister of Justice, 20162017. There is no book in Spain that talks about lawfare. Nor is there a book that deals with the system of judicial repression of political dissidence deployed by the Franco regime. Nor is there a book that denounces the judicial system inherited from the dictatorial regime and that was later embodied in the 1978 Constitution. Lawfare (the combination of law and warfare) thus fills a void to the extent that it penetrates the authoritarian judicial system and highlights the democratic deficits of the Spanish judiciary. The politicization of justice began with the appointment, as president of the Constitutional Court, of a prominent member of the Peoples Party (Partido Popular PP) in 2013. Thereon started a process of judicialization of politics via reform of the Organic Law of the Court Constitutional. The referendums of November 9, 2014 and October 1, 2017 entailed the criminalization of the Catalan independence movement and a drastic reduction in fundamental rights linked to the exercise of political choice. This was confirmed by the judgment handed down by the Supreme Court in 2019, culminating in a lawfare strategy that has led to the criminal conviction of two presidents of the Generalitat Artur Mas and Joaquim Torra and the exile of a third president, Carles Puigdemont. Lawfare is the first book to link in a broad way the thinking of German jurists of the Nazi period to the training of judges in Spain both up to and during the Franco regime, and beyond. Published in collaboration with the Department of International History, London School of Economics

Lawfare — Judicial Warfare in Spain

Damià Del Clot
Lawfare Judicial Warfare in Spain Book PDF

Author : Damià Del Clot
Publisher : Liverpool University Press
Page : 209 pages
File Size : 46,6 Mb
Release : 2023-04-01
Category : Political Science
ISBN : 9781782847809

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Lawfare — Judicial Warfare in Spain by Damià Del Clot Pdf

For centuries, the Spanish state has proved to be an expert system for repressing political dissent and any threat that could jeopardize the maintenance of the status quo. It has done so using all the institutions and all the areas of power that were necessary, for the end has always justified the means. Carles Mundo, Catalan Minister of Justice, 2016-2017. There is no book in Spain that talks about lawfare. Nor is there a book that deals with the system of judicial repression of political dissidence deployed by the Franco regime. Nor is there a book that denounces the judicial system inherited from the dictatorial regime and that was later embodied in the 1978 Constitution. Lawfare (the combination of law and warfare) thus fills a void to the extent that it penetrates the authoritarian judicial system and highlights the democratic deficits of the Spanish judiciary. The politicization of justice began with the appointment, as president of the Constitutional Court, of a prominent member of the Peoples Party (Partido Popular PP) in 2013. Thereon started a process of judicialization of politics via reform of the Organic Law of the Court Constitutional. The referendums of November 9, 2014 and October 1, 2017 entailed the criminalization of the Catalan independence movement and a drastic reduction in fundamental rights linked to the exercise of political choice. This was confirmed by the judgment handed down by the Supreme Court in 2019, culminating in a lawfare strategy that has led to the criminal conviction of two presidents of the Generalitat Artur Mas and Joaquim Torra and the exile of a third president, Carles Puigdemont. Lawfare is the first book to link in a broad way the thinking of German jurists of the Nazi period to the training of judges in Spain both up to and during the Franco regime, and beyond. Published in collaboration with the Department of International History, London School of Economics

Lawfare

Orde F. Kittrie
Lawfare Book PDF

Author : Orde F. Kittrie
Publisher : Oxford University Press
Page : 505 pages
File Size : 48,6 Mb
Release : 2016
Category : Law
ISBN : 9780190263577

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Lawfare by Orde F. Kittrie Pdf

In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.

Lawfare: The Criminalization of Democratic Politics in the Global South

Raul Zaffaroni,Cristina Caamaño,Valeria Vegh Weis
Lawfare The Criminalization of Democratic Politics in the Global South Book PDF

Author : Raul Zaffaroni,Cristina Caamaño,Valeria Vegh Weis
Publisher : BRILL
Page : 163 pages
File Size : 45,8 Mb
Release : 2023-02-27
Category : Social Science
ISBN : 9789004535152

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Lawfare: The Criminalization of Democratic Politics in the Global South by Raul Zaffaroni,Cristina Caamaño,Valeria Vegh Weis Pdf

In The Criminalization of Democratic Politics in the Global South, Zaffaroni, Caamaño and Vegh Weis offer an account of the misuse of the law to criminalize progressive political leaders in Latin America.

