A Democracia Entre Representa O E Jurisdi O
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Governing With Judges
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Author : Alec Stone Sweet
language : en
Publisher: OUP Oxford
Release Date : 2000-01-27
Governing With Judges written by Alec Stone Sweet and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-01-27 with Political Science categories.
Governing with Judges elaborates a theory of constitutional politics, the process through which the discursive practices and techniques of constitutional adjudication come to structure the work of governments, parliaments, judges, and administrators. Focusing on the cases of France, Germany, Italy, Spain, and the European Union, the book examines the sources and consequences of the pan-European movement to confer constitutional review authority on a new governmental institution, the constitutional court. Detailed case studies illustrate how and to what extent legislative processes have been placed under the influence of constitutional judges. In a growing number of policy domains, these judges function as powerful, adjunct legislators. As constitutional courts have consolidated their position as authoritative interpreters of the constitutional law, and especially of human rights provisions, the work of the judiciary, too, has gradually been constitutionalised. Today, ordinary judges seek to detect violations of the constitution in their application of the various codes, and to rewrite statutes that they deem unconstitutional. Constitutional politics have not only provoked the demise of traditional notions of parliamentary sovereignty, they have organized profound transformations in the very nature of European governance. Stone Sweet argues that constitutional adjudication constructs complex causal linkages between rule systems and normativity, on the one hand, and the strategic behaviour of individuals, on the other. The theory constitutes a novel synthesis of normative and rational approaches to politics. The book also addresses central questions raised by a wide range of ongoing theory projects, including the 'new institutionalism,'rational choice, principal-agent theories of delegation, and the new constitutionalism in Continental legal theory.
Oecd Public Integrity Handbook
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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2020-05-20
Oecd Public Integrity Handbook written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-20 with categories.
The OECD Public Integrity Handbook provides guidance to government, business and civil society on implementing the OECD Recommendation on Public Integrity. The Handbook clarifies what the Recommendation’s thirteen principles mean in practice and identifies challenges in implementing them.
Towards Juristocracy
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Author : Ran Hirschl
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
Towards Juristocracy written by Ran Hirschl and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.
In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
The Struggle Against Enforced Disappearance And The 2007 United Nations Convention
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Author : Tullio Scovazzi
language : en
Publisher: BRILL
Release Date : 2007-08-31
The Struggle Against Enforced Disappearance And The 2007 United Nations Convention written by Tullio Scovazzi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-31 with Law categories.
Enforced disappearance is one of the most serious human rights violations. It constitutes an autonomous offence and a crime under international law on account of its multiple and continuing character. It is not a phenomenon of the past, nor is it geographically limited to Latin America: such scourge is widespread today and on the increase in other continents. For more than twenty-five years, relatives of disappeared people worldwide have insisted on the pressing need for an international legally binding instrument against enforced disappearances. 2006 is the year of the adoption of the International Convention on the Protection of All Persons from Enforced Disappearances, which represents the result of several legislative and jurisprudential developments that are duly analyzed in this book. The Convention has been opened for signature in February 2007.
International Human Rights Law In A Global Context
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Author : Felipe Gómez Isa
language : en
Publisher: Universidad de Deusto
Release Date : 2009-01-01
International Human Rights Law In A Global Context written by Felipe Gómez Isa and has been published by Universidad de Deusto this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
The international human rights system remains as dynamic as ever. If at the end of the last century there was a sense that the normative and institutional development of the system had been completed and that the emphasis should shift to issues of implementation, nothing of the sort occurred. Even over the last few years significant changes happened, as this book amply demonstrates. We hope that this Manual makes a contribution to the development of International Human Rights Law and is of interest for those working in the field of promotion and protection of human rights. The book is the result of a joint project under the auspices of HumanitarianNet, a Thematic Network led by the University of Deusto, and the European Inter-University Centre for Human Rights and Democratisation (EIUC, Venice).
Electoral System Design
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Author : Andrew Reynolds
language : en
Publisher: Stockholm : International Institute for Democracy and Electoral Assistance
Release Date : 2005
Electoral System Design written by Andrew Reynolds and has been published by Stockholm : International Institute for Democracy and Electoral Assistance this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Political Science categories.
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Resolving Individual Labour Disputes
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Author : International Labour Office
language : en
Publisher:
Release Date : 2016-12-23
Resolving Individual Labour Disputes written by International Labour Office and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-23 with Comparative law categories.
This book examines the institutions and mechanisms for settlement of individual labour disputes in various countries. The number of individual disputes arising from day-to-day workers' grievances or complaints continues to grow in many parts of the world. The chapters in this book cover individual labour dispute settlement systems in Australia, Canada, France, Germany, Japan, Spain, Sweden, the United Kingdom and the United States. Each chapter examines and assesses the institutions and mechanisms for settlement of individual labour disputes, including the procedures and powers available, the interaction of these institutions and mechanisms with other labour market institutions (e.g. collective bargaining and labour inspection) and the broader system for resolution of legal disputes (e.g. courts of general jurisdiction, specialist commissions and tribunals).
Judges And Unjust Laws
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Author : Douglas E. Edlin
language : en
Publisher: University of Michigan Press
Release Date : 2010-07-22
Judges And Unjust Laws written by Douglas E. Edlin and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-22 with Law categories.
Are judges legally obligated to enforce an unjust law?
The Dignity Of Legislation
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Author : Jeremy Waldron
language : en
Publisher: Cambridge University Press
Release Date : 1999-07-29
The Dignity Of Legislation written by Jeremy Waldron and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-07-29 with Law categories.
Jeremy Waldron here attempts to restore the good name of legislation in political theory. Focused in particular on the writings of Aristotle, Locke and Kant, this book recovers and highlights ways of thinking about legislation that present it as a dignified mode of governance and a respectable source of law. The focus is particularly on legislation by assemblies, large gatherings of representatives who air their disagreements in ferocious debate and make laws by deliberation and voting. Jeremy Waldron has published extensively in law, philosophy and political theory. Here he presents a unique study of the place of legislation in the canon of political thought - a study which emphasises the positive features of democracy and representative assemblies. The Dignity of Legislation is original in conception, trenchantly argued and very clearly presented, and will be of interest to a wide range of scholars and thinkers.
Transformative Constitutionalism In Latin America
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Author : Armin von Bogdandy
language : en
Publisher: Oxford University Press
Release Date : 2017-06-16
Transformative Constitutionalism In Latin America written by Armin von Bogdandy and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-16 with Law categories.
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.