Social Democracy And The Rule Of Law
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Social Democracy And The Rule Of Law
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Author : Otto Kirchheimer
language : en
Publisher: Routledge
Release Date : 2019-11-19
Social Democracy And The Rule Of Law written by Otto Kirchheimer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-19 with Law categories.
First published in 1987. The legal and political writings of the German Social Democrats Kirchheimer and Neumann, from the period prior to the National Socialist seizure of power, are little known to English readers. This volume presents a selection of important essays from this period, which focus on the prospects for the constitutional realization of a social democratic order in the first German Republic - the Weimar Republic, created out of the collapse of the monarchy in 1918, and destroyed by the National Socialists in 1933. Both Kirchheimer and Neumann were active as lawyers in the later 1920s and early 1930s, the latter especially having a close connection with trade union legislation and labour law. From their viewpoint as Social Democrats and lawyers they present incisive analyses of the problems confronted by the attempt to realize the ideal of a social Rechtsstaat in a political environment increasingly dominated by forces on left and right which saw constitutional order only as a means to seize power, and not as a legitimate form of order in itself. In these circumstances, political issues translated into constitutional issues, and thus could be analysed in terms of the aims and objectives of a given constitutional order. A substantial introduction by the volume’s editor, Keith Tribe, presents the political and theoretical background to these essays, which range over questions of industrial democracy, political representation, parliamentary rule and the role of judicial review. These issues are once more on the political agenda of Western industrial democracies, and the analyses of Kirchheimer and Neumann have lost none of their force and relevance, despite the catastrophic ‘failure’ of Weimar democracy in 1933.
Democracy And The Rule Of Law
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Author : Adam Przeworski
language : en
Publisher: Cambridge University Press
Release Date : 2003-07-21
Democracy And The Rule Of Law written by Adam Przeworski 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 2003-07-21 with Law categories.
This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.
Rule Of Law And Democracy
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Author :
language : en
Publisher: BRILL
Release Date : 2010-04-06
Rule Of Law And Democracy 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 2010-04-06 with Social Science categories.
Through a reappraisal of rule of law and democracy the contributors provide for a fresh set of inquiries, from the State, consolidated and transitional democracies, to interstate, European and global scenarios. They converge in tackling empirical and normative questions, and suggest further connections between rule of law and democracy.
The Future Of Social Democracy
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Author : Thomas Meyer
language : en
Publisher:
Release Date : 2007
The Future Of Social Democracy written by Thomas Meyer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Socialism categories.
In Today S Globalized World, Two Forces Are Competing For Dominance In Countries Governed By The Rule-Of-Law: Liberation Democracy And Social Democracy. For Liberation Democracy The Essential Constituents Of Social Freedom Are To Be Found In Self-Regulated Markets And The Unrestricted Right To Private Property. Social Democracy, On The Other Hand, Underlines The Importance Not Only Of Civil And Political Rights, But Also Basic Social And Economic Rights. It Calls For Social Safeguards To Be Regarded A Fundamental Right, Promotes Social Inclusion And Accords Priority To Political Responsibility Over Market Forces. As Economic And Social Risks Multiply In A Globalized World, Social Democracy Has A Role To Play Not Only Within Individual Societies But Also In Shaping The World Order As A Whole. This Books Shows Different Ways In Which Social Democracy Can Be Designed To Meet Future Needs. It Compares Various Models Of Social Democracy And Their Respective Contributions Towards The Legitimacy And Stability Of The Democratic Order.
The Constitution Of Social Democracy
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Author : Alan Bogg
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-07-09
The Constitution Of Social Democracy written by Alan Bogg and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-09 with Law categories.
This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, this collection considers whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.
Democracy And The Rule Of Law In China
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Author : Keping Yu
language : en
Publisher: BRILL
Release Date : 2010-05-20
Democracy And The Rule Of Law In China written by Keping Yu and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-20 with Social Science categories.
Democracy and the Rule of Law in China is intended to make available to English-language readers debates among prominent Chinese intellectuals and academics over issues of political, constitutional, and legal reform; modes of governance in urban and rural China; and culture and cultural policy. The writers included in this book are individuals whose views have drawn some attention in the formulation of party and government policy, including the editor, Yu Keping, a prominent party intellectual, vice-director of the Central Compilation and Translation Bureau.
Rule Of Law
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Author : Armando P. Ribas
language : en
Publisher: Stockcero, Inc
Release Date : 2012-02
Rule Of Law written by Armando P. Ribas and has been published by Stockcero, Inc this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02 with Philosophy categories.
There is a great confusion in the world and even more in that part of the world that considers itself as representing the Western civilization. This confusion arises in two realms: the semantics and the conceptual. The first of these confusions is the result of ignoring the ethical and the political philosophy antithesis between the Anglo-American philosophy and the Franco-German one. As Balint Vazsonyi once wrote, they are as different as day and night. At the same time, that philosophical confusion to which Dr Ribas refers as the syncretism of Western philosophy, is the pretentious nirvana of democracy in the West. Conceptually, democracy may be divided in two antithetical systems: the rule of law and the majority rule. Majority rule is the opposite of the protection of individual rights: to life, liberty, property and the pursuance of happiness. In this book Dr Armando P. Ribas exposes the fact that the apparent rights of the majorities are no more than the absolute power of governments in the name of the people, that constitutes the new deity. This is in Aristotelian terms demagoguery, and the reason why democracy fails in Latin America, as it happened in Europe where Hitler and Mussolini represented majority rule as the most common excuse: reason of the state.
Democracy And The Rule Of Law
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Author : Bob Fine
language : en
Publisher:
Release Date : 1984
Democracy And The Rule Of Law written by Bob Fine and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Law categories.
Abondoning the rational state.
Domestic Regimes The Rule Of Law And Democratic Social Change
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Author : David Kettler
language : en
Publisher: Galda & Wich Verlag
Release Date : 2001
Domestic Regimes The Rule Of Law And Democratic Social Change written by David Kettler and has been published by Galda & Wich Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Legal Right And Social Democracy
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Author : Neil MacCormick
language : en
Publisher: Oxford University Press, USA
Release Date : 1982
Legal Right And Social Democracy written by Neil MacCormick and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with History categories.