The Doctrine Of State And The Principles Of State Law

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The Principles of Constitutionalism

Author : N. W. Barber
Publisher : Oxford University Press
ISBN 13 : 0192535684
Total Pages : 417 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Principles of Constitutionalism by : N. W. Barber

Download or read book The Principles of Constitutionalism written by N. W. Barber and published by Oxford University Press. This book was released on 2018-07-25 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.

The Supremacy of the State in International Law

Author : James B. Whisker
Publisher :
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Supremacy of the State in International Law by : James B. Whisker

Download or read book The Supremacy of the State in International Law written by James B. Whisker and published by . This book was released on 2003 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Act of State Doctrine holds that a state is legally supreme within its own boundaries and its sovereign is wholly immune to the judgments of other nations. The acts that the sovereign power's agents perform as part of their official duties and responsibilities cannot be called into question in the courts of another nation. If a state possesses not final and complete power over its own territory and citizens it is a dependency, a colony, or an occupied area. As nations moved into the modern world nations began to have second thoughts about maintaining and supporting sovereign absolutism. This study investigates past, current, and emerging meanings of the act of state doctrine. It also examines exceptions to the act of state doctrine.

State Immunity in International Law

Author : Xiaodong Yang
Publisher : Cambridge University Press
ISBN 13 : 0521844010
Total Pages : 941 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis State Immunity in International Law by : Xiaodong Yang

Download or read book State Immunity in International Law written by Xiaodong Yang and published by Cambridge University Press. This book was released on 2012-09-27 with total page 941 pages. Available in PDF, EPUB and Kindle. Book excerpt: Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.

The Federalist Papers

Author : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 420 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Swiss Public Administration

Author : Andreas Ladner
Publisher : Springer
ISBN 13 : 3319923811
Total Pages : 397 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Swiss Public Administration by : Andreas Ladner

Download or read book Swiss Public Administration written by Andreas Ladner and published by Springer. This book was released on 2018-08-07 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Swiss citizens approve of their government and the way democracy is practiced; they trust the authorities and are satisfied with the range of services Swiss governments provide. This is quite unusual when compared to other countries. This open access book provides insight into the organization and the functioning of the Swiss state. It claims that, beyond politics, institutions and public administration, there are other factors which make a country successful. The authors argue that Switzerland is an interesting case, from a theoretical, scientific and a more practice-oriented perspective. While confronted with the same challenges as other countries, Switzerland offers different solutions, some of which work astonishingly well.

Federal Preemption of State and Local Law

Author : James T. O'Reilly
Publisher : American Bar Association
ISBN 13 : 9781590317440
Total Pages : 252 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Federal Preemption of State and Local Law by : James T. O'Reilly

Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.

The Law of State Immunity

Author : Hazel Fox
Publisher : OUP Oxford
ISBN 13 : 0191669768
Total Pages : 3290 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Law of State Immunity by : Hazel Fox

Download or read book The Law of State Immunity written by Hazel Fox and published by OUP Oxford. This book was released on 2013-08-29 with total page 3290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.

State Interest and the Sources of International Law

Author : Markus P. Beham
Publisher : Routledge
ISBN 13 : 1351579959
Total Pages : 288 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis State Interest and the Sources of International Law by : Markus P. Beham

Download or read book State Interest and the Sources of International Law written by Markus P. Beham and published by Routledge. This book was released on 2018-05-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the disparity between positive non-treaty law and its scholarly assessment in the area of moral concepts, understood as altruistic as opposed to reciprocal legal obligations. It shows how scholars are generously willing to assert the existence of a rule of international law, thereby moving further away from actual state practice, not taking into account the factors of legal rhetoric and the core survival interests of the state in the formation of custom and general principles of law. The main argument is that such moral concepts can simply not manifest themselves as non-treaty sources of international law from a dogmatic perspective. The reason is the inherent connection between the formation of the non-treaty sources of international law and state interest that makes it difficult, if not impossible, to assess state practice or opinio juris in the case of altruistic obligations. The book further demonstrates this finding by looking at two cases in point: Human rights and humanitarian exceptions to the prohibition of force. As opposed to the majority of existing works on the subject, State Interest and the Sources of International Law takes a bigger-picture approach to a number of distinct problems in international law scholarship by looking at the building blocks of international relations on the one hand, and merging this with sources doctrine on the other. It will be of interest to researchers, academics, and students in the fields of international law, human rights, international relations, political science, legal philosophy, and legal theory.

