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Author :
Publisher :
ISBN 13 : 9788491909750
Total Pages : pages
Book Rating : 4.9/5 (97 download)
Download or read book Constitucionalizando la globalización written by and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Silje A. Langvatn
Publisher : Cambridge University Press
ISBN 13 : 1108487351
Total Pages : 397 pages
Book Rating : 4.1/5 (84 download)
Download or read book Public Reason and Courts written by Silje A. Langvatn and published by Cambridge University Press. This book was released on 2020-06-04 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive study of public reason for courts, with contributions from leading scholars in philosophy, political science and law.
Author : Grant Huscroft
Publisher : Cambridge University Press
ISBN 13 : 1139952870
Total Pages : 433 pages
Book Rating : 4.1/5 (399 download)
Download or read book Proportionality and the Rule of Law written by Grant Huscroft and published by Cambridge University Press. This book was released on 2014-04-21 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.
Author : Julie Dickson
Publisher : OUP Oxford
ISBN 13 : 0191652164
Total Pages : 668 pages
Book Rating : 4.1/5 (916 download)
Download or read book Philosophical Foundations of European Union Law written by Julie Dickson and published by OUP Oxford. This book was released on 2012-10-11 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.
Author : Christine Landfried
Publisher : Cambridge University Press
ISBN 13 : 1316999084
Total Pages : 411 pages
Book Rating : 4.3/5 (169 download)
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Author : Matej Avbelj
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318916
Total Pages : 452 pages
Book Rating : 4.8/5 (473 download)
Download or read book Constitutional Pluralism in the European Union and Beyond written by Matej Avbelj and published by Bloomsbury Publishing. This book was released on 2012-02-29 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.
Author : Takao Suami
Publisher : Cambridge University Press
ISBN 13 : 1108417116
Total Pages : 625 pages
Book Rating : 4.1/5 (84 download)
Download or read book Global Constitutionalism from European and East Asian Perspectives written by Takao Suami and published by Cambridge University Press. This book was released on 2018-11-29 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines and compares East Asian and European perspectives of Global Constitutionalism.
Author : Kolja Raube
Publisher : Campus Verlag
ISBN 13 : 3593395029
Total Pages : 401 pages
Book Rating : 4.5/5 (933 download)
Download or read book Difference and Democracy written by Kolja Raube and published by Campus Verlag. This book was released on 2011-11 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: As Europe becomes increasingly diverse, understanding the effects of differences among citizens within European democracy crucial. The contributors to Difference and Democracy take a novel interdisciplinary approach to this important dimension of social interaction, drawing on political science, sociology, communications studies, legal studies, and art history. Contrary to alarmist accounts of difference in Europe, these essays explore its potentially positive impact, outlining the conditions under which differences could lead to effective and legitimate political action.
Author : Vicki C. Jackson
Publisher : Cambridge University Press
ISBN 13 : 1316738663
Total Pages : 353 pages
Book Rating : 4.3/5 (167 download)
Download or read book Proportionality written by Vicki C. Jackson and published by Cambridge University Press. This book was released on 2017-09-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Contributions from some of the seminal thinkers on the development of scholarship on proportionality (e.g. Alexy, Barak, and Beatty) extend their prior work and engage in an important dialogue on the topic. Some offer substantial critiques, others defend the doctrine and offer important clarifications and extensions of their prior work. Throughout, the authors engage not only with case law from around the world but also with existing scholarly treatments of the subject. Mathematical treatments are avoided, making the book accessible to readers from both 'soft' and hard' social science backgrounds.
Author : Jürgen Neyer
Publisher : OUP Oxford
ISBN 13 : 0199587302
Total Pages : 288 pages
Book Rating : 4.1/5 (995 download)
Download or read book Political Theory of the European Union written by Jürgen Neyer and published by OUP Oxford. This book was released on 2010-11-04 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debate about the theory underpinning the nature, workings, and development of the European (EU) has in many ways been hampered in recent years by an intellectual divergence in the two main ways that the EU is conceptualized. On the one hand is a political science and comparative government oriented strand that sees the EU as a political system in its own right. On the other is the international relations tradition which conceptualizes it as another international organization.Alongside this, the EU itself has developed a significant constitutional dimension. Indeed, the debate surrounding the 'Constitutional Treaty' presented several challenges to our capacity to grasp the normative change of this non-state polity. Despite the eventual contestation of the EU's 'constitutionalturn' through the French and Dutch no-votes and the cumbersome procedure of ratifying the Lisbon Treaty in their aftermath, debates about the EU's constitutional quality have not ceased. In the light of these developments, the editors of this volume, along with their distinguished contributors, have attempted to create a more decisively interdisciplinary theoretical approach to studying the EU within the wider world-political context. The volume brings together scholars in a range ofdisciplines across the social sciences to offer, not a complete theory, but rather a theoretical approach combining different stands of political and legal theory. The book's aim is to inspire further engagement with the central tenets of political authority and world order, sovereignty and constitutionalchange and democracy and justice, in the context of the EU's political development.
