The Rule of Law History, Theory and Criticism

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Publisher : Springer Science & Business Media
ISBN 13 : 1402057458
Total Pages : 699 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis The Rule of Law History, Theory and Criticism by : Pietro Costa

Download or read book The Rule of Law History, Theory and Criticism written by Pietro Costa and published by Springer Science & Business Media. This book was released on 2007-05-06 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.

Introduction to French Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124667
Total Pages : 528 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Introduction to French Law by : George A. Bermann

Download or read book Introduction to French Law written by George A. Bermann and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: French law displays many characteristics that set it apart in a world class of its own. It can be said to proceed from a number of independent streams that coexist despite apparent contradiction. More than half of the 2283 articles of the famous Code Civile of 1804 remain unaltered; yet French administrative judges jealously guard their prerogative to create their own public law. And yet again, since the 1974 law empowering the legislature to convene the Constitutional Council that judges the constitutionality of laws under the 1958 Constitution, the courts' distinction between 'rules' and 'fu.

An Unamendable Constitution?

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Publisher : Springer
ISBN 13 : 3319951416
Total Pages : 389 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis An Unamendable Constitution? by : Richard Albert

Download or read book An Unamendable Constitution? written by Richard Albert and published by Springer. This book was released on 2018-09-03 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.

The International Rule of Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 178990742X
Total Pages : 328 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis The International Rule of Law by : Denise Wohlwend

Download or read book The International Rule of Law written by Denise Wohlwend and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.

Legitimacy Gap

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Publisher : Oxford University Press
ISBN 13 : 0192528289
Total Pages : 266 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Legitimacy Gap by : Vincent Depaigne

Download or read book Legitimacy Gap written by Vincent Depaigne and published by Oxford University Press. This book was released on 2017-08-25 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an account and explanation of a fundamental dilemma facing secular states: the 'legitimacy gap' left by the withdrawal of religion as a source of legitimacy. Legitimacy represents a particular problem for the secular state. The 'secular' in all its manifestations is very much linked to the historical rise of the modern state. It should not be seen as a category that separates culture and religion from politics, but rather as one that links these different dimensions. In the first part of the book, Depaigne explains how modern constitutional law has moved away from a 'substantive' legitimacy, based in particular on natural law, towards a 'procedural' legitimacy based on popular sovereignty and human rights. Depaigne examines three case studies of constitutional responses to legitimacy challenges which articulate the three main sources of 'procedural' legitimacy (people, rights, and culture) in different ways: the 'neutral model' (constitutions based on the 'displacement of culture'); the 'multicultural model' (constitutions based on diversity and pluralism); and the 'asymmetric model' (constitutions based on tradition). Even if secularization can be considered European in its origin, it is best seen today as a global phenomenon, which needs to be approached by taking into account the particular cultural dimension in which it is rooted. Depaigne's detailed study shows how secularization has moved either towards 'nationalization' linked to a particular national identity (as in France and, to some extent, in India)-or towards 'de-secularization', whereby secularism is displaced by particular cultural norms, as in Malaysia.

Political Science Quarterly

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Publisher :
ISBN 13 :
Total Pages : 898 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Political Science Quarterly by :

Download or read book Political Science Quarterly written by and published by . This book was released on 1922 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt: A review devoted to the historical statistical and comparative study of politics, economics and public law.

Political Jurisprudence

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Publisher : Oxford University Press
ISBN 13 : 019253839X
Total Pages : 319 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Political Jurisprudence by : Martin Loughlin

Download or read book Political Jurisprudence written by Martin Loughlin and published by Oxford University Press. This book was released on 2017-12-08 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political jurisprudence is the branch of jurisprudence that treats law as an aspect of human experience called 'the political'. This is an approach that many contemporary jurists, those whose work presupposes the autonomy of legal order, tend to suppress. In this book, Martin Loughlin assesses the contribution made by political jurists and explains its contemporary significance. Political jurists maintain that the essential characteristics of modern legal order can only be revealed by considering how political authority is constituted. The political is orientated to the fact that people are organized into territorially-bounded units within which authoritative governing arrangements have been established, but the authority of this way of viewing the world is strengthened only through institution-building. Law may be an aspect of the political, but to perform its authority-generating functions effectively it must operate relatively autonomously. The political and the legal operate relationally, without one being reduced to the other. Loughlin introduces the rich literature of political jurisprudence through essays on innovative political jurists such as Hobbes, Burke, Constant, Romano, and Schmitt, and on such central themes as political right, institutionalism, constitutional legality, and reason of state. Building on his earlier books, The Idea of Public Law (OUP 2003) and Foundations of Public Law (OUP 2010), this collection extends his account of this influential strand of European legal thought.

