The International Constitutional Order
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The International Constitutional Order
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Author : Erika de Wet
language : en
Publisher: Amsterdam University Press
Release Date : 2005-05-12
The International Constitutional Order written by Erika de Wet and has been published by Amsterdam University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-05-12 with International agencies categories.
This title can be previewed in Google Books - http://books.google.com/books'vid=ISBN9789056293871.
Peace Discontent And Constitutional Law
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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2021-05-24
Peace Discontent 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 2021-05-24 with Law categories.
This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.
The Constitutionalization Of International Law
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Author : Jan Klabbers
language : en
Publisher: OUP Oxford
Release Date : 2011-04-07
The Constitutionalization Of International Law written by Jan Klabbers and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-07 with Law categories.
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
The United Nations Charter As The Constitution Of The International Community
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Author : Bardo Fassbender
language : en
Publisher: BRILL
Release Date : 2009-04-07
The United Nations Charter As The Constitution Of The International Community written by Bardo Fassbender and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-07 with Business & Economics categories.
The “constitutionalization” of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from “classical” international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.
Global Constitutionalism In International Legal Perspective
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Author : Christine EJ Schwöbel
language : en
Publisher: BRILL
Release Date : 2011-03-21
Global Constitutionalism In International Legal Perspective written by Christine EJ Schwöbel and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-21 with Law categories.
Drawing on critical theories within and without the international legal discipline, this book offers a fresh approach to the debate on global constitutionalism – an approach that attempts to get beyond the liberal democratic trajectories in which it is currently entrenched.
The Future Of International Law
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Author : Marc Weller
language : en
Publisher: Polity
Release Date : 2013-02-19
The Future Of International Law written by Marc Weller and has been published by Polity this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-19 with Political Science categories.
Developments in international politics since the end of the Cold War point to a new international order in the twenty-first century. At its heart is international law. Global community values have been recognised as providing the basis for formal legal obligations, maintained and implemented by an international constitutional order. Ironically, however, this order is fundamentally challenged by the increasingly unilateralist attitude of the United States in world affairs, and its disregard for the underpinnings of the order that it was instrumental in creating. Marc Weller considers the future of international law in the context of the competition between the development of an international constitutional order on the one hand, and the tendency toward unipolarity on the other. If it continues, this tendency threatens to fatally undermine the international constitutional order that has been established thus far. This book offers new insights into the structure and workings of the international system for students and practitioners of international relations and international law. Its lively and accessible style will also appeal to the interested general reader.
Handbook On Global Constitutionalism
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Author : Anthony F. Lang, Jr.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-10-27
Handbook On Global Constitutionalism written by Anthony F. Lang, Jr. 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 2017-10-27 with categories.
This Handbook introduces scholars and students to the history, philosophy, and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy, and history, drawing on diverse frameworks and empirical data sets. Across them all, however, is a recognition that the international order cannot be understood without an understanding of constitutional theory. The Handbook will define this field of inquiry for the next generation by bringing together some of the leading contemporary scholars.
Transnational Constitutionalism
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Author : Nicholas Tsagourias
language : en
Publisher: Cambridge University Press
Release Date : 2007-07-19
Transnational Constitutionalism written by Nicholas Tsagourias 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 2007-07-19 with Law categories.
An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.
Routledge Handbook Of Constitutional Law In Greater China
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Author : Ngoc Son Bui
language : en
Publisher: Taylor & Francis
Release Date : 2022-12-29
Routledge Handbook Of Constitutional Law In Greater China written by Ngoc Son Bui and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-29 with Law categories.
The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts: Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws Part II: Structure. This part discusses the relationship between the party-state and the Chinese constitutional order; Chinese constitutionalism; constitutional aspects of city development under the SAR concept; constitutional review in Mainland China; a history of Taiwan’s ‘Council of Grand Justices’; and judicial review in both Hong Kong and Macau Part III: Rights, Society, and Economy. This part deals with Hong Kong’s National Security Law and its impact on the ‘one country, two systems model’; social movements and constitutionalism; LGBT rights advocacy; the integration of capitalist regions within socialist China; the constitutional relevance of labour reforms in Mainland China; healthcare rights in both the Mainland and the SARS; and foreign investment under Art. 18 of the PRC Constitution Part IV: Transnational Engagement. This part surveys comparative writings on China’s constitution; the influence of international human rights treaties on China’s constitutional order; the international dimension of Hong Kong’s constitutional order; and the changing role of the ‘overseas judges’ in Hong Kong