Lawfare

Jaume Castan Pinos,Mark Friis Hau
Lawfare Book PDF

Author : Jaume Castan Pinos,Mark Friis Hau
Publisher : Taylor & Francis
Page : 103 pages
File Size : 51,7 Mb
Release : 2022-09-19
Category : Law
ISBN : 9781000799132

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Lawfare by Jaume Castan Pinos,Mark Friis Hau Pdf

This book develops a new conceptualisation of lawfare that recognises the polysemantic nature of the term. Drawing on theoretical developments from legal anthropology, international relations, and social theory, the book scrutinises the multiple dimensions of this phenomenon. It illustrates the multifaceted character of lawfare with a wide range of historical and contemporary cases from across the globe and analyses the implications of actors pursuing political objectives through legal means. This includes the use of lawfare by states as a legal instrument to accomplish geopolitical objectives, domestic lawfare, or the use of legal instruments to undermine internal opposition, and state lawfare used by governments to ‘protect’ the state from internal territorial-secessionist challenges. Finally, the book shows that lawfare is not exclusively a tool for hegemonic actors, as it can also be used by civil society actors that aim to uphold their rights through legal instruments in asymmetric lawfare. This book contributes to new developments in lawfare without shying away from controversy, acknowledging its sometimes-brutal efficacy as well as its potential pitfalls. The book will appeal to scholars and students of law, international relations, political science, anthropology, and sociology.

Catalan Independence and the Crisis of Sovereignty

Óscar García Agustín
Catalan Independence and the Crisis of Sovereignty Book PDF

Author : Óscar García Agustín
Publisher : Springer Nature
Page : 260 pages
File Size : 40,5 Mb
Release : 2020-12-14
Category : Political Science
ISBN : 9783030548674

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Catalan Independence and the Crisis of Sovereignty by Óscar García Agustín Pdf

This book explores the conflict between the Catalan project to become independent and the Spanish state’s opposition to any attempt of secessionism. The volume addresses some of the key political and academic issues of contemporary European societies: nationalism, separatism and sovereignty. The banned referendum in Catalonia in October 2017 unveiled the existence of multiple crises, from territorial to economic and political. Indeed, the Catalan issue is about the crisis of sovereignty: who holds legitimacy to make decisions, and who is in power legally and politically? The book is structured according to three themes: sovereignty and its people, where the realignment to independence, populism and the definition of the demos are discussed; collective identities and actions, to account for the shaping of ‘us’, the importance of collective memory and the cross-alliances forged during the referendum; and internationalization, focusing on Europeanisation, international media and comparative constitutional perspectives.

State-Building as Lawfare

Egor Lazarev
State Building as Lawfare Book PDF

Author : Egor Lazarev
Publisher : Cambridge University Press
Page : 347 pages
File Size : 52,7 Mb
Release : 2023-01-31
Category : Political Science
ISBN : 9781009245937

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State-Building as Lawfare by Egor Lazarev Pdf

State-Building as Lawfare explores the use of state and non-state legal systems by both politicians and ordinary people in postwar Chechnya. The book addresses two interrelated puzzles: why do local rulers tolerate and even promote non-state legal systems at the expense of state law, and why do some members of repressed ethnic minorities choose to resolve their everyday disputes using state legal systems instead of non-state alternatives? The book documents how the rulers of Chechnya promote and reinvent customary law and Sharia in order to borrow legitimacy from tradition and religion, increase autonomy from the metropole, and accommodate communal authorities and former rebels. At the same time, the book shows how prolonged armed conflict disrupted the traditional social hierarchies and pushed some Chechen women to use state law, spurring state formation from below.

Presidents of War

Michael Beschloss
Presidents of War Book PDF

Author : Michael Beschloss
Publisher : Crown
Page : 754 pages
File Size : 49,7 Mb
Release : 2019-10-22
Category : History
ISBN : 9780307409614

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Presidents of War by Michael Beschloss Pdf

NEW YORK TIMES BESTSELLER • From a preeminent presidential historian comes a “superb and important” (The New York Times Book Review) saga of America’s wartime chief executives “Fascinating and heartbreaking . . . timely . . . Beschloss’s broad scope lets you draw important crosscutting lessons about presidential leadership.”—Bill Gates Widely acclaimed and ten years in the making, Michael Beschloss’s Presidents of War is an intimate and irresistibly readable chronicle of the Chief Executives who took the United States into conflict and mobilized it for victory. From the War of 1812 to Vietnam, we see these leaders considering the difficult decision to send hundreds of thousands of Americans to their deaths; struggling with Congress, the courts, the press, and antiwar protesters; seeking comfort from their spouses and friends; and dropping to their knees in prayer. Through Beschloss’s interviews with surviving participants and findings in original letters and once-classified national security documents, we come to understand how these Presidents were able to withstand the pressures of war—or were broken by them. Presidents of War combines this sense of immediacy with the overarching context of two centuries of American history, traveling from the time of our Founders, who tried to constrain presidential power, to our modern day, when a single leader has the potential to launch nuclear weapons that can destroy much of the human race. Praise for Presidents of War "A marvelous narrative. . . . As Beschloss explains, the greatest wartime presidents successfully leaven military action with moral concerns. . . . Beschloss’s writing is clean and concise, and he admirably draws upon new documents. Some of the more titillating tidbits in the book are in the footnotes. . . . There are fascinating nuggets on virtually every page of Presidents of War. It is a superb and important book, superbly rendered.”—Jay Winik, The New York Times Book Review "Sparkle and bite. . . . Valuable and engrossing study of how our chief executives have discharged the most significant of all their duties. . . . Excellent. . . . A fluent narrative that covers two centuries of national conflict.” —Richard Snow, The Wall Street Journal

