Annales Droit Constitutionnel 2008

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Canadian Federalism and Its Future

Author : Alain-G. Gagnon
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0228002524
Total Pages : 324 pages
Book Rating : 4.2/5 (28 download)

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Book Synopsis Canadian Federalism and Its Future by : Alain-G. Gagnon

Download or read book Canadian Federalism and Its Future written by Alain-G. Gagnon and published by McGill-Queen's Press - MQUP. This book was released on 2020-09-23 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The time is ripe to revisit Canada's past and redress its historical wrongs. Yet in our urgency to imagine roads to reconciliation with Indigenous peoples, it is important to keep in sight the many other forms of diversity that Canadian federalism has historically been designed to accommodate or could also reflect more effectively. Canadian Federalism and Its Future brings together international experts to assess four fundamental institutions: bicameralism, the judiciary as arbiter of the federal deal, the electoral system and party politics, and intergovernmental relations. The contributors use comparative and critical lenses to appraise the repercussions of these four dimensions of Canadian federalism on key actors, including member states, constitutive units, internal nations, Indigenous peoples, and linguistic minorities. Pursuing the work of The Constitutions That Shaped Us (2015) and The Quebec Conference of 1864 (2018), this third volume is a testimony to Canada's successes and failures in constitutional design. Reflecting on the cultural pluralism inherent in this country, Canadian Federalism and Its Future offers thought-provoking lessons for a world in search of concrete institutional solutions, within and beyond the traditional nation-state.

Engineering Constitutional Change

Author : Xenophōn I. Kontiadēs
Publisher : Routledge
ISBN 13 : 041552976X
Total Pages : 490 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis Engineering Constitutional Change by : Xenophōn I. Kontiadēs

Download or read book Engineering Constitutional Change written by Xenophōn I. Kontiadēs and published by Routledge. This book was released on 2013 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.

Annales de la Faculté de droit d'Istanbul

Author :
Publisher :
ISBN 13 :
Total Pages : 372 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Annales de la Faculté de droit d'Istanbul by :

Download or read book Annales de la Faculté de droit d'Istanbul written by and published by . This book was released on 2008 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Negotiating the Power of the People

Author : Lucia Rubinelli
Publisher : Cambridge University Press
ISBN 13 : 110848543X
Total Pages : 279 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Negotiating the Power of the People by : Lucia Rubinelli

Download or read book Negotiating the Power of the People written by Lucia Rubinelli and published by Cambridge University Press. This book was released on 2020-05-21 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the history of the idea of constituent power over five key events, from the French Revolution to the present.

Legitimate expectations in Luxembourg tax law

Author : Fatima Chaouche
Publisher : Éditions Larcier
ISBN 13 : 280791666X
Total Pages : 489 pages
Book Rating : 4.8/5 (79 download)

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Book Synopsis Legitimate expectations in Luxembourg tax law by : Fatima Chaouche

Download or read book Legitimate expectations in Luxembourg tax law written by Fatima Chaouche and published by Éditions Larcier. This book was released on 2019-06-25 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the result of a 4-year research project conducted at the Faculty of Law of the University of Luxembourg. It explores the legal value and enforceability of tax circulars and tax rulings in Luxembourg domestic law in light of the principle of legitimate expectations and related principles. After studying the historical roots of both interpretative acts, this research questions the level of protection taxpayers enjoy when relying on circulars and tax rulings and contains a review of decades of administrative case-law to assess the judicial discourse on taxpayers’ rights to certainty. This book further investigates the case of circulars and tax rulings that contain interpretations of tax laws that are contrary to the law (contra legem) and builds upon the existing normative framework to introduce proposals addressing issues of uncertainty and inequality taxpayers are likely to suffer when relying on such interpretative acts. Prix Pierre Pescatore de la Faculté de Droit de Luxembourg (École doctorale de droit).

Should Trees Have Standing?

Author : Christopher D. Stone
Publisher : Oxford University Press
ISBN 13 : 0199774242
Total Pages : 265 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Should Trees Have Standing? by : Christopher D. Stone

Download or read book Should Trees Have Standing? written by Christopher D. Stone and published by Oxford University Press. This book was released on 2010-04-07 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events--and related topics such as climate change and protecting the oceans--providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.

Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 23 (2019)

Author : ITLOS
Publisher : BRILL
ISBN 13 : 9004443312
Total Pages : 653 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 23 (2019) by : ITLOS

Download or read book Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 23 (2019) written by ITLOS and published by BRILL. This book was released on 2020-10-12 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook provides information on the composition, jurisdiction, procedure and organization of the Tribunal and about its judicial activities in 2019. L'Annuaire fournit au public des informations sur la composition, la compétence, la procédure et l’organisation du Tribunal ainsi que sur les activités judiciaires menées par celui-ci en 2019.