The Equality of States in International Law

Author : Edwin De Witt Dickinson
Publisher :
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Equality of States in International Law by : Edwin De Witt Dickinson

Download or read book The Equality of States in International Law written by Edwin De Witt Dickinson and published by . This book was released on 1920 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Nations

Author : Emer de Vattel
Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Law of Nations by : Emer de Vattel

Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

In Memory of Stahl

Author : Guillaume Groen van Prinsterer
Publisher : Pantocrator Press
ISBN 13 :
Total Pages : 131 pages
Book Rating : 4./5 ( download)

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Book Synopsis In Memory of Stahl by : Guillaume Groen van Prinsterer

Download or read book In Memory of Stahl written by Guillaume Groen van Prinsterer and published by Pantocrator Press. This book was released on 2022-04-15 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Please allow me to introduce myself. My name is Guillaume Groen van Prinsterer. I heard that you don’t know who Stahl is. And I could not help wondering – please pardon my incivility, but … what rock have you been hiding under? Never heard of Stahl? Why, he is simply one of the greatest statesmen and legal scholars that Germany ever produced. “Everyone knows Stahl – usually without wanting to. For he has many opponents, who execrated what he stood for. They had a host of names for him: ‘a friend of compulsion, of princely absolutism, of medieval prejudices and misconceptions, a thoughtless fanatic, attached to obsolete forms, who foolishly mixes politics with religion; an ultra-Lutheran, Puseyite, head of the Junker party, proponent of feudal abuses, sophist in scientific outfit, dreamer about whose metaphysical speculations one reluctantly racks one's brains.’ When he died, they were happy to see him go: ‘Every sane person gladly sends such wicked men as this crusader chasing the holy cross, when heaven pleases to call them.’ Crusader! And they say that of someone who is Jewish! That’s right, Stahl was a convert to Christianity. And then, about his legacy – they are certain it will not follow after him: ‘It does not look as if Stahl will rise from the dead anymore.’ “But it will. I – we – will make sure that it does. Stahl was a voice crying in the wilderness, but his message is timeless. The kingdom of God and of His Christ will be recognized, on earth as it is in heaven. Here and now, among the rulers and powers, among the nations. ‘Every knee shall bow and every tongue confess that Jesus Christ is Lord.’ That is Stahl’s message, not only in private, among the congregation and around the dinner table, but in public, in the halls of power, the groves of academia, the popular consciousness, the public’s opinion. The gospel is an affair of public interest, it is a message to the nations. It concerns their weal and woe, their destiny. Such is by no means a matter of indifference to the kingdom of God. “That has been my message as well. Believe me, it is not a popular one in this day and age. The entire Zeitgeist is running against it. No one wants to hear of ‘the faithful witness, the firstborn of the dead, and the ruler of the kings of the earth’ – not even His followers! But does that mean that we are to be silenced? Or worse yet, to silence ourselves? Forbid it, Almighty God! “It is time men like Stahl were recognized for their work, their achievement, and their vision for the church, the nations, and the kingdom of God. It is past time to embrace and build upon their legacies, especially Stahl’s, which is so rich, profitable, rewarding. Read this memorial and acquaint yourself with someone who well deserves your undivided attention.”

Authority in the Modern State

Author : Harold Joseph Laski
Publisher :
ISBN 13 :
Total Pages : 414 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Authority in the Modern State by : Harold Joseph Laski

Download or read book Authority in the Modern State written by Harold Joseph Laski and published by . This book was released on 1919 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume is some sort the sequel to a book on the problem of sovereignty which I published in March, 1917."--Preface.

Christian Political Action in an Age of Revolution

Author : Guillaume Groen van Prinsterer
Publisher : WordBridge Publishing
ISBN 13 :
Total Pages : 179 pages
Book Rating : 4./5 ( download)

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Book Synopsis Christian Political Action in an Age of Revolution by : Guillaume Groen van Prinsterer

Download or read book Christian Political Action in an Age of Revolution written by Guillaume Groen van Prinsterer and published by WordBridge Publishing. This book was released on 2015-11-12 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt:

An Introduction to the Study of the Law of the Constitution

Author : A.V. Dicey
Publisher : Springer
ISBN 13 : 134917968X
Total Pages : 729 pages
Book Rating : 4.3/5 (491 download)

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Book Synopsis An Introduction to the Study of the Law of the Constitution by : A.V. Dicey

Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Reformed Ecclesiology in an Age of Denominationalism

Author : Philippus Jacobus Hoedemaker
Publisher : Pantocrator Press
ISBN 13 :
Total Pages : 239 pages
Book Rating : 4./5 ( download)

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Book Synopsis Reformed Ecclesiology in an Age of Denominationalism by : Philippus Jacobus Hoedemaker

Download or read book Reformed Ecclesiology in an Age of Denominationalism written by Philippus Jacobus Hoedemaker and published by Pantocrator Press. This book was released on 2019-06-01 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Once upon a time, the state shared the public square with the church. The central location of the church building in every European town is mute testimony to this state of affairs. But those days are long gone. Nowadays there is an implicit or explicit consensus regarding the proper place of the church: out of sight and out of mind. How has this sea change come about? Through a complete metanoia (“change of mind”) regarding the public square. Church and state used to be in agreement about ultimate reality, but then came the wars of religion and the desire for a neutral state. This gave us the agnostic state, incapable of making any judgement regarding truth or falsehood regarding religion. Freedom of religion has been the result. But this freedom has come with a price – the loss of a grip on ultimate reality, on transcendent standards and values. It is every person for him- or herself, the triumph of congeries of opinion over truth. Under these conditions, the church has itself experienced a transformation. It has been fragmented into myriad churches, none of which may claim ultimacy, all of which claim to proclaim the truth. We no longer have the body of Christ visibly expressed; instead we have denominations, private-legal constructs expressive of various consumer-oriented flavors of faith orientation. Has unity then been abandoned? No; for it is not a question of unity or no unity, it is a question of what kind of unity. In the modern world, the churches have exchanged unity in terms of confession, with unity in terms of politics. Political parties are the vehicles through which Christians express a joint conviction. And this has brought the church down to the level of the interest group and the lobbyist, the inevitable result of an age of denominationalism. Over 100 years ago, P. J. Hoedemaker already delineated and analyzed this state of affairs. The abysmal condition of the Dutch Reformed church formed the historical backdrop for his analysis, but the principles he developed during the course of his critique of the national church are applicable across the board in the modern world. Hoedemaker excavates the biblical and Reformational foundations of ecclesiology, the basics apart from which the church cannot escape from its current abasement.