Genocide, Mass Atrocity, and War Crimes in Modern History

James Larry Taulbee
Genocide Mass Atrocity and War Crimes in Modern History Book PDF

Author : James Larry Taulbee
Publisher : Bloomsbury Publishing USA
Page : 435 pages
File Size : 50,6 Mb
Release : 2017-02-06
Category : Political Science
ISBN : 9798216089278

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Genocide, Mass Atrocity, and War Crimes in Modern History by James Larry Taulbee Pdf

Defining "genocide" as an international crime, this two-volume set provides a comparative study of historical cases of genocide and mass atrocity—clearly identifying the factors that produced the attitudes and behaviors that led to them—discusses the reasons for rules in war, and examines how the five principles laid out in the Geneva Conventions and other international agreements have functioned in modern warfare. Written by an expert on international politics and law, Genocide, Mass Atrocity, and War Crimes in Modern History: Blood and Conscience is an easy-to-understand resource that explains why genocides and other atrocities occur, why humanity saw the need to create rules that apply during war, and how culture, rules about war, and the nature of war intersect. The first volume addresses the history and development of the normative regime(s) that define genocide and mass atrocity. Through a comparative study of historical cases that pay particular attention to the factors involved in producing the attitudes and behaviors that led to the incidents of mass slaughter and mistreatment, the author identifies the reasons that genocides and mass atrocities in the 20th century were largely ignored until the early 1990s and why even starting then, responses were inconsistent. The second book discusses why rules in war exist, which factors may lead to the adoption of rules, what defines a war "crime," and how the five fundamental principles laid out in the Geneva Conventions and other international agreements have actually functioned in modern warfare. It also poses—and answers—the interesting question of why we should obey rules when our opponents do not. The final chapter examines what actions could serve to identify future situations in which mass atrocities may occur and identifies the problems of timely humanitarian intervention in international affairs.

Israeli Statecraft

Yehezkel Dror
Israeli Statecraft Book PDF

Author : Yehezkel Dror
Publisher : Routledge
Page : 257 pages
File Size : 55,8 Mb
Release : 2011-05-10
Category : History
ISBN : 9781136706387

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Israeli Statecraft by Yehezkel Dror Pdf

"This book provides a comprehensive study of Israeli statecraft, using an interdisciplinary framework to enable an in-depth understanding of its characteristics, challenges, and responses"--

Soft War

Michael L. Gross,Tamar Meisels
Soft War Book PDF

Author : Michael L. Gross,Tamar Meisels
Publisher : Cambridge University Press
Page : 285 pages
File Size : 50,7 Mb
Release : 2017-06-09
Category : Political Science
ISBN : 9781107132245

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Soft War by Michael L. Gross,Tamar Meisels Pdf

This collection focuses on non-kinetic warfare, including cyber, media, and economic warfare, as well as non-violent resistance, 'lawfare', and hostage-taking.

Law and War

Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey
Law and War Book PDF

Author : Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey
Publisher : Stanford University Press
Page : 249 pages
File Size : 44,7 Mb
Release : 2014-01-08
Category : Law
ISBN : 9780804788861

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Law and War by Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey Pdf

Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war—a connection that has long vexed the jurisprudential imagination. Historically the term "war crime" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn. In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?

The Law of Armed Conflict

Gary D. Solis
The Law of Armed Conflict Book PDF

Author : Gary D. Solis
Publisher : Cambridge University Press
Page : 779 pages
File Size : 48,6 Mb
Release : 2021-10-21
Category : History
ISBN : 9781108831635

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The Law of Armed Conflict by Gary D. Solis Pdf

This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.

Constitutional Democracy in Crisis?

Mark A. Graber,Sanford Levinson,Mark Tushnet
Constitutional Democracy in Crisis Book PDF

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."

The Cambridge Companion to International Law

James Crawford,Martti Koskenniemi,Surabhi Ranganathan
The Cambridge Companion to International Law Book PDF

Author : James Crawford,Martti Koskenniemi,Surabhi Ranganathan
Publisher : Cambridge University Press
Page : 485 pages
File Size : 42,8 Mb
Release : 2012-01-26
Category : Law
ISBN : 9780521190886

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The Cambridge Companion to International Law by James Crawford,Martti Koskenniemi,Surabhi Ranganathan Pdf

A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.