Dual Nationality in the European Union

Author : Olivier Vonk
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004227210
Total Pages : 380 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Dual Nationality in the European Union by : Olivier Vonk

Download or read book Dual Nationality in the European Union written by Olivier Vonk and published by Martinus Nijhoff Publishers. This book was released on 2012-03-19 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the phenomenon of dual nationality in the European Union, particularly against the background of the status of European citizenship – a status that is linked to the nationality of each EU Member State. While the first part sets out the approach towards (dual) nationality in Public and Private International Law as well as in EU Law, the second part consists of an overview of the dual nationality regimes in France, Italy, the Netherlands and Spain. The book shows that the autonomy of Member States in the field of nationality law is becoming increasingly problematic for the EU, and the author takes the position that there is arguably a need for the (minimum) harmonization of European nationality laws.

Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 20 (2016)

Author : ITLOS
Publisher : BRILL
ISBN 13 : 900436529X
Total Pages : 529 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 20 (2016) by : ITLOS

Download or read book Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 20 (2016) written by ITLOS and published by BRILL. This book was released on 2022-08-15 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook provides information on the composition, jurisdiction, procedure and organization of the Tribunal and about its activities in 2016. L'Annuaire fournit au public des informations sur la composition, la compétence, la procédure et l’organisation du Tribunal ainsi que sur les activités menées par le Tribunal en 2016.

Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 21 (2017)

Author : ITLOS
Publisher : BRILL
ISBN 13 : 9004388206
Total Pages : 595 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 21 (2017) by : ITLOS

Download or read book Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 21 (2017) written by ITLOS and published by BRILL. This book was released on 2021-05-25 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook provides information on the composition, jurisdiction, procedure and organization of the Tribunal and about its judicial activities in 2017. L'Annuaire fournit au public des informations sur la composition, la compétence, la procédure et l’organisation du Tribunal ainsi que sur les activités judiciaires menées par celui-ci en 2017.

Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 22 (2018)

Author : ITLOS
Publisher : BRILL
ISBN 13 : 9004419527
Total Pages : 551 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 22 (2018) by : ITLOS

Download or read book Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 22 (2018) written by ITLOS and published by BRILL. This book was released on 2019-12-16 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ITLOS Yearbook 2018 provides information on the composition, jurisdiction, procedure and organization of the Tribunal and reports on its judicial activities in 2018, in particular concerning Case No. 25. The Yearbook is prepared by the Registry of the Tribunal. Le TIDM Annuaire 2018 fournit des informations essentielles concernant la composition, la compétence, la procédure et l’organisation du Tribunal. Il donne également un aperçu des activités judiciaires du Tribunal au cours de l’année 2018, en particulier en ce qui concerne l’affaire no. 25. L’Annuaire est rédigé par le Greffe du Tribunal.

Constitutionalism, Legitimacy, and Power

Author : Kelly L Grotke
Publisher : OUP Oxford
ISBN 13 : 0191034703
Total Pages : 449 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Constitutionalism, Legitimacy, and Power by : Kelly L Grotke

Download or read book Constitutionalism, Legitimacy, and Power written by Kelly L Grotke and published by OUP Oxford. This book was released on 2014-09-25 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: If one counts the production of constitutional documents alone, the nineteenth century can lay claim to being a 'constitutional age'; one in which the generation and reception of constitutional texts served as a centre of gravity around which law and politics consistently revolved. This volume critically re-examines the role of constitutionalism in that period, in order to counter established teleological narratives that imply a consistent development from absolutism towards inclusive, participatory democracy. Various aspects of constitutional histories within and outside of Europe are examined from a comparative, transnational, and multidisciplinary historical perspective, organized around five key themes. The first part looks at constitutions as anti-revolutionary devices, and addresses state building, monarchical constitutionalism, and restorations. The second part takes up constitutions and the justification of new social inequalities, focusing on women's suffrage, human rights, and property. The third part uses individual country studies to take on questions of how constitutions served to promote nationalism. The use of constitutions as instruments of imperialism is covered in the fourth part, and the final part examines the ways that constitutions function simultaneously as legal and political texts. These themes reflect a certain scepticism regarding any easy relationship between stated constitutional ideals and enacted constitutional practices. Taken together, they also function as a general working hypothesis about the role of constitutions in the establishment and maintenance of a domestically and internationally imbalanced status quo, of which we are the present-day inheritors. More particularly, this volume addresses the question of the extent to which nineteenth-century constitutionalism may have set the stage for new forms of domination and discrimination, rather than inaugurating a period of 'progress' and increasing equality.

