Over Staatsregt
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Studi N Over Staatkunde En Staatsrecht
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Author : Buys
language : nl
Publisher:
Release Date : 1895
Studi N Over Staatkunde En Staatsrecht written by Buys and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1895 with categories.
Studi N Over Staatkunde En Staatsrecht
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Author : Johan Theodoor Buijs
language : de
Publisher:
Release Date : 1894
Studi N Over Staatkunde En Staatsrecht written by Johan Theodoor Buijs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1894 with Constitutional history categories.
Over Ongeschreven Staatsrecht
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Author : A. H. M. Dölle
language : nl
Publisher: Wolters-Noordhoff Publishing
Release Date : 1988-01-01
Over Ongeschreven Staatsrecht written by A. H. M. Dölle and has been published by Wolters-Noordhoff Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-01-01 with Constitutional law categories.
Democratizing Constitutional Law
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Author : Thomas Bustamante
language : en
Publisher: Springer
Release Date : 2016-04-19
Democratizing Constitutional Law written by Thomas Bustamante and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-19 with Law categories.
This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.
Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution
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Author : Ndjodi Ndeunyema
language : en
Publisher: Pretoria University Law Press
Release Date : 2021-10-01
Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution written by Ndjodi Ndeunyema and has been published by Pretoria University Law Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-01 with Law categories.
This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu – which is legally developed through its four key principles of community, interdependence, dignity and solidarity – is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as ‘re-invigorative constitutionalism’. The book advances the ‘AQuA’ (adequacy – quality – accessibility) content of water and articulates the correlative duties within the context of the respect – protect – fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission’s Principles and Guidelines on Social and Economic Rights, and the World Health Organisation’s Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts. - Dr Ndjodi Ndeunyema Modern Law Review Early Career Research Fellow, University of Oxford.
From Empire To Union
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Author : Jo Eric Khushal Murkens
language : en
Publisher: OUP Oxford
Release Date : 2013-01-17
From Empire To Union written by Jo Eric Khushal Murkens and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-17 with Law categories.
Germany has long been at the centre of European debates surrounding the modern role of national constitutional law and its relationship with EU law. In 2009 the German constitutional court voted to uphold the constitutionality of the Lisbon Treaty, but its critical, restrictive decision sent shockwaves through the European legal community who saw potential threats to further European integration. What explains Germany's uneasy relationship with the project of European legal integration? How have the concepts of sovereignty, state, people, and democracy come to dominate the Constitutional Court's thinking, despite not being defined in the Constitution itself? Despite its importance to the whole enterprise of the European Union, German constitutional thought has been poorly understood in the wider European literature. This book presents a historical account of German conceptions of constitutional law, providing the understanding necessary to see what is at stake in contemporary debates surrounding the constitution and the European Union. Examining the modern development of German constitutional thought, this volume traces the key public law concepts of state, constitution, sovereignty, and democracy from their modern emergence in the 19th century through to the present day. It analyses the constitutional relationship between Germany and the EU from a sociological and historical perspective, looking at how German constitutional law has conflicted and compromised with EU law, and the difficulties this has raised. Filling a significant gap in comparative constitutional law literature, this book provides an account of the major schools of German constitutional thought and their development. Against this backdrop it offers a fascinating insight into Germany's relationship with the European Union.
Models Of Constitutional Jurisdiction
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Author : Helmut Steinberger
language : en
Publisher: Council of Europe
Release Date : 1993
Models Of Constitutional Jurisdiction written by Helmut Steinberger and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
On cover: Collection: Science and technique of democracy
Facilitating Freedom Of Religion Or Belief A Deskbook
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Author : W. Cole Durham
language : en
Publisher: Springer
Release Date : 2013-12-11
Facilitating Freedom Of Religion Or Belief A Deskbook written by W. Cole Durham and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-11 with Law categories.
As the world enters the 21st Century, the challenges in implementing freedom of religion or belief grow more complex and more acute. How can the internationally recognized norms regarding freedom of religion or belief be meaningful for all - women and men, majorities and minorities, established religions and new religious movements, parents and children? How can tolerance, mutual respect and understanding be globally expanded? How does freedom of religion or belief relate to other human rights? Launched by the Oslo Coalition on Freedom of Religion or Belief, this deskbook anthology is designed as a single-volume resource for all who are concerned with facilitating improved global compliance with international standards in this vital area. The varied and diverse topics addressed by over fifty global experts in the field provide a rich weave of many threads. The book addresses historical and philosophical background on religious human rights, applicable international norms and the international procedural mechanisms for safeguarding these norms. It surveys central areas of controversy, including registration of religious and belief organizations, emerging debates on religion and gender, parental and children's rights, new religious movements, proselytism, and conscientious objection. Other chapters describe practical approaches to promoting tolerance and understanding through education, inter-religious dialogue, joint religious efforts addressing shared social problems, and conflict resolution initiatives. The volume also provides practical information regarding networking and other background issues that can help translate understanding of the applicable norms and procedures into action. Appendices provide texts of major international instruments on freedom of religion or belief.
A Kluit Academische Redevoering Over Het Misbruik Van T Algemeen Staatsrecht Etc
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Author : Adriaan KLUIT
language : nl
Publisher:
Release Date : 1787
A Kluit Academische Redevoering Over Het Misbruik Van T Algemeen Staatsrecht Etc written by Adriaan KLUIT and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1787 with categories.
The Life And Death Of States
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Author : Natasha Wheatley
language : en
Publisher: Princeton University Press
Release Date : 2023-06-13
The Life And Death Of States written by Natasha Wheatley and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-13 with History categories.
"Canonical theorists of sovereignty (Hobbes, Rousseau, and others) put the monopoly of power at the center of their definitions. These thinkers abstracted from western European experiences to universal norms. In the wake of their transformative contributions, states that did not fit the model appeared to be underdeveloped or deviant. Labels such as "provisional" or "irregular" rendered them irrelevant to theorizing and, worse, political problems that needed to be solved. One early "anomaly," says historian Natasha Wheatley, was the Habsburg Empire. Layered as it was with imperial, national, and regional sovereignty, its trajectory was not one of progress toward a unitary state. Instead, it encompassed compound polities, or states bundled together under experimental constitutional orders. Wheatley's aim in this book is to theorize from Central Europe to see how sovereignty can be produced in a complex world. In reconstructing this political and legal history, Wheatley treats Austria-Hungary as a crucible for modern legal theory. The serial remaking and eventual unmaking of imperial sovereigny in Central Europe showed how old-world dynastic conceptions of sovereignty were translated into abstract categories of modern legal thought. In so doing, she uncovers the irresolvable tensions and strategic silences in modern political theory: the presumed unity and timelessness of states. Eschewing explanations of "failure," she instead uncovers how the Central European experience crystallized legal questions that would arise again in the era of global decolonization, connecting the story of the end of empire to the birth of new nations throughout the twentieth century. In this respect, the work serves not only as a history of Central Europe but also a "prehistory" of the era of decolonization"--