Treaties In Parliaments And Courts

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Treaties in Parliaments and Courts

Author : FELIX. LANGE
Publisher :
ISBN 13 : 9781035324347
Total Pages : 0 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Treaties in Parliaments and Courts by : FELIX. LANGE

Download or read book Treaties in Parliaments and Courts written by FELIX. LANGE and published by . This book was released on 2024-03-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courts' engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions. With intellectual rigour, Felix Lange demonstrates how diverse conceptions of foreign relations law affect whether parliaments act as promoters, shapers or translators of human rights treaties, the Rome Statute to the International Criminal Court, and climate change treaties. Lange not only analyses the ways in which domestic courts rely on treaties through consistent interpretation and direct application, but also how they may dismiss treaty provisions as non-self-executing or employ the concept of non-justiciability in matters of foreign affairs. Ultimately, Lange embraces the view that parliaments and courts are being increasingly heard and suggests that their voices should become even louder. This book will prove indispensable to academics and students interested in law and politics, public international law and constitutional law. Legal practitioners with a keen interest in these areas will similarly benefit from the connections drawn between international law and constitutional law.

The International Human Rights Judiciary and National Parliaments

Author : Matthew Saul
Publisher : Cambridge University Press
ISBN 13 : 1316878465
Total Pages : 417 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis The International Human Rights Judiciary and National Parliaments by : Matthew Saul

Download or read book The International Human Rights Judiciary and National Parliaments written by Matthew Saul and published by Cambridge University Press. This book was released on 2017-10-12 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.

The Transformation of EU Treaty Making

Author : Dermot Hodson
Publisher : Cambridge University Press
ISBN 13 : 110711215X
Total Pages : 355 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Transformation of EU Treaty Making by : Dermot Hodson

Download or read book The Transformation of EU Treaty Making written by Dermot Hodson and published by Cambridge University Press. This book was released on 2018-08-09 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigates the struggle between governments, parliaments, the people and courts over who participates in EU treaty making.

Community Law in the French Courts

Author : Eric E. Bergsten
Publisher : Springer Science & Business Media
ISBN 13 : 9401505039
Total Pages : 151 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis Community Law in the French Courts by : Eric E. Bergsten

Download or read book Community Law in the French Courts written by Eric E. Bergsten and published by Springer Science & Business Media. This book was released on 2013-12-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Communities are only two decades old. The most important of the three Communities, the European Economic Community (EEC), is even younger, having come into existence in 1958. 1 Two decades have been hardly enough time to have more than reached, much less settled, the impor tant questions of the relationship between Community law and institutions and those of the Member States. Among the most challenging of the questions is the extent to which the courts of the Member States will fulfill the obligation of safeguarding the rights created by the Treaty of Rome in favor of private persons, both indivi dual and corporate, an obligation which the Court of Justice of the European Communities has said rests upon the national courts. This obligation flows naturally, though not necessarily, from the commitment of the Court of Justice to an effective Community. However, the result depends on that commitment, and there is a natural concern that the national courts may not share the commitment to an effective Community to a degree necessary to fulfill their obligations under Community law as those obligations have been defined by the Court of Justice. In order to fu1fi11 their obligations to Community law the courts of the Member States will have to solve some serious problems, and do it with comparatively little help from the Court of Justice.

The International Human Rights Judiciary and National Parliaments

Author : Matthew Saul
Publisher : Cambridge University Press
ISBN 13 : 110718374X
Total Pages : 417 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The International Human Rights Judiciary and National Parliaments by : Matthew Saul

Separating Powers: International Law before National Courts

Author : David Haljan
Publisher : Springer Science & Business Media
ISBN 13 : 9067048585
Total Pages : 335 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Separating Powers: International Law before National Courts by : David Haljan

Download or read book Separating Powers: International Law before National Courts written by David Haljan and published by Springer Science & Business Media. This book was released on 2012-10-30 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.

Treaties in Parliaments and Courts

Author : Felix Lange
Publisher : Edward Elgar Publishing
ISBN 13 : 1035324350
Total Pages : 353 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Treaties in Parliaments and Courts by : Felix Lange

Download or read book Treaties in Parliaments and Courts written by Felix Lange and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courtsÕ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.

Parliaments and the European Court of Human Rights

Author : Alice Donald
Publisher : Oxford University Press
ISBN 13 : 0191093157
Total Pages : 340 pages
Book Rating : 4.1/5 (91 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 2016-08-19 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European system of human rights protection faces institutional and political pressures which threaten its very survival. These institional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court's decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilisation: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.

The Role of Domestic Courts in Treaty Enforcement

Author : David Sloss
Publisher : Cambridge University Press
ISBN 13 : 052187730X
Total Pages : 657 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis The Role of Domestic Courts in Treaty Enforcement by : David Sloss

Download or read book The Role of Domestic Courts in Treaty Enforcement written by David Sloss and published by Cambridge University Press. This book was released on 2009-10-12 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title examines whether domestic courts in 12 countries actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.

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.

Satow's Guide to Diplomatic Practice

Author : Ernest Mason Satow
Publisher : London ; New York : Longman
ISBN 13 :
Total Pages : 578 pages
Book Rating : 4.:/5 (39 download)

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Book Synopsis Satow's Guide to Diplomatic Practice by : Ernest Mason Satow

Download or read book Satow's Guide to Diplomatic Practice written by Ernest Mason Satow and published by London ; New York : Longman. This book was released on 1979 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guide to the practice of diplomacy - presents historical evolution of diplomacy and its role in international relations, comments on privileges and immunities in international law entitled to diplomatic agents, and discusses diplomatic practices regarding bilateral and multilateral negotiations within the framework of international organizations (esp. The role of UN). Bibliography pp. 522 to 531, and references.

Comparative Constitutional Design

Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 1107020565
Total Pages : 407 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Comparative Constitutional Design by : Tom Ginsburg

Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

Guide to Foreign and International Legal Citations

Author :
Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Guide to Foreign and International Legal Citations by :

Download or read book Guide to Foreign and International Legal Citations written by and published by . This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Formerly known as the International Citation Manual"--p. xv.

National Human Rights Consultation Report

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (516 download)

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Book Synopsis National Human Rights Consultation Report by :

Download or read book National Human Rights Consultation Report written by and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Congressional Record

Author : United States. Congress
Publisher :
ISBN 13 :
Total Pages : 404 pages
Book Rating : 4.X/5 (3 download)

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Book Synopsis Congressional Record by : United States. Congress

Download or read book Congressional Record written by United States. Congress and published by . This book was released on 1876 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

National Courts and the International Rule of Law

Author : André Nollkaemper
Publisher : Oxford University Press
ISBN 13 : 0191652822
Total Pages : 384 pages
Book Rating : 4.1/5 (916 download)

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

Download or read book National Courts and the International Rule of Law written by André Nollkaemper and published by Oxford University Press. This book was released on 2012 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107). This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.