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Author : Anonim
Publisher : Unknown
Page : 824 pages
File Size : 41,7 Mb
Release : 1996
Category : Electronic
ISBN : UCAL:B4919494
Author : Francis R Doyle
Publisher : Martinus Nijhoff Publishers
Page : 695 pages
File Size : 51,8 Mb
Release : 2022-11-14
Category : Law
ISBN : 9789004531147
Author : Wojciech Sadurski
Publisher : Springer Science & Business Media
Page : 404 pages
File Size : 43,7 Mb
Release : 2005-02-21
Category : Education
ISBN : 1402030061
Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines carefully the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny against the background of a wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. He shows that, in the region of Central and Eastern Europe, their record in protecting constitutional rights has been mixed, and their impact upon the vibrancy of democratic participation and public discourse about controversial issues often negative. Sadurski urges us to reconsider the frequently unthinking enthusiasm for the imposition of judicial limits upon constitutional democracy. In the end, his reflections go to the very heart of the fundamental dilemma of constitutionalism and political theory: how best to find the balance between constitutionalism and democracy? The lively, if imperfect, democracies in Central and Eastern Europe provide a fascinating terrain for raising this question, and testing traditional answers. This innovative, wide-ranging and thought-provoking book will become essential reading for scholars and students alike in the fields of comparative constitutionalism and political theory, particularly for those with an interest in legal and political developments in the postcommunist world
Author : Meera Kaura Patel
Publisher : Universal Law Publishing
Page : 164 pages
File Size : 54,9 Mb
Release : 2011
Category : Citation of legal authorities
ISBN : 817534993X
Author : Cedric Ryngaert
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 51,5 Mb
Release : 2015
Category : Law
ISBN : 9780199688517
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Author : Ole W. Pedersen
Publisher : Cambridge University Press
Page : 255 pages
File Size : 50,5 Mb
Release : 2018-11-08
Category : Law
ISBN : 9781108475242
Presents the first comprehensive reflection on the nature of environmental law scholarship from the perspectives of leading scholars in the field.
Author : Catrina Denvir
Publisher : Cambridge University Press
Page : 281 pages
File Size : 41,6 Mb
Release : 2020-01-09
Category : Computers
ISBN : 9781108475754
Discusses the skills required by future lawyers, and explores innovative and technology-driven approaches to modernising legal education.
Author : George Fisher
Publisher : Stanford University Press
Page : 424 pages
File Size : 42,5 Mb
Release : 2003
Category : Law
ISBN : 0804751358
Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges “victory”; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining’s progress and survived.
Author : Linda K. Kerber
Publisher : Hill and Wang
Page : 432 pages
File Size : 42,9 Mb
Release : 1999-09-01
Category : Law
ISBN : 9781466817241
This pioneering study redefines women's history in the United States by focusing on civic obligations rather than rights. Looking closely at thirty telling cases from the pages of American legal history, Kerber's analysis reaches from the Revolution, when married women did not have the same obligation as their husbands to be "patriots," up to the present, when men and women, regardless of their marital status, still have different obligations to serve in the Armed Forces. An original and compelling consideration of American law and culture, No Constitutional Right to Be Ladies emphasizes the dangers of excluding women from other civic responsibilities as well, such as loyalty oaths and jury duty. Exploring the lives of the plaintiffs, the strategies of the lawyers, and the decisions of the courts, Kerber offers readers a convincing argument for equal treatment under the law.
Author : J. Mark Ramseyer,Frances McCall Rosenbluth
Publisher : Cambridge University Press
Page : 250 pages
File Size : 42,5 Mb
Release : 1995
Category : History
ISBN : 0521636493
This book examines the failure of the Meiji oligarchy to design institutions capable of protecting their hold on power in Japan.
