Response Of The Law To The Challenge Of Independence
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Response Of The Law To The Challenge Of Independence
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Author : Sir Roy Marshall
language : en
Publisher:
Release Date : 1991
Response Of The Law To The Challenge Of Independence written by Sir Roy Marshall and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Autonomy categories.
The Rule Of Law In Europe
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Author : María Elósegui
language : en
Publisher: Springer Nature
Release Date : 2021-04-20
The Rule Of Law In Europe written by María Elósegui and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-20 with Law categories.
This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term “illiberal democracies” is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union’s sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts’ responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.
Militant Democracy
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Author : András Sajó
language : en
Publisher: Eleven International Publishing
Release Date : 2004
Militant Democracy written by András Sajó and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Civil rights categories.
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
International Terrorism Legal Challenges And Responses A Report By The International Bar Association S Task Force On Terrorism
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Author : IBA
language : en
Publisher: BRILL
Release Date : 2021-11-15
International Terrorism Legal Challenges And Responses A Report By The International Bar Association S Task Force On Terrorism written by IBA and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-15 with Law categories.
As a response to recent global terrorist activities, The International Bar Association (IBA) established a Task Force on International Terrorism which has examined the problems of modern terrorism from the perspective of the rule of law and international law and practice. In its recent report, reproduced here, The Task Force analyses the impact of recent terrorist events on international law and the response by both individual states and the international community. It explores areas of law which need to be further developed and promotes the fundamental values underpinning the international legal system. The report suggests means by which the international community can co-operate to deter, prevent and bring to justice the perpetrators of terrorist acts. Published under the Transnational Publishers imprint.
The Challenge Of Conflict International Law Responds
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Author : Ustina Dolgopol
language : en
Publisher: BRILL
Release Date : 2006-03-23
The Challenge Of Conflict International Law Responds written by Ustina Dolgopol and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-23 with Law categories.
This collection is an integrated body of essays that provides a comprehensive range of viewpoints on how international legal and political mechanisms can address the catastrophic consequences of deadly conflict in today’s world. The authors are drawn from a diverse range of disciplines encompassing law, peace studies, international relations and criminal justice and include judges, members of the military, academics, United Nations personnel and representatives of non-government organisations.
Collective Responses To Illegal Acts In International Law
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Author : Vera Gowlland-Debbas
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1990-09-21
Collective Responses To Illegal Acts In International Law written by Vera Gowlland-Debbas and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990-09-21 with Political Science categories.
Reading The Legal Case
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Author : Marco Wan
language : en
Publisher: Routledge
Release Date : 2012-08-06
Reading The Legal Case written by Marco Wan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-06 with Law categories.
This volume examines the nature, function, development and epistemological assumptions of the legal case in an interdisciplinary context. Using the question of ‘reading’ as a guiding principle, it opens up new ways of understanding case law and the doctrine of precedent by bringing the law into dialogue with the humanities. What happens when a legal case is read not only by lawyers, but by literary critics, by linguists, by philosophers, or by historians? How do film makers and writers adapt and transform legal cases in their work? How might one interpret fiction in the context of the historical development of the common law? The essays in this volume test the boundaries of the legal case as a genre by inviting perspectives from other disciplines, and in doing so also raise more fundamental questions of what constitutes law and legal thinking. This book will be of interest to anyone seeking a better understanding of the common law, the humanities, and the intersection between them.
The Oxford Handbook Of Comparative Law
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Author : Mathias Reimann
language : en
Publisher: Oxford University Press
Release Date : 2019-03-26
The Oxford Handbook Of Comparative Law written by Mathias Reimann 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 2019-03-26 with Law categories.
This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
Secession And European Union Law
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Author : N?ria Gonz?lez Campa??
language : en
Publisher: Oxford University Press
Release Date : 2024-05-23
Secession And European Union Law written by N?ria Gonz?lez Campa?? 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 2024-05-23 with Law categories.
Secession is a live issue in today's Western Europe. In the last decade, we have witnessed the consolidation of pro-independence movements in Scotland and Catalonia and in the near future, we might see their re-emergence or the rise of other pro-secession movements in other European regions. The response of the EU institutions to secession within EU Member States may well be based mainly on political considerations. However, since the EU is a community based on the rule of law, it has also to justify its position with normative arguments of principle. Secession and European Union Law provides such normative support, drawing on a pluralist reading of the relation between EU law and national law, to support the conclusion that EU law should respect domestic constitutional orders. This book studies secession within EU Member States through legal methodology: the theoretical-doctrinal analysis of concepts and institutions, considering the evolving reality and case law. The legal approach has three dimensions, given the three different legal orders that interact at the EU level: international law, EU law and national constitutional law. Based on Article 4 (2) TEU, the central claim of this book is that the EU duty to respect national identity and fundamental constitutional structures generate obligations to respect Member States' constitutional orders, provided that the values enshrined in the Article are not violated by the Member State affected. Topical and original, Secession and European Union Law reviews and rethinks key features of the EU and the EU legal order.
Kanyeihamba S Commentaries On Law Politics And Governance
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Author : Kanyeihamba, George W.
language : en
Publisher: LawAfrica Publishing Ltd
Release Date : 2015-02-01
Kanyeihamba S Commentaries On Law Politics And Governance written by Kanyeihamba, George W. and has been published by LawAfrica Publishing Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-01 with Law categories.
Justice Professor Dr. George W. Kanyeihamba is one of the leading jurists in the field of constitutional and human rights law. In the last three decades he has been a key protagonist in the metamorphosis that has seen Uganda emerge from tyranny and lawlessness to the present constitutional and political order. These essays address three thematic areas namely (i) Constitutional theory and practice - including anecdotes on the making of the 1995 Constitution (ii) Human rights and (iii) governance and development. The work illustrates the hurdles met in the implementation of the 1995 Constitution arising out of constricted political spaces; excessive powers of the executive; a weak and gullible legislature as well as a threatened but resilient Judiciary.