The French Republic

Author : Edward G. Berenson
Publisher : Cornell University Press
ISBN 13 : 080146112X
Total Pages : 389 pages
Book Rating : 4.8/5 (14 download)

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Book Synopsis The French Republic by : Edward G. Berenson

Download or read book The French Republic written by Edward G. Berenson and published by Cornell University Press. This book was released on 2011-10-15 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this invaluable reference work, the world’s foremost authorities on France’s political, social, cultural, and intellectual history explore the history and meaning of the French Republic and the challenges it has faced. Founded in 1792, the French Republic has been defined and redefined by a succession of regimes and institutions, a multiplicity of symbols, and a plurality of meanings, ideas, and values. Although constantly in flux, the Republic has nonetheless produced a set of core ideals and practices fundamental to modern France's political culture and democratic life. Based on the influential Dictionnaire critique de la république, published in France in 2002, The French Republic provides an encyclopedic survey of French republicanism since the Enlightenment. Divided into three sections—Time and History, Principles and Values, and Dilemmas and Debates—The French Republic begins by examining each of France’s five Republics and its two authoritarian interludes, the Second Empire and Vichy. It then offers thematic essays on such topics as Liberty, Equality, and Fraternity; laicity; citizenship; the press; immigration; decolonization; anti-Semitism; gender; the family; cultural policy; and the Muslim headscarf debates. Each essay includes a brief guide to further reading. This volume features updated translations of some of the most important essays from the French edition, as well as twenty-two newly commissioned English-language essays, for a total of forty entries. Taken together, they provide a state-of-the art appraisal of French republicanism and its role in shaping contemporary France’s public and private life.

Memory and Punishment

Author : Emanuela Fronza
Publisher : Springer
ISBN 13 : 9462652341
Total Pages : 246 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Memory and Punishment by : Emanuela Fronza

Download or read book Memory and Punishment written by Emanuela Fronza and published by Springer. This book was released on 2018-02-27 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).

Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 18 (2014)

Author : ITLOS
Publisher : BRILL
ISBN 13 : 9004532242
Total Pages : 541 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 18 (2014) by : ITLOS

Download or read book Yearbook International Tribunal for the Law of the Sea / Annuaire Tribunal international du droit de la mer, Volume 18 (2014) written by ITLOS and published by BRILL. This book was released on 2022-08-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Tribunal for the Law of the Sea is an autonomous judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is open to States Parties to the Convention. It is also open to entities other than States Parties (States and international organizations non-parties to the Convention and natural or juridical persons) in cases provided for in the Convention or other agreements conferring jurisdiction on the Tribunal. The Yearbook - Annuaire will give lawyers and the general public access to information about the jurisdiction, procedure and organization of the Tribunal and also about its composition and activities in 2014. The Yearbook is prepared by the Registry of the Tribunal. Until 2007, it was published in two separate volumes, English (Yearbook) and French (Annuaire). Since 2008, the Yearbook - Annuaire is published as a bilingual volume. Le Tribunal international du droit de la mer est un organe judiciaire indépendant, créé par la Convention des Nations Unies sur le droit de la mer, pour connaître des différends relatifs à l’interprétation et l’application de la Convention. Le Tribunal est ouvert aux Etats Parties à la Convention. Il est également ouvert à des entités autres que les Etats Parties (Etats et organisations internationales non parties à la Convention et personnes physiques et morales) dans les cas prévus par la Convention ou par d’autres accords conférant compétence au Tribunal. Le Yearbook - Annuaire met à la disposition des juristes et du public dans son ensemble les informations essentielles concernant la compétence, la procédure et l’organisation du Tribunal, ainsi que la composition et les activités de celui-ci au cours de l’année 2014. L’Annuaire est rédigé par le Greffe du Tribunal. Jusqu’à l’année 2007, il était publié sous la forme de deux volumes séparés, en anglais (Yearbook) et en français (Annuaire). Depuis 2008, le Yearbook - Annuaire est publié sous la forme d’un volume bilingue.

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

Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Unconstitutional Constitutional Amendments

Author : Yaniv Roznai
Publisher : Oxford University Press
ISBN 13 : 0198768796
Total Pages : 369 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Unconstitutional Constitutional Amendments by : Yaniv Roznai

Download or read book Unconstitutional Constitutional Amendments written by Yaniv Roznai and published by Oxford University Press. This book was released on 2017 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.