An Inquiry Into The Existence Of Global Values
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An Inquiry Into The Existence Of Global Values
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Author :
language : en
Publisher:
Release Date : 2015
An Inquiry Into The Existence Of Global Values written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
"The world appears to be globalizing economically, technologically, and even, to a halting extent, politically. This process of globalization raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But, for any international legal framework to exist, normative agreement between countries - with very differing political, economic, cultural, and legal traditions - becomes necessary. This book explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at least in part, a Bill of Rights. These texts reveal significant similarities, which are examined in the book. From these national studies, the book analyzes the rise of constitutionalism since World War II and charts the possibility of a consensus of values which might plausibly underpin an effective and legitimate international legal order."--Résumé de l'éditeur.
An Inquiry Into The Existence Of Global Values
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Author : Dennis Davis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-08-27
An Inquiry Into The Existence Of Global Values written by Dennis Davis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-27 with Law categories.
The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very different political, economic, cultural and legal traditions, becomes necessary. This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at least in part, a Bill of Rights. These texts reveal significant similarities; the Canadian Charter of Rights and Freedoms, for instance, had a marked influence on the drafting of the Bill of Rights for South Africa, New Zealand and Hong Kong as well as the Basic Law of Israel. Similarly, the drafts of Eastern European constitutions reflect significant borrowing from older texts. The essays in this book examine the depth of these similarities; in particular the extent to which textual borrowings point to the development of foundational values in these different national legal systems and the extent of the similarities or differences between these values and the priorities accorded to them. From these national studies the work analyses the rise of constitutionalism since the Second World War, and charts the possibility of a consensus on values which might plausibly underpin an effective and legitimate international legal order.
Parliament S Secret War
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Author : Veronika Fikfak
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-02-22
Parliament S Secret War written by Veronika Fikfak and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-22 with Law categories.
The invasion of Iraq in 2003, and the Coalition Government's failure to win parliamentary approval for armed intervention in Syria in 2013, mark a period of increased scrutiny of the process by which the UK engages in armed conflict. For much of the media and civil society there now exists a constitutional convention which mandates that the Government consults Parliament before commencing hostilities. This is celebrated as representing a redistribution of power from the executive towards a more legitimate, democratic institution. This book offers a critical inquiry into Parliament's role in the war prerogative since the beginning of the twentieth century, evaluating whether the UK's decisions to engage in conflict meet the recognised standards of good governance: accountability, transparency and participation. The analysis reveals a number of persistent problems in the decision-making process, including Parliament's lack of access to relevant information, government 'legalisation' of parliamentary debates which frustrates broader discussions of political legitimacy, and the skewing of debates via the partial public disclosure of information based upon secret intelligence. The book offers solutions to these problems to reinvigorate parliamentary discourse and to address government withholding of classified information. It is essential reading for anyone interested in war powers, the relationship between international law and domestic politics, and the role of the Westminster Parliament in questions of national security.
Routledge Handbook Of Comparative Constitutional Change
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Author : Xenophon Contiades
language : en
Publisher: Routledge
Release Date : 2020-06-11
Routledge Handbook Of Comparative Constitutional Change written by Xenophon Contiades and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-11 with Law categories.
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
A Cosmopolitan Jurisprudence
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Author : Helge Dedek
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-16
A Cosmopolitan Jurisprudence written by Helge Dedek 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 2021-12-16 with Law categories.
Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Eternity Clauses In Democratic Constitutionalism
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Author : Silvia Suteu
language : en
Publisher: Oxford University Press
Release Date : 2021-04
Eternity Clauses In Democratic Constitutionalism written by Silvia Suteu 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 2021-04 with Law categories.
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.
Duelling For Supremacy
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Author : Fulvio Maria Palombino
language : en
Publisher: Cambridge University Press
Release Date : 2019-05-16
Duelling For Supremacy written by Fulvio Maria Palombino 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 2019-05-16 with Law categories.
Analyses national practices on conflicts between international law and national fundamental principles with a comparative perspective.
Freedom Of Religion At Stake
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Author : Dion A. Forster
language : en
Publisher: Wipf and Stock Publishers
Release Date : 2019-11-01
Freedom Of Religion At Stake written by Dion A. Forster and has been published by Wipf and Stock Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-01 with Religion categories.
How can freedom of religion protect the dignity of every human being and safeguard the well-being of creation? This question arises when considering the competing claims among faith traditions, states, and persons. Freedom of religion or belief is a basic human right, and yet it is sometimes used to undermine other human rights. This volume seeks to unpack and wrestle with some of these challenges. In order to do so scholars were invited from different contexts in Africa and Europe to write about freedom of religion from various angles. How should faith traditions in a minority position be protected against majority claims and what is the responsibility of the religious communities in this task? When does the state risk overstepping its boundaries in the delicate balance between freedom of religion and other human rights? How can new voices, who claim their human rights in relation to gender roles, reproductive rights, and as sexual minorities, be heard within their faith traditions? These are some of the questions that are raised by the authors. This is a book for all who are engaged in faith communities, leaders as well as people trying to be recognized. It is also important reading for all interested in international legal frameworks for freedom of religion, state advisers, and human right defenders.
Is Human Life Absurd A Philosophical Inquiry Into Finitude Value And Meaning
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Author : Raymond Angelo Belliotti
language : en
Publisher: BRILL
Release Date : 2019-06-24
Is Human Life Absurd A Philosophical Inquiry Into Finitude Value And Meaning written by Raymond Angelo Belliotti and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-24 with Philosophy categories.
Belliotti unravels the paradoxes of human existence to reveal paths for crafting meaningful, significant, valuable, even important lives. He argues that human life is not inherently absurd; examines the implications of mortality; contrasts subjective and objective meaning, and evaluates contemporary renderings of meaningful human lives.
The Future Of Value Inquiry
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Author :
language : en
Publisher: BRILL
Release Date : 2021-12-28
The Future Of Value Inquiry written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-28 with Philosophy categories.
This book explores the nature of values, and the status of value studies, at the turn of the millennium. The contributors, nineteen philosophers from fourteen countries, introduce and defend an enriching variety of views regarding the present state and future prospects of value inquiry.