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Author : Dilek Kurban
Publisher : Cambridge University Press
Page : 411 pages
File Size : 44,8 Mb
Release : 2020-11-12
Category : Law
ISBN : 9781108489324
A rich and gripping account of the challenges of transnational legal mobilization against an authoritarian regime engaged in state violence.
Author : Kemi Fuentes-George
Publisher : MIT Press
Page : 346 pages
File Size : 55,7 Mb
Release : 2016-03-25
Category : Political Science
ISBN : 9780262528764
A study of biodiversity governance analyzes the factors that determine the effectiveness of transnational advocacy networks and the importance of justice claims to conservation. In the late 2000s, ordinary citizens in Jamaica and Mexico demanded that government put a stop to lucrative but environmentally harmful economic development activities—bauxite mining in Jamaica and large-scale tourism and overfishing on the eastern coast of the Yucatán Peninsula. In each case, the catalyst for the campaign was information gathered and disseminated by transnational advocacy networks (TANs) of researchers, academics, and activists. Both campaigns were successful despite opposition from industry supporters. Meanwhile, simultaneous campaigns to manage land in another part of the Yucatán and to conserve migratory birds in Egypt had far less success. In this book, Kemi Fuentes-George uses these four cases to analyze factors that determine the success or failure of efforts by TANs to persuade policymakers and private sector actors in developing countries to change environmental behavior. Fuentes-George argues that in order to influence the design and implementation of policy, TANs must generate a scientific consensus, create social relationships with local actors, and advocate for biodiversity in a way that promotes local environmental justice. Environmentally just policies would allow local populations access to their lands provided they use natural resources sustainably. Justice claims are also more likely to generate needed support among local groups for conservation projects. In their conservation efforts, Jamaica, Mexico, and Egypt were attempting to meet their obligations under the UN Convention on Biological Diversity and other regional agreements. Fuentes-George's innovative analysis shows the importance of local environmental justice for the implementation of international environmental treaties.
Author : Anonim
Publisher : Cambridge University Press
Page : 329 pages
File Size : 53,9 Mb
Release : 2012
Category : Cognition and language
ISBN : 9781107016378
Noam Chomsky is one of the most influential thinkers of our time, yet his views are often misunderstood. In this previously unpublished series of interviews, Chomsky discusses his iconoclastic and important ideas concerning language, human nature and politics. In dialogue with James McGilvray, Professor of Philosophy at McGill University, Chomsky takes up a wide variety of topics - the nature of language, the philosophies of language and mind, morality and universality, science and common sense, and the evolution of language. McGilvray's extensive commentary helps make this incisive set of interviews accessible to a variety of readers. The volume is essential reading for those involved in the study of language and mind, as well as anyone with an interest in Chomsky's ideas.
Author : David Pollard,Neil Parpworth,David Hughes
Publisher : Oxford University Press
Page : 974 pages
File Size : 51,6 Mb
Release : 2007-06-14
Category : Language Arts & Disciplines
ISBN : 9780199286379
The fourth edition of Constitutional and Administrative Law: Text with Materials provides a wealth of essential materials drawn from a wide range of sources and integrated with lively commentary. It enables students to gain a full understanding of public law by explaining the context of its historical development and current political climate.
Author : Oren Gross,Fionnuala Ní Aoláin
Publisher : Cambridge University Press
Page : 48 pages
File Size : 49,9 Mb
Release : 2006-10-30
Category : Political Science
ISBN : 9781139457750
This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.
Author : Olivier De Schutter
Publisher : Cambridge University Press
Page : 1123 pages
File Size : 46,8 Mb
Release : 2014-08-07
Category : Law
ISBN : 9781107063754
This fully updated edition offers coverage of new topics and a more student-friendly design, while retaining the original style and features.
Author : Adam Chilton,Mila Versteeg
Publisher : Oxford University Press, USA
Page : 397 pages
File Size : 45,9 Mb
Release : 2020
Category : Law
ISBN : 9780190871451
Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.
Author : Alec Stone Sweet,Clare Ryan
Publisher : Oxford University Press
Page : 272 pages
File Size : 53,8 Mb
Release : 2018-05-08
Category : Law
ISBN : 9780192559173
In this book, Stone Sweet and Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the ECHR and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.