Author : Torbjörn Bergman,Gabriella Ilonszki,Wolfgang C. Müller
Publisher : Oxford University Press, USA
Page : 613 pages
File Size : 40,5 Mb
Release : 2020-01-12
Category : Political Science
ISBN : 9780198844372
Coalition government among different political parties is the way most European democracies are governed. Traditionally, the study of coalition politics has been focused on Western Europe. Coalition governance in Central Eastern Europe brings the study of the full coalition life-cycle to a region that has undergone tremendous political transformation, but which has not been studied from this perspective. The volume covers Bulgaria, Estonia, the Czech Republic, Latvia, Lithuania, Hungary, Poland, Romania, Slovakia, and Slovenia. It provides information and analyses of the coalition life-cycle, from pre-electoral alliances to coalition formation and portfolio distribution, governing in coalitions, the stages that eventually lead to government termination, and the electoral performance of coalition parties. In Central Eastern Europe, few single-party cabinets form and there have been only a few early elections. The evidence provided shows that coalition partners in the region write formal agreements (coalition agreements) to an extent that is similar to the patterns that we find in Western Europe, but also that they adhere less closely to these contracts. While the research on Western Europe tends to stress that coalition partners emphasize coalition compromise and mutual supervision, there is more evidence of 'ministerial government' by individual ministers and their parties. There are also some systems where coalition governance is heavily dominated by the prime minister. No previous study has covered the full coalition life-cycle in all of the ten countries with as much detail. Systematic information is presented in 10 figures and in more than one hundred tables. Comparative Politics is a series for researchers, teachers, and students of political science that deals with contemporary government and politics. Global in scope, books in the series are characterised by a stress on comparative analysis and strong methodological rigour. The series is published in association with the European Consortium for Political Research. For more information visit: www.ecprnet.eu. The series is edited by Emilie van Haute, Professor of Political Science, Universite libre de Bruxelles; Ferdinand Muller-Rommel, Director of the Center for the Study of Democracy, Leuphana University; and Susan Scarrow, John and Rebecca Moores Professor of Political Science, University of Houston.
Author : Michael H. Tonry
Publisher : Oxford University Press, USA
Page : 836 pages
File Size : 46,6 Mb
Release : 2000
Category : Business & Economics
ISBN : 0195140605
Consisting of 28 articles, this comprehensive reference work on the study of crime, examines: its causes, effects, trends, and institutions, current philosophies of punishment and ways of controlling crime.
Author : Ian Brownlie,James Crawford
Publisher : Oxford University Press
Page : 885 pages
File Size : 53,6 Mb
Release : 2012-09-27
Category : Law
ISBN : 9780199654178
Rev. ed. of: Principles of public international law / Ian Brownlie. 7th ed. 2008.
Author : Cynthia L. Cates,Wayne V. McIntosh
Publisher : Georgetown University Press
Page : 264 pages
File Size : 48,5 Mb
Release : 2001-07-31
Category : Political Science
ISBN : 1589013573
From birth certificates and marriage licenses to food safety regulations and speed limits, law shapes nearly every moment of our lives. Ubiquitous and ambivalent, the law is charged with both maintaining social order and protecting individual freedom. In this book, Cynthia L. Cates and Wayne V. McIntosh explore this ambivalence and document the complex relationship between the web of law and everyday life. They consider the forms and functions of the law, charting the American legal structure and judicial process, and explaining key legal roles. They then detail how it influences the development of individual identity and human relationships at every stage of our life cycle, from conception to the grave. The authors also use the word "web" in its technological sense, providing a section at the end of each chapter that directs students to relevant and useful Internet sites. Written for upper-level undergraduate and graduate students in law and society courses, Law and the Web of Society contains original research that also makes it useful to scholars. In daring to ask difficult questions such as "When does life begin?" and "Where does law begin?" this book will stimulate thought and debate even as it presents practical answers.
Author : Aristides N. Hatzis,Nicholas Mercuro
Publisher : Routledge
Page : 374 pages
File Size : 45,8 Mb
Release : 2015-02-11
Category : Business & Economics
ISBN : 9781317550327
The Law and Economics approach to law dominates the intellectual discussion of nearly every doctrinal area of law in the United States and its influence is growing steadily throughout Europe, Asia, and South America. Numerous academics and practitioners are working in the field with a flow of uninterrupted scholarship that is unprecedented, as is its influence on the law. Academically every major law school in the United States has a Law and Economics program and the emergence of similar programs on other continents continues to accelerate. Despite its phenomenal growth, the area is also the target of an ongoing critique by lawyers, philosophers, psychologists, social scientists, even economists since the late 1970s. While the critique did not seem to impede the development of the field, it certainly has helped it to become more sophisticated, inclusive, and mature. In this volume some of the leading scholars working in the field, as well as a number of those critical of Law and Economics, discuss the foundational issues from various perspectives: philosophical, moral, epistemological, methodological, psychological, political, legal, and social. The philosophical and methodological assumptions of the economic analysis of law are criticized and defended, alternatives are proposed, old and new applications are discussed. The book is ideal for a main or supplementary textbook in courses and seminars on legal theory, philosophy of law, jurisprudence, and (of course) Law and Economics.