The Contribution Of International And Supranational Courts To The Rule Of Law

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The Contribution of International and Supranational Courts to the Rule of Law

Author : Geert De Baere
Publisher : Edward Elgar Publishing
ISBN 13 : 1783476621
Total Pages : 413 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis The Contribution of International and Supranational Courts to the Rule of Law by : Geert De Baere

Download or read book The Contribution of International and Supranational Courts to the Rule of Law written by Geert De Baere and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels. With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies. In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.

Shaping Rule of Law Through Dialogue

Author : Filippo Fontanelli
Publisher : ISBS
ISBN 13 : 9789089520579
Total Pages : 448 pages
Book Rating : 4.5/5 (25 download)

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Book Synopsis Shaping Rule of Law Through Dialogue by : Filippo Fontanelli

Download or read book Shaping Rule of Law Through Dialogue written by Filippo Fontanelli and published by ISBS. This book was released on 2010 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: the role of the judges in the international legal order." --Book Jacket.

Rule of Law at the Beginning of the Twenty-first Century

Author : Martin Belov
Publisher :
ISBN 13 : 9789462368583
Total Pages : 346 pages
Book Rating : 4.3/5 (685 download)

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Book Synopsis Rule of Law at the Beginning of the Twenty-first Century by : Martin Belov

Download or read book Rule of Law at the Beginning of the Twenty-first Century written by Martin Belov and published by . This book was released on 2018 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collaborative effort of 22 authors, striving to provide a multi-discursive analysis of the structural challenges to rule of law at the beginning of the twenty-first century. It proposes critical assessment of the adjustment of rule of law to the shifts and changes in the socio-legal context and in the institutional design on all levels of socio-legal relations - national, international and supranational - as well as in many spheres of the social life. Rule of Law at the Beginning of the Twenty-First Centuryputs forward a discussion on the capability of rule of law to cope with globalization, information revolution, financial capitalism, migration, social and political (dis)integration, terrorism, transnational corporate criminality, multilevel and supranational governance and constitutional pluralism. The book commences with deliberation on the conceptual, theoretical and normative features of rule of law. The aim is to advance discussion on the relationship between rule of law and other constitutional principles such as sovereignty, democracy, welfare state, subsidiarity and solidarity. Special emphasis is put on the role of the courts as well as on the investment arbitration for promotion or hindering of rule of law. Rule of law infringements are analyzed in comparative legal and socio-legal perspective in the light of the democratic backsliding hypothesis. Last but not least, the impact of migration on democracy, welfare state, solidarity and security as basic preconditions for well-established constitutional order based on rule of law is thoroughly researched.

Courts, Politics and Constitutional Law

Author : Martin Belov
Publisher : Routledge
ISBN 13 : 1000707970
Total Pages : 201 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov

Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

the rule of law in world affairs

Author : william o. douglas
Publisher :
ISBN 13 :
Total Pages : 36 pages
Book Rating : 4./5 ( download)

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Book Synopsis the rule of law in world affairs by : william o. douglas

Download or read book the rule of law in world affairs written by william o. douglas and published by . This book was released on 1961 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Defending Checks and Balances in EU Member States

Author : Armin von Bogdandy
Publisher : Springer Nature
ISBN 13 : 366262317X
Total Pages : 478 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Defending Checks and Balances in EU Member States by : Armin von Bogdandy

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

Rule of Law, Human Rights and Judicial Control of Power

Author : Rainer Arnold
Publisher : Springer
ISBN 13 : 3319551868
Total Pages : 444 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Rule of Law, Human Rights and Judicial Control of Power by : Rainer Arnold

Download or read book Rule of Law, Human Rights and Judicial Control of Power written by Rainer Arnold and published by Springer. This book was released on 2017-05-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Courts and Judicial Activism under Crisis Conditions

Author : Martin Belov
Publisher : Routledge
ISBN 13 : 1000436411
Total Pages : 319 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Courts and Judicial Activism under Crisis Conditions by : Martin Belov

Download or read book Courts and Judicial Activism under Crisis Conditions written by Martin Belov and published by Routledge. This book was released on 2021-09-22 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.

National Courts and the International Rule of Law

Author : Andre Nollkaemper
Publisher : OUP Oxford
ISBN 13 : 0199236674
Total Pages : 384 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis National Courts and the International Rule of Law by : Andre Nollkaemper

Download or read book National Courts and the International Rule of Law written by Andre Nollkaemper and published by OUP Oxford. This book was released on 2011-02-24 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how domestic courts contribute to the maintenance of the rule of international law by providing judicial control over the exercises of public powers that may conflict with international law, focusing mainly on judicial control of exercise of public powers by states.