Author : Rainer Arnold,José Ignacio Martínez-Estay
Publisher : Springer
Page : 446 pages
File Size : 55,6 Mb
Release : 2017-05-16
Category : Law
ISBN : 9783319551869
Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Author : Bart van der Sloot
Publisher : Unknown
Page : 0 pages
File Size : 40,7 Mb
Release : 2017
Category : Big data
ISBN : 178068505X
Privacy as Virtue discusses whether a rights-based approach to privacy regulation still suffices to address the challenges triggered by new data processing techniques, such as Big Data and mass surveillance. A rights-based approach generally grants subjective rights to individuals to protect their personal interests. However, large-scale data processing techniques often transcend the individual and their interests. Virtue ethics is used to reflect on this problem and open up new ways of thinking. A virtuous agent not only respects the rights and interests of others, but also has a broader duty to act in the most careful, just, and temperate way. This applies to citizens, to companies such as Apple, Google, and Facebook, and to governmental organizations that are involved with large scale data processing. The author develops a three-layered model for privacy regulation in the Big Data era. The first layer consists of minimum obligations that are independent of individual interests and rights. Virtuous agents have to respect the procedural pre-conditions for the exercise of power. The second layer echoes the current paradigm, the respect for individual rights and interests. While the third layer is the obligation of aspiration: a virtuous agent designs the data process in such a way that human flourishing, equality, and individual freedom are promoted. (Series: School of Human Rights Research, Vol. 81) Subject: Ethics, Human Rights Law]
Author : Chiara Zilioli
Publisher : Edward Elgar Publishing
Page : 672 pages
File Size : 47,6 Mb
Release : 2021-02-26
Category : Law
ISBN : 9781800373204
This is the first book to offer a profound, practical analysis of the framework for the judicial and pre-judicial protection of rights under the supranational banking supervision and resolution powers in the European Banking Union (EBU). It is also unique in its in-depth commentary on the developing case law from the European Court of Justice in this new field of EU litigation.
Author : Jacob Öberg
Publisher : Bloomsbury Publishing
Page : 251 pages
File Size : 41,6 Mb
Release : 2017-07-27
Category : Law
ISBN : 9781509903375
PRAISE FOR THE BOOK “...essential reading for anyone interested in the existence and exercise of EU powers in the field of criminal law. Öberg's critical examination of the constitutional constraints to EU action also raises many questions that are of great interest in other areas of EU competence. The book deserves a wide readership among scholars interested in the constitutional workings of the European Union.” Samuli Miettinen, University of Helsinki & Tallinn University "The main strength of this book lies in its comprehensiveness of dealing with the topical issue of EU regulatory criminal law from the fascinating perspective of limits to EU powers. Its particular contribution to existing scholarship in the field of EU criminal law concerns its focus on judicial checks on the exercise of competences as to which the book offers a convincing proposal for a stricter standard for judicial review in matters of regulatory criminal law and beyond." Professor Jannemieke Ouwerkerk, Leiden Law School "An excellent read on competence allocation in EU law and what it means in criminal law context. This book guides the reader through very complex questions of the contours of subsidiarity, national competences and the exact limits of EU powers. It also supplies up to date case studies of financial crimes and the need for the EU to act effectively and thereby increase confidence in the market and the challenges it may cause for national systems. A very timely contribution." Ester Herlin Karnell, VU University Amsterdam Pursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law.
Author : Stephen Coutts
Publisher : Bloomsbury Publishing
Page : 275 pages
File Size : 53,9 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781509915354
Over the past 20 years the European Union has been increasingly active in the area of criminal law. Meanwhile, the status of European Union citizenship has been progressively developed and strengthened. Adopting an expressive and communitarian perspective of the criminal law, this book considers EU criminal law in light of EU citizenship with a view to revealing the structure of the EU's political community as expressed in its criminal law. It argues that while national communities remain dominant, through transnational processes certain features of a supranational community can be said to emerge. The book will be of interest to scholars of EU citizenship, EU criminal law and EU law and integration more generally.
Author : Monica Claes,Ellen Vos
Publisher : Bloomsbury Publishing
Page : 183 pages
File Size : 44,8 Mb
Release : 2023-01-12
Category : Law
ISBN : 9781509959716
This book reflects on selected issues of European law in dialogue with leading legal scholar Bruno De Witte, whose work has enlightened generations of students, scholars and practitioners of European law. The volume is designed to mark the impressive academic oeuvre of a great legal mind and true academic whose elegant and insightful writings have decisively contributed to the advancement of the study of European law. The contributions attempt to 'make sense of European Union law' reflecting Bruno's mission as a legal scholar and commenting on some of the themes that he has worked on: constitutional Europe, differentiated Europe, social and educational Europe and minorities Europe. It culminates in reflections on the very nature of Bruno's scholarship and his academic persona. Not only is this book a public recognition and an expression of appreciation for all that Bruno has offered to the European legal community but also an invitation to challenge the way many scholars think of academic careers and their ways to success.
Author : Lisa J. Conant
Publisher : Cornell University Press
Page : 272 pages
File Size : 40,9 Mb
Release : 2018-10-18
Category : Law
ISBN : 9781501722646
In this probing analysis of the European Union's transnational legal system, Lisa Conant explores the interaction between law and politics. In particular, she challenges the widely held view that the European Court of Justice (ECJ) has, through bold judicial activism, brought about profound policy and institutional changes within the EU's member states. She argues convincingly that this court, like its domestic counterparts, depends on the support of powerful organized interests to gain compliance with its rulings. What, Conant asks, are the policy implications of the ECJ's decisions? How are its rulings applied in practice? Drawing on the rich scholarship on the U.S. Supreme Court, Conant depicts the limits that the ECJ and other tribunals have to face. To illuminate these constraints, she traces the impact of ECJ decisions in four instances concerning market competition and national discrimination. She also proposes ways of anticipating which of this court's legal interpretations are likely to inspire major reforms.Justice Contained closes with a comparative analysis of judicial power, identifying the ECJ as an institution with greater similarities to domestic courts than to international organizations. The book advances a deeper understanding both of the court's contributions to European integration and of the political economy of litigation and reform.