The Constitution Of The Kingdom Of The Netherlands 2008

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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.

Handbook on Good Treaty Practice

Author : Jill Barrett
Publisher : Cambridge University Press
ISBN 13 : 1107111900
Total Pages : 533 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Handbook on Good Treaty Practice by : Jill Barrett

Download or read book Handbook on Good Treaty Practice written by Jill Barrett and published by Cambridge University Press. This book was released on 2020-03-12 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aims to provide a useful analytical tool and practical guidance on good treaty practice. It will be of interest to those working with treaties and treaty procedures in governments, international organisations, and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.

The Council of Europe

Author : Stefanie Schmahl
Publisher : Oxford University Press
ISBN 13 : 0191653136
Total Pages : 1057 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Council of Europe by : Stefanie Schmahl

Download or read book The Council of Europe written by Stefanie Schmahl and published by Oxford University Press. This book was released on 2017-03-09 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Council of Europe, of which all European States are members, plays a pivotal role in the promotion and protection of human rights, democracy, and the rule of law in Europe. Bringing together specialist scholars and practitioners, The Council of Europe: Its Laws and Policies offers profound insights into the functioning of the organization. The organization's primary and secondary law, its institutional structure, and its far-reaching fields of activities are comprehensively and systematically analysed. This volume investigates the impact of the Council's activities within the national legal systems of the Member States and the dense web of relationships between the Council of Europe and other international organisations. An important reference work on one of the most influential organizations in Europe, the book concludes that the Council of Europe has played a considerable role in the constitutionalization process of regional public international law.

Duelling for Supremacy

Author : Fulvio Maria Palombino
Publisher : Cambridge University Press
ISBN 13 : 1108475264
Total Pages : 451 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Duelling for Supremacy by : Fulvio Maria Palombino

Download or read book Duelling for Supremacy written by Fulvio Maria Palombino and published by Cambridge University Press. This book was released on 2019-05-16 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses national practices on conflicts between international law and national fundamental principles with a comparative perspective.

Reason and Fairness

Author : Ulrike Müßig
Publisher : BRILL
ISBN 13 : 9004393722
Total Pages : 676 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Reason and Fairness by : Ulrike Müßig

Download or read book Reason and Fairness written by Ulrike Müßig and published by BRILL. This book was released on 2019-07-08 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the ‘rule of law’ in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of ‘fair’ and ‘legal’ with that of ‘legal’ and ‘rational.’ This legal determinability of the judge’s fair attitude amounts to the specific (rational) European idea of justice.

Religion, Citizenship and Democracy

Author : Alexander Unser
Publisher : Springer Nature
ISBN 13 : 3030832775
Total Pages : 274 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Religion, Citizenship and Democracy by : Alexander Unser

Download or read book Religion, Citizenship and Democracy written by Alexander Unser and published by Springer Nature. This book was released on 2022-01-03 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative volume is focused on the impact of religion on the realization of democratic citizenship. The researchers contributing provide empirical evidence on how religion influences attitudes towards citizenship and democracy in different countries. The book also tackles the challenges and opportunities for citizenship education. Experts contributing from sociology, political science, theology, and educational science look at the impact of religious beliefs and practices on democratic attitudes and behavior. Chapters also concern how religion influences the recognition of others as citizens. The text appeals to graduates and researchers in these fields with a secondary market for the general interest reader.

Stating the Sacred

Author : Michael J. Walsh
Publisher : Columbia University Press
ISBN 13 : 0231550391
Total Pages : 112 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Stating the Sacred by : Michael J. Walsh

Download or read book Stating the Sacred written by Michael J. Walsh and published by Columbia University Press. This book was released on 2020-02-25 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: China’s constitution explicitly refers to its sovereign domain as “sacred territory.” Why does an avowedly secular state make such a claim, and what does this suggest about the relations between religion and the nation-state? Focusing primarily on China, Stating the Sacred offers a novel approach to nation-state formation, arguing that its most critical element is how the state sacralizes the nation. Michael J. Walsh explores the religious and political dimensions of Chinese state ideology, making the case that the sacred is a constitutive part of modern China. He examines the structural connection among texts (constitutions, legal codes, national histories), ostensibly universal and normative categories (race, religion, citizenship, freedom, human rights), and territoriality (the integrity of sovereignty and control over resources and people), showing how they are bound together by the sacred. Considering a variety of what he refers to as theopolitical techniques, Walsh argues that nation-states undertake sacralization in order to legitimate the violence of establishing and expanding their sovereignty. Ultimately, territorialization is a form of sacralization, and the foundational role of the sacred makes all nation-states religious states. Stating the Sacred offers new ways of understanding China’s approach to legality, control of the populace, religious freedom, human rights, and the structuring of international relations, and it raises existential questions about the fundamental nature of the nation-state.

