Comparative Matters
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Comparative Constitutional Law
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Author : Tom Ginsburg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Comparative Constitutional Law written by Tom Ginsburg and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Comparative Matters
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Author : Ran Hirschl
language : en
Publisher:
Release Date : 2014
Comparative Matters written by Ran Hirschl and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.
Language Issues In Comparative Education
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Author : Carol Benson
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-13
Language Issues In Comparative Education written by Carol Benson and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-13 with Education categories.
This volume compiles a unique yet complementary collection of chapters that take a strategic comparative perspective on education systems, regions of the world, and/or ethnolinguistic communities with a focus on non-dominant languages and cultures in education. Comparison and contrast within each article and across articles illustrates the potential for using home languages – which in many cases are in non-dominant positions relative to other languages in society – in inclusive multilingual and multicultural forms of education. The 22 authors demonstrate how bringing non-dominant languages and cultures into schooling has liberatory, transformative potential for learners from ethnolinguistic communities that have previously been excluded from access to quality basic education. The authors deal not only with educational development in specific low-income and emerging countries in Asia (Afghanistan, Bangladesh, Cambodia, the Philippines Thailand and Vietnam), Latin America (Guatemala and Mexico) and Africa (Mozambique, Senegal and Tanzania), but also with efforts to reach marginalized ethnolinguistic communities in high-income North American countries (Canada and the USA). In the introductory chapter the editors highlight common and cross-cutting themes and propose appropriate, sometimes new terminology for the discussion of linguistic and cultural issues in education, particularly in low-income multilingual countries. Likewise, using examples from additional countries and contexts, the three final chapters address cross-cutting issues related to language and culture in educational research and development. The authors and editors of this volume share a common commitment to comparativism in their methods and analysis, and aim to contribute to more inclusive and relevant education for all. “A richly textured collection which offers a powerful vision of the possible, now and in the future.” Alamin Mazrui, Rutgers State University of New Jersey, USA “This book takes the local perspective of non-dominant language communities in arguing for a multilingual habitus in educational development. Benson and Kosonen masterfully extend theories and clarify terminology that is inclusive of the non-dominant contexts described here.” Ofelia García, City University of New York, USA
Privacy And Data Protection Issues Of Biometric Applications
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Author : Els J. Kindt
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-05
Privacy And Data Protection Issues Of Biometric Applications written by Els J. Kindt and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-05 with Law categories.
This book discusses all critical privacy and data protection aspects of biometric systems from a legal perspective. It contains a systematic and complete analysis of the many issues raised by these systems based on examples worldwide and provides several recommendations for a transnational regulatory framework. An appropriate legal framework is in most countries not yet in place. Biometric systems use facial images, fingerprints, iris and/or voice in an automated way to identify or to verify (identity) claims of persons. The treatise which has an interdisciplinary approach starts with explaining the functioning of biometric systems in general terms for non-specialists. It continues with a description of the legal nature of biometric data and makes a comparison with DNA and biological material and the regulation thereof. After describing the risks, the work further reviews the opinions of data protection authorities in relation to biometric systems and current and future (EU) law. A detailed legal comparative analysis is made of the situation in Belgium, France and the Netherlands. The author concludes with an evaluation of the proportionality principle and the application of data protection law to biometric data processing operations, mainly in the private sector. Pleading for more safeguards in legislation, the author makes several suggestions for a regulatory framework aiming at reducing the risks of biometric systems. They include limitations to the collection and storage of biometric data as well as technical measures, which could influence the proportionality of the processing. The text is supported by several figures and tables providing a summary of particular points of the discussion. The book also uses the 2012 biometric vocabulary adopted by ISO and contains an extensive bibliography and literature sources.
Redefining Comparative Constitutional Law
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-11-25
Redefining Comparative Constitutional Law written by 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 2024-11-25 with Law categories.
Over the past two decades, the field of comparative constitutional law has emerged as a major domain of scholarly inquiry. It has also been a notable feature in judicial practice. Many of the world's leading courts are now composed of at least some members who engage with comparative materials, and thinking comparatively has developed into one of the most significant ways of engaging in constitutional analyses. Redefining Comparative Constitutional Law: Essays for Mark Tushnet reflects upon the field of comparative constitutional law. Among the most prominent figures in the development of the field in its ongoing renaissance has been Mark Tushnet. This book uses the occasion of Professor Tushnet's recent retirement from Harvard Law School to think critically about the field. Each essay takes up one of Professor Tushnet's major recent themes which focuses on variations within liberal constitutionalism and the possibility of other forms of constitutionalism that find articulation under other political regimes. In this book, leading scholars contribute to the debate over the nature of the field, including the role of empiricism and language; discussions of democracy and entrenchment; analyses of rights and courts; consideration of constitutional design; and explorations of the extent to which there are varieties of constitutionalism. At a moment of renewed stress and political debate over the relationship between democracy and constitutionalism, Redefining Comparative Constitutional Law: Essays for Mark Tushnet offers timely insights into comparative analyses of constitutional rights. Academics and students alike will benefit from the essays that range across both methodological questions and substantive analysis in the development of constitutions throughout the globe.
Comparative Constitutional Design
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2012-02-27
Comparative Constitutional Design written by Tom Ginsburg 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 2012-02-27 with Law categories.
This volume brings together essays by many of the leading scholars of comparative constitutional design from many perspectives to collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues. Bringing together positive and normative analysis, this volume provides state of the art in a field of growing theoretical and practical importance.
Methods And Legal Comparison
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Author : Roberto Scarciglia
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-08-14
Methods And Legal Comparison written by Roberto Scarciglia and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-14 with Law categories.
This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems.
American Comparative Law
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Author : David Scott Clark
language : en
Publisher: Oxford University Press
Release Date : 2022
American Comparative Law written by David Scott Clark 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 2022 with Law categories.
"Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--
Comparative Reasoning In International Courts And Tribunals
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Author : Daniel Peat
language : en
Publisher: Cambridge University Press
Release Date : 2020-07-09
Comparative Reasoning In International Courts And Tribunals written by Daniel Peat 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 2020-07-09 with Law categories.
Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.
Fcc Record
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Author : United States. Federal Communications Commission
language : en
Publisher:
Release Date : 1999
Fcc Record written by United States. Federal Communications Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Telecommunication categories.