Author : Matthias Klatt
Publisher : Oxford University Press
ISBN 13 : 9780199582068
Total Pages : 376 pages
Book Rating : 4.5/5 (82 download)
Download or read book Institutionalized Reason written by Matthias Klatt and published by Oxford University Press. This book was released on 2012-02-23 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a symposium held at New College, Oxford in September 2008.
Author : Luis Miguel Poiares Pessoa Maduro
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315631
Total Pages : 532 pages
Book Rating : 4.8/5 (473 download)
Download or read book The Past and Future of EU Law written by Luis Miguel Poiares Pessoa Maduro and published by Bloomsbury Publishing. This book was released on 2010-02-05 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.
Author : Adam Etinson
Publisher : Oxford University Press
ISBN 13 : 0198713258
Total Pages : 519 pages
Book Rating : 4.1/5 (987 download)
Download or read book Human Rights written by Adam Etinson and published by Oxford University Press. This book was released on 2018 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade or so, philosophical speculation about human rights has tended to fall into two streams. On the one hand, there are "Orthodox" theorists, who think of human rights as natural rights: moral rights that we have simply in virtue of being human. On the other hand, there are"Political" theorists, who think of human rights as rights that play a distinctive role, or set of roles, in modern international politics: setting universal standards of political legitimacy, serving as norms of international concern, and/or imposing limits on the exercise of national sovereignty.This edited volume explores this disagreement, its underlying sources, and related issues in the philosophy of human rights. Using the Orthodox-Political debate as a springboard for broader reflection, the volume covers a diverse range of questions about: the relevance of the history of human rightsto their philosophical comprehension; how to properly understand the relationship between human rights morality and law; how to balance the normative character of human rights - their description of an ideal world - with the requirement that they be feasible in the here and now; the role of humanrights in a world shaped by politics and power; and how to reconcile the individualistic and communitarian aspects of human rights.All chapters are accompanied by useful and probing commentaries, which help to create dialogues throughout the entire volume.
Author : Lina Papadopoulou
Publisher : Nomos/Hart
ISBN 13 : 9781509918218
Total Pages : 304 pages
Book Rating : 4.9/5 (182 download)
Download or read book Legitimacy Issues of the European Union in the Face of Crisis written by Lina Papadopoulou and published by Nomos/Hart. This book was released on 2017-06-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the European Union has been beset by a series of profound crises. Starting with the financial crisis, to the challenge of increased immigration, to the growth of Euroscepticism; the EU is now facing serious questions of its own legitimacy. This collection looks at this basic question. It examines questions of democracy theory, examines why these crises have emerged, and explores the judicial response to them. Having explored the causes and symptoms, it goes on to suggest possible treatments in the form of reform proposals. Closing with a dialogical epilogue by Joseph Weiler, it opens up the debate which will no doubt engage European lawyers for some time to come.
Author : Anthony F. Lang
Publisher : Edward Elgar Publishing
ISBN 13 : 1802200266
Total Pages : 609 pages
Book Rating : 4.8/5 (22 download)
Download or read book Handbook on Global Constitutionalism written by Anthony F. Lang and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoroughly revised Handbook presents an up-to-date political and philosophical history of global constitutionalism. By exploring the constitutional-like qualities of international affairs, it provides key insight into the evolving world order.
Author : Wharton Financial Institutions Center
Publisher :
ISBN 13 : 9780983646969
Total Pages : 192 pages
Book Rating : 4.6/5 (469 download)
Download or read book Political, Fiscal and Banking Union in the Eurozone? written by Wharton Financial Institutions Center and published by . This book was released on 2013-09-06 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: PAPERBACK
Author : Matthias Jestaedt
Publisher : Oxford University Press
ISBN 13 : 0192512102
Total Pages : 405 pages
Book Rating : 4.1/5 (925 download)
Download or read book The German Federal Constitutional Court written by Matthias Jestaedt and published by Oxford University Press. This book was released on 2020-03-05 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.