The Challenge of Pluralism

Author : J. Christopher Soper
Publisher : Rowman & Littlefield
ISBN 13 : 1442250445
Total Pages : 286 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis The Challenge of Pluralism by : J. Christopher Soper

Download or read book The Challenge of Pluralism written by J. Christopher Soper and published by Rowman & Littlefield. This book was released on 2017-01-31 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a thoroughly revised and expanded edition that now includes France, this essential text offers a rigorous, systematic comparison of church-state relations in six Western nations: the United States, France, England, Germany, the Netherlands, and Australia. As successful and stable political democracies, these countries share a commitment to protecting the religious rights of their citizens. The book demonstrates, however, that each has taken substantially different approaches to resolving basic church-state questions. The authors examine both the historical roots of those differences and more recent conflicts over Islam and other religious minorities, explain how contemporary church-state issues are addressed, and provide a framework for assessing the success of each of the six states in protecting the religious rights of its citizens using a framework based on the ideal of governmental neutrality and evenhandedness toward people of all faiths and of none. Responding to the general confusion about the relationship between church and state in the West, this book offers a much-needed comparative analysis of a topic that is increasingly a source of political conflict. The authors argue that the US conception of church-state separation, with its emphasis on avoiding government establishment of religion, is unique among political democracies and discriminates against religious groups by denying religious organizations access to government services provided to other organizations. The authors persuasively conclude that the United States can learn a great deal from other Western nations in promoting religious neutrality and the free exercise of religion.

Parliaments and the European Court of Human Rights

Author : Alice Donald
Publisher : Oxford University Press
ISBN 13 : 0198734247
Total Pages : 369 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Parliaments and the European Court of Human Rights by : Alice Donald

Download or read book Parliaments and the European Court of Human Rights written by Alice Donald and published by Oxford University Press. This book was released on 2016 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through empirical assessment of the role of the parliaments of the UK, the Netherlands, Germany, Ukraine, and Romania, this book addresses the theme of how engaged parliaments are and should be, in the implementation of judgments of the European Court of Human Rights.

Private food law

Author : Bernd van der Meulen
Publisher : BRILL
ISBN 13 : 9086867308
Total Pages : 435 pages
Book Rating : 4.0/5 (868 download)

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Book Synopsis Private food law by : Bernd van der Meulen

Download or read book Private food law written by Bernd van der Meulen and published by BRILL. This book was released on 2023-09-04 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the turn of the Millennium, world-wide initiatives from the private sector have turned the regulatory environment for food businesses upside down. For the first time in legal literature this book analyses private law initiatives relating to the food chain, often referred to as private (voluntary) standards or schemes. Private standards are used to remedy flaws in legislation, in order to reach higher levels of consumer protection than the ones chosen by the EU legislature and to manage risks and liability beyond the traditional limits of food businesses. We see that litigation is no longer solely framed by legislative requirements, but ever more by private standards such as GlobalGAP, BRC, IFS, SQF and ISO. These private standards incorporate public law requirements thus embedding them in contractual relations and exporting them beyond the jurisdiction of public legislators. Other standards focus on corporate social responsibility or sustainability. This book also addresses how private religious standards such as Kosher and Halal play a role in defining specific markets of growing importance. It is noted that organic standards have found an interesting symbioses with public law. Another development on this topic is that food businesses are inspected more often by private auditors than by public inspectors. Effects in terms of receiving or being denied certification far outweigh public law sanctions. In short private law has changed an entire legal infrastructure for the food sector. It emerges as competing with the public law regulatory infrastructure. This book is of interest to all who concern themselves with food law legislation and litigation and the evolving role of private standards on changing the landscape of food chains and innovation.

Personal Participation in Criminal Proceedings

Author : Serena Quattrocolo
Publisher : Springer
ISBN 13 : 3030011860
Total Pages : 744 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Personal Participation in Criminal Proceedings by : Serena Quattrocolo

Download or read book Personal Participation in Criminal Proceedings written by Serena Quattrocolo and published by Springer. This book was released on 2019-01-21 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.

Procedural Requirements for Administrative Limits to Property Rights

Author : Martina Conticelli
Publisher : Oxford University Press
ISBN 13 : 0192637673
Total Pages : 401 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Procedural Requirements for Administrative Limits to Property Rights by : Martina Conticelli

Download or read book Procedural Requirements for Administrative Limits to Property Rights written by Martina Conticelli and published by Oxford University Press. This book was released on 2022-09-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a comparative survey spanning twelve legal systems and a transnational regime, the fourth volume in this series aims to shed light on the core of administrative activity that exemplifies the 'negative State'. Within the vast field of adjudication, the book addresses one of the most traditional sets of procedures, namely, the exercise of public powers affecting property rights. Following the method adopted in the CoCEAL project, this volume takes the fundamentals of expropriation in a given legal order as its starting point and examines various cases. The main requirements for property rights deprivations and restrictions are presented through national reports and discussed through hypotheticals, while the comparative analysis focuses on procedural propriety and fairness. This book is divided into three parts. The first part introduces the project and the topic. The second part covers the legal systems chosen for this study. The third goes on to present a synchronic comparison across systems, highlighting the relationship between shared and distinctive traits, with a view to the way supranational and international rules increasingly supplement municipal regimes. The concluding chapter discusses the current regime on public regulation of property in contemporary administrative systems.