United States Constitutional Law

Author : DANIEL A.. SIEGEL FARBER (NEIL S.)
Publisher : Foundation Press
ISBN 13 : 9781640208018
Total Pages : 507 pages
Book Rating : 4.2/5 (8 download)

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Book Synopsis United States Constitutional Law by : DANIEL A.. SIEGEL FARBER (NEIL S.)

Download or read book United States Constitutional Law written by DANIEL A.. SIEGEL FARBER (NEIL S.) and published by Foundation Press. This book was released on 2019-02-06 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: United States Constitutional Law guides law students, political science students, and engaged citizens through the complexities of U.S. Supreme Court doctrine--and its relationship to constitutional politics--in key areas ranging from federalism and presidential power to equal protection and substantive due process. Rather than approach constitutional law as a static structure or imagine the Supreme Court as acting in isolation from society, the book elaborates and clarifies key constitutional doctrines while also drawing on scholarship in law and political science that relates the doctrines to large social changes such as industrialization, social movements such as civil rights and second-wave feminism, and institutional tensions between governmental actors. Combining legal analysis with historical narrative and sensitivity to political context, the book provides deeper understanding of how constitutional law arises, functions, and changes in a complex, often-divided society.

Article 36 of the Belgic Confession Vindicated against Dr. Abraham Kuyper

Author : Philippus Jacobus Hoedemaker
Publisher : Pantocrator Press
ISBN 13 :
Total Pages : 171 pages
Book Rating : 4./5 ( download)

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Book Synopsis Article 36 of the Belgic Confession Vindicated against Dr. Abraham Kuyper by : Philippus Jacobus Hoedemaker

Download or read book Article 36 of the Belgic Confession Vindicated against Dr. Abraham Kuyper written by Philippus Jacobus Hoedemaker and published by Pantocrator Press. This book was released on 2019-05-01 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: To this day, Abraham Kuyper stands as a shining example of responsible and effective Christian action in all areas of life. A leading journalist, theologian, churchman, and politician in the late 19th and early 20th centuries, Kuyper effectuated, during a career spanning 50 years, an astonishing metamorphosis of the Dutch political and ecclesiastical landscape. Lifting high the banner of the universal lordship of Christ, he managed to revitalize a moribund political party and mobilize the so-called kleyne luyden, the “little guys,” into a social, ecclesiastical, educational, and political force to be reckoned with. And he did all of this while proclaiming, “There is not a square inch in the whole domain of our human existence over which Christ, who is Sovereign over all, does not cry, Mine!” What is less well understood is the degree to which Kuyper spoke out of two sides of his mouth. In fact, Kuyper shortchanged his trumpeted Christocratic agenda in the interest of political expediency. From early on he redefined theological categories in order to implement a dualism between church and state that could allow him to harness the church as a political action committee in the secularized democratic environment, all the while posturing as a champion of historic Christian theopolitical civilization. The epicenter of this revaluation of Christian values was Article 36 of the Belgic Confession, which mandated that the civil magistrate “remove and prevent all idolatry and false worship; that the kingdom of anti-christ may be thus destroyed, and the kingdom of Christ promoted.” This, in the view of Kuyper and his movement, was a denial of true Calvinism, which championed freedom of conscience and religion. Hoedemaker disputed this, arguing that Kuyper had set up a straw man. Did Article 36 really entail violation of conscience and the elimination of religious freedom? No – this was a smokescreen. In fact, Kuyper’s solution was the problem, as it did not take the Bible seriously. Hoedemaker returned to the Reformed fathers to recover a sound Reformed political theology, capable of being defended and advanced in the modern world. Hoedemaker had once stood shoulder-to-shoulder with Kuyper to advance the very same agenda of Christ’s lordship over every area of life. But he came to realize that Kuyper’s practical agenda deviated fundamentally from this proclaimed agenda, starting with the separation from the national church and culminating in Kuyper’s “mutilation” (A. A. van Ruler) of Article 36. This book presents Hoedemaker’s argument, involving a detailed analysis of Kuyper’s published statements on the subject, mainly his extended discussion included in vol. 3 of Common Grace. It is the translation of Artikel XXXVI onzer Nederduitsche Geloofsbelijdenis tegenover Dr. A. Kuyper gehandhaafd: beoordelingen van de opstellen in de “Heraut” over kerk en staat (Amsterdam: Van Dam, 1901).