The Contribution Of International And Supranational Courts To The Rule Of Law
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The Contribution Of International And Supranational Courts To The Rule Of Law
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Author : Geert De Baere
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-11-27
The Contribution Of International And Supranational Courts To The Rule Of Law written by Geert De Baere 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 2015-11-27 with Law categories.
International and supranational courts are increasingly central to the development of a transnational rule of law. Except for insiders, the functioning and impact of these courts remain largely unknown. Addressing this gap, this innovative book examines the manner in which and the extent to which international courts and tribunals contribute to the rule of law at the national, regional, and international levels. With unique insights from members of the international judiciary, this authoritative book deals with the fundamental procedural and substantive legal principles, sources, tools of interpretation, and enforcement used by the respective judicial bodies. The rule of law-focused approach offers a unique opportunity for a thorough cross-case analysis of the differences and commonalities in the essential contributions of the respective courts and tribunals to international justice. The book also includes an in-depth theoretical framework and allows for the identification of fundamental principles and commonalities, as well as differences and contrasts between the different judicial bodies. In addition to students, researchers and scholars in international law, this timely and comprehensive study of international courts and their contributions will be an enlightening resource for legal practitioners and those involved with international justice.
Shaping Rule Of Law Through Dialogue
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Author : Filippo Fontanelli
language : en
Publisher: ISBS
Release Date : 2010
Shaping Rule Of Law Through Dialogue written by Filippo Fontanelli and has been published by ISBS this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
the role of the judges in the international legal order." --Book Jacket.
Rule Of Law At The Beginning Of The Twenty First Century
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Author : Martin Belov
language : en
Publisher:
Release Date : 2018
Rule Of Law At The Beginning Of The Twenty First Century written by Martin Belov and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Rule of law categories.
This book is a collaborative effort of 22 authors, striving to provide a multi-discursive analysis of the structural challenges to rule of law at the beginning of the twenty-first century. It proposes critical assessment of the adjustment of rule of law to the shifts and changes in the socio-legal context and in the institutional design on all levels of socio-legal relations - national, international and supranational - as well as in many spheres of the social life. Rule of Law at the Beginning of the Twenty-First Centuryputs forward a discussion on the capability of rule of law to cope with globalization, information revolution, financial capitalism, migration, social and political (dis)integration, terrorism, transnational corporate criminality, multilevel and supranational governance and constitutional pluralism. The book commences with deliberation on the conceptual, theoretical and normative features of rule of law. The aim is to advance discussion on the relationship between rule of law and other constitutional principles such as sovereignty, democracy, welfare state, subsidiarity and solidarity. Special emphasis is put on the role of the courts as well as on the investment arbitration for promotion or hindering of rule of law. Rule of law infringements are analyzed in comparative legal and socio-legal perspective in the light of the democratic backsliding hypothesis. Last but not least, the impact of migration on democracy, welfare state, solidarity and security as basic preconditions for well-established constitutional order based on rule of law is thoroughly researched.
Rule Of Law Human Rights And Judicial Control Of Power
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Author : Rainer Arnold
language : en
Publisher: Springer
Release Date : 2017-05-16
Rule Of Law Human Rights And Judicial Control Of Power written by Rainer Arnold and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-16 with Law categories.
Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
The Rule Of Law In World Affairs
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Author : william o. douglas
language : en
Publisher:
Release Date : 1961
The Rule Of Law In World Affairs written by william o. douglas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with categories.
Global Governance And The Emergence Of Global Institutions For The 21st Century
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Author : Augusto Lopez-Claros
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-23
Global Governance And The Emergence Of Global Institutions For The 21st Century written by Augusto Lopez-Claros 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 2020-01-23 with Law categories.
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
The Culture Of Judicial Independence
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Author : Shimon Shetreet
language : en
Publisher: Brill - Nijhoff
Release Date : 2014-06
The Culture Of Judicial Independence written by Shimon Shetreet and has been published by Brill - Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06 with Law categories.
This volume offers an in depth analysis of current issues of culture of judicial independence in comparative perspective by senior academics, judges and practitioners across jurisdictions. It deals with central topics that stand high in the academic and public discourse on the role of judges in society and in the system of government, their constitutional position, and the relations between top domestic courts and international and supra-national courts.
Courts Politics And Constitutional Law
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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2019-10-16
Courts Politics And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-16 with Law categories.
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Rule Of Law Dynamics
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Author : Michael Zurn
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-18
Rule Of Law Dynamics written by Michael Zurn 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 2012-06-18 with Law categories.
This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
The Role Of Courts In Contemporary Legal Orders
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Author : Martin Belov
language : en
Publisher:
Release Date : 2019
The Role Of Courts In Contemporary Legal Orders written by Martin Belov and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Courts categories.
The Role of Courts in Contemporary Legal Orders aims to address the rising importance of courts in contemporary legal orders. It explores the role of courts on national, international, supranational and global level. The book provides for a multi-discursive analysis - theoretical and comparative, exemplified with case-studies. This book is a timely and topical analysis of pressing issues related to the enhanced role of courts in politics and the increased impact of politics on courts. It explores fundamental issues such as the legitimacy of courts, judicial activism, theory and philosophy of judicial decision-making, and the impact of politics, ethics, logic and technology on legal argumentation. It provides an analysis of the role of courts in supranational and global constitutionalism. Furthermore, the role of constitutional courts, administrative courts and criminal courts as well as the most important international and supranational courts is critically assessed. Special attention is devoted to the role of courts in the context of democratic backsliding, illiberal democracies and populist constitutionalism. Key issues related to the impact of courts on environmental and human rights' protection are also addressed. The book finishes with the provocative chapter on the alternatives to courts.