Democracy, Culture, and Social Change in North Africa

Author : Moha Ennaji
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527512665
Total Pages : 207 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis Democracy, Culture, and Social Change in North Africa by : Moha Ennaji

Download or read book Democracy, Culture, and Social Change in North Africa written by Moha Ennaji and published by Cambridge Scholars Publishing. This book was released on 2023-06-22 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume serves to make sense of the political, cultural, and social change that has occurred in North Africa since the Arab Spring. It includes a number of contributions which address the issue of democracy and cultural identity. The book points to the fact that North Africa needs a workable paradigm for political order, which answers to the economic, social, and cultural challenges and peculiarities of African society in an increasingly globalizing world. This will require that we eschew a ‘one-size-fits-all’ approach. The book, which targets students, academia, and civil society, argues that North Africa’s solutions must be defined and advised by policies which reflect the cultural realities of the society they are intended to serve.

The Fight Against Poverty and the Right to Development

Author : Mads Andenas
Publisher : Springer Nature
ISBN 13 : 3030573249
Total Pages : 417 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis The Fight Against Poverty and the Right to Development by : Mads Andenas

Download or read book The Fight Against Poverty and the Right to Development written by Mads Andenas and published by Springer Nature. This book was released on 2020-12-04 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book conducts a comparative legal study from two analytical points of view. First, it accounts for the legal dimensions of the fight against poverty and the right to development as seen from the perspective of domestic legal law. It examines the domestic legal tools, such as constitutional law, that aim to contribute to the fight against poverty and the right to development. Second, the book accounts for the domestic contributions to the international legal framework and examines cross-cutting themes of the contemporary state-of-play on the fight against poverty more broadly and of the right to development. The book consists of several national and thematic reports, which look at these issues from either a national or a thematic perspective. Its first chapter is a general report, which draws on the national and thematic reports to compare, systematize and question the contemporary features at play within the field of the fight against poverty and the right to development.

Religious Rules, State Law, and Normative Pluralism - A Comparative Overview

Author : Rossella Bottoni
Publisher : Springer
ISBN 13 : 3319283359
Total Pages : 410 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Religious Rules, State Law, and Normative Pluralism - A Comparative Overview by : Rossella Bottoni

Download or read book Religious Rules, State Law, and Normative Pluralism - A Comparative Overview written by Rossella Bottoni and published by Springer. This book was released on 2016-07-07 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.

The Statecraft of Consensus Democracies in a Turbulent World

Author : José Magone
Publisher : Taylor & Francis
ISBN 13 : 131540785X
Total Pages : 365 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis The Statecraft of Consensus Democracies in a Turbulent World by : José Magone

Download or read book The Statecraft of Consensus Democracies in a Turbulent World written by José Magone and published by Taylor & Francis. This book was released on 2016-12-19 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking a multi-dimensional and multi-spatial approach, this book examines the consensus democracies of Austria, Belgium, Luxembourg, the Netherlands and Switzerland over the past 40 years. It examines how these democracies have been transformed by Europeanization and globalization yet are able to maintain political stability.

Applied human rights

Author : Bart Wernaart
Publisher : BRILL
ISBN 13 : 9086869432
Total Pages : 355 pages
Book Rating : 4.0/5 (868 download)

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Book Synopsis Applied human rights by : Bart Wernaart

Download or read book Applied human rights written by Bart Wernaart and published by BRILL. This book was released on 2023-08-14 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do human rights look like when we present them as action-based, bottom-up concepts, and not exclusively as legal items? After all, when we narrow down human rights to a legal concept only, we do not do justice to its meaning. In many professions and branches the idea of human rights is used in jargon, as guiding principles and as a source of inspiration. Human rights make a difference, albeit not necessarily as an enforceable legal concept. This facet of human rights - its practical application beyond lawmakers and lawyers - is deeply underexplored and deserves much more attention. Applied human rights are not per se a matter of lawmaking and enforcement only: it can be part of a mission and vision of companies, it is sometimes at the core of artistic work, it can be a leading principle in social work - especially considering the rights of the child, and it is used as a guiding principle in technological innovation. Human rights are not just for lawyers, but also for managers, engineers, social workers, musicians, local governments, law enforcers, designers and business people. However, and not surprisingly, in each branch the impact and implications of human rights differ. Therefore, it is time for a comprehensive textbook in which the idea of human rights is not exclusively explored as a legal concept, but instead discussed from various applied perspectives. In this book, we explore human rights as an applied concept: as something we do. The chapters are written by an international group of leading experts in a wide range of disciplines and themes, including technology development, social studies, pedagogy, business strategy, public governance, the arts, philosophy and law.