The Methodology of Maurice Hauriou

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Publisher : Rodopi
ISBN 13 : 9042030070
Total Pages : 242 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Methodology of Maurice Hauriou by : Christopher B. Gray

Download or read book The Methodology of Maurice Hauriou written by Christopher B. Gray and published by Rodopi. This book was released on 2010-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows that Hauriou¿s positivist and pragmatic jurisprudence and social theory, as well as their application to the study of institutions, is satisfactorily supported by his idealistic philosophy. The nine chapters first locate Hauriou¿s influences, then situate his disciplinary methodologies within methodology in general. The central chapters concern each of the three methodologies in turn.

Legal Rules in Practice

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Publisher : Routledge
ISBN 13 : 1000335127
Total Pages : 304 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Legal Rules in Practice by : Baudouin Dupret

Download or read book Legal Rules in Practice written by Baudouin Dupret and published by Routledge. This book was released on 2020-12-30 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding legal rules not as determinants of behavior but as points of reference for conduct, this volume considers the ways in which rules are invoked, referred to, interpreted, put forward or blurred. It also asks how both legal practitioners and lay participants conceive of and participate in the construction of facts and rules, and thus, through decisions, defenses, pleas, files, evidence, interviews and documents, actively participate in law’s life. With attention to the formulation of notions such as person, evidence, intention, cause and responsibility in the course of legal practices, Legal Rules in Practice provides the outlines of a praxiological anthropology of law – an anthropology that focuses on words, concepts and reasoning as actively used to solve conflicts with the help of legal rules. As such, it will appeal to sociologists, anthropologists and scholars of law with interests in ethnomethodology, rule-based conduct and practical reasoning.

Self-Determination and Secession

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Publisher : Springer Nature
ISBN 13 : 3031343220
Total Pages : 276 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis Self-Determination and Secession by : Natalija Shikova

Download or read book Self-Determination and Secession written by Natalija Shikova and published by Springer Nature. This book was released on 2023-08-28 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive summary of extant international law scholarship on the topics of self-determination and secession and positions the concepts among present-day theory and relevant practice, illustrated through various ongoing cases and historical examples. The right to self-determination is among the least understood rights within international law. Theoretical dilemmas – as to whether there is a link between self-determination and secession – are nothing new. In essence, self-determination is a much broader concept than secession and obtaining independent statehood. Unilateral secession is not prohibited by international law, but neither is it per se welcomed or accepted in practice. Beyond the context of decolonization, secession claims have long been viewed with disapproval in international law, and lawyers have been extremely skeptical about the issue. Although this is still the case, there are also new trends and opportunities to explore situations in which secession can be accepted, legitimized, or even legally permissible. The yardstick for this is the diplomatic response to secessionism and the growing involvement of the international community in mediation and conflict resolution. Though finding solutions can be difficult, within the existing frame, the ongoing tension between the duty of every society to recognize pluralism and diversity on the one hand, and the inherent desire of every culture – whether majority, minority or indigenous – to protect its values and ensure conformity on the other, must be resolved. The practices and modalities that envisage the internal dimension of the right to self-determination as a right that is exercised within the state borders can offer such opportunities. The appropriate role of the state and the international community is to serve as mediators between competing forces and to set parameters that can transform destructive conflicts into productive political models.

Sovereignty and the Law

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Publisher : OUP Oxford
ISBN 13 : 0191509450
Total Pages : 1776 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Sovereignty and the Law by : Richard Rawlings

Download or read book Sovereignty and the Law written by Richard Rawlings and published by OUP Oxford. This book was released on 2013-11-14 with total page 1776 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic of sovereignty is contentious, and one of enduring interest. In a world of ever increasing economic globalisation, the rise of supranational regulation and the interconnected age of information and communication technology, among many other developments, have challenged the once exclusively held Westphalian model of sovereignty. The distinction between the internal aspect of sovereignty as expressed in terms of ultimate authority in a constitution, and the external aspect involving the relationship between sovereign states has been blurred. This has given rise to contemporary debates that explore the theoretical and practical implications of current challenges to established doctrines. Evidently no book could encompass the entirety of the contemporary debates on sovereignty. This is a book of essays focusing on sovereignty by a team of leading writers contributing domestic, European and international perspectives. The essays have been written at a time of very great testing of the institutional frameworks at every level: domestic, European, international or global. The book illuminates the enduring strength of sovereignty as a foundational concept and the continuing widespread appeal of sovereignty as an idea.