Rule of Law Dynamics

Author : Michael Zurn
Publisher : Cambridge University Press
ISBN 13 : 1139510975
Total Pages : 401 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Rule of Law Dynamics by : Michael Zurn

Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

Limits of Supranational Justice

Author : Dilek Kurban
Publisher : Cambridge University Press
ISBN 13 : 110848932X
Total Pages : 411 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Limits of Supranational Justice by : Dilek Kurban

Download or read book Limits of Supranational Justice written by Dilek Kurban and published by Cambridge University Press. This book was released on 2020-11-12 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rich and gripping account of the challenges of transnational legal mobilization against an authoritarian regime engaged in state violence.

Global Governance and the Emergence of Global Institutions for the 21st Century

Author : Augusto Lopez-Claros
Publisher : Cambridge University Press
ISBN 13 : 1108476961
Total Pages : 561 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Global Governance and the Emergence of Global Institutions for the 21st Century by : Augusto Lopez-Claros

Download or read book Global Governance and the Emergence of Global Institutions for the 21st Century written by Augusto Lopez-Claros and published by Cambridge University Press. This book was released on 2020-01-23 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.

Law for Computer Scientists and Other Folk

Author : Mireille Hildebrandt
Publisher : Oxford University Press
ISBN 13 : 0198860870
Total Pages : 341 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Law for Computer Scientists and Other Folk by : Mireille Hildebrandt

Download or read book Law for Computer Scientists and Other Folk written by Mireille Hildebrandt and published by Oxford University Press. This book was released on 2020 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces law to computer scientists and other folk. Computer scientists develop, protect, and maintain computing systems in the broad sense of that term, whether hardware (a smartphone, a driverless car, a smart energy meter, a laptop, or a server), software (a program, an application programming interface or API, a module, code), or data (captured via cookies, sensors, APIs, or manual input). Computer scientists may be focused on security (e.g. cryptography), or on embedded systems (e.g. the Internet of Things), or on data science (e.g. machine learning). They may be closer to mathematicians or to electrical or electronic engineers, or they may work on the cusp of hardware and software, mathematical proofs and empirical testing. This book conveys the internal logic of legal practice, offering a hands-on introduction to the relevant domains of law, while firmly grounded in legal theory. It bridges the gap between two scientific practices, by presenting a coherent picture of the grammar and vocabulary of law and the rule of law, geared to those with no wish to become lawyers but nevertheless required to consider the salience of legal rights and obligations. Simultaneously, this book will help lawyers to review their own trade. It is a volume on law in an onlife world, presenting a grounded argument of what law does (speech act theory), how it emerged in the context of printed text (philosophy of technology), and how it confronts its new, data-driven environment. Book jacket.

Reinforcing Rule of Law Oversight in the European Union

Author : Carlos Closa
Publisher : Cambridge University Press
ISBN 13 : 1107108888
Total Pages : 357 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Reinforcing Rule of Law Oversight in the European Union by : Carlos Closa

Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

The International Law of the Sea

Author : Yoshifumi Tanaka
Publisher : Cambridge University Press
ISBN 13 : 110842421X
Total Pages : 641 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The International Law of the Sea by : Yoshifumi Tanaka

Download or read book The International Law of the Sea written by Yoshifumi Tanaka and published by Cambridge University Press. This book was released on 2019-08-15 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides comprehensive coverage of basic and contemporary issues of the law of the sea in a systematic manner.

Community Interests Across International Law

Author : Eyal Benvenisti
Publisher : Oxford University Press
ISBN 13 : 0198825218
Total Pages : 545 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Community Interests Across International Law by : Eyal Benvenisti

Download or read book Community Interests Across International Law written by Eyal Benvenisti and published by Oxford University Press. This book was released on 2018 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent are states expected to take into account the interests of others when conducting relations with other states? This is thequestion examined by this book as it considers the various manifestations of what has been described as community interests in areas regulated by international law.

The European Union and International Dispute Settlement

Author : Marise Cremona
Publisher : Bloomsbury Publishing
ISBN 13 : 1509903240
Total Pages : 315 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The European Union and International Dispute Settlement by : Marise Cremona

Download or read book The European Union and International Dispute Settlement written by Marise Cremona and published by Bloomsbury Publishing. This book was released on 2017-09-07 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph explores the connections between the European Union and international dispute settlement. It highlights the legal challenges faced by the principal players in the field: namely the EU as a political actor and the Court of Justice of the EU as an international and domestic judiciary. In addition, it places the subject in its broader context of international dispute settlement, and the participation of the EU and its Member States in international disputes. It focuses on horizontal and cross-cutting themes, bringing together insights from the different sectors of trade, investment and human rights, and offering a variety of perspectives from academics, policymakers and practitioners. This title is included in Bloomsbury Professional's International Arbitration online service.