The Oxford Handbook of Comparative Constitutional Law

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Publisher : OUP Oxford
ISBN 13 : 0191640174
Total Pages : 1981 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Comparative Constitutional Law by : Michel Rosenfeld

Download or read book The Oxford Handbook of Comparative Constitutional Law written by Michel Rosenfeld and published by OUP Oxford. This book was released on 2012-05-17 with total page 1981 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

Bulletin of the British Library of Political Science

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Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.:/5 (891 download)

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Book Synopsis Bulletin of the British Library of Political Science by : British Library of Political and Economic Science

Download or read book Bulletin of the British Library of Political Science written by British Library of Political and Economic Science and published by . This book was released on 1922 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Democracy in a Multicultural and Globalised World

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Publisher : Springer Science & Business Media
ISBN 13 : 3540764127
Total Pages : 687 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis Constitutional Democracy in a Multicultural and Globalised World by : Thomas Fleiner

Download or read book Constitutional Democracy in a Multicultural and Globalised World written by Thomas Fleiner and published by Springer Science & Business Media. This book was released on 2009-01-31 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: After World War II, states transformed into ‘collective fortresses’ in order to protect competing ideological systems. The debate on post-modern statehood heavily built on ideological disputes between liberalism and communism, over the nature of the economic and social system, and the state and government that could sustain such a system. What is an ‘ideologically acceptable’ state-concept; which tasks and fu- tions should the state fulfil, and how to legitimate not only democratic, but also authoritarian and even totalitarian regimes? These questions were at the very centre of state theory. However, after the fall of communism in Europe and the former Soviet Union, the discourse of state and government scholarship radically changed. The need for a profound shift in the state paradigm was emerging. The time after 1989 seemed to proclaim that the nation-state had lost its raison d’être as an island of undisputed and unlimited sovereignty. A globalised world order broke open the ‘fortress state’ that developed within the tradition of European constitutionalism. Given the simultaneous structural changes to the nation-state’s foundations, socio-economic and political reforms going hand in hand with new constitutional designs, the ‘state in transition’ started paving the way towards a new state paradigm, and not only with regard to the states in the process of de- cratic transformation from socialist into liberal constitutional democracies.

The Cambridge Companion to Legal Positivism

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Publisher : Cambridge University Press
ISBN 13 : 1108427677
Total Pages : 807 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Cambridge Companion to Legal Positivism by : Torben Spaak

Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.

Transnational Constitution Making

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Publisher : Taylor & Francis
ISBN 13 : 1040035752
Total Pages : 228 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Transnational Constitution Making by : Alicia Pastor y Camarasa

Download or read book Transnational Constitution Making written by Alicia Pastor y Camarasa and published by Taylor & Francis. This book was released on 2024-06-14 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the largely neglected but crucial role of transnational actors in democratic constitution-making. The writing or rewriting of constitutions is usually a key moment in democratic transitions. But how exactly does this take place? Most contemporary comparative constitutional literature draws on the concept of constituent power – the power of the people – to address this moment. But what this overlooks, this book argues, is the important role of external, transnational actors who tend to play a crucial role in the process. Drawing on sociolegal methodologies but informed by new legal realism, this book develops a new theoretical framework for examining the involvement of such actors in constitution-making. Empirically grounded, the book uncovers a more comprehensive picture of how constitution-making unfolds on the ground. Illuminating the power dynamics at play during the legal process, it reveals not only the wide range of external actors involved but also the continuity between decolonisation and post-Cold War constitution-making. This book, the first to provide an in-depth examination of external actor involvement in constitution-making, will appeal to scholars of constitutional law, sociolegal studies, law and development, and transitional justice.

Visions of the Social

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Publisher : BRILL
ISBN 13 : 9004207252
Total Pages : 248 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Visions of the Social by : Jean Terrier

Download or read book Visions of the Social written by Jean Terrier and published by BRILL. This book was released on 2011-06-22 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essentially contested notion, society is viewed by some as the most important level of human reality, while others deny its existence outright. Taking the example of France between the Enlightenment and the Second World War, this book recounts the debates among thinkers and scholars on the nature of the social. By way of an original analysis of the work of many key figures in the history of French thought, the author convincingly demonstrates the strength of the connection between social theories and political projects. He pays particular attention to conceptual and terminological developments, thereby shedding a new light on the history of some core concepts of the human sciences, such as "society", "culture", and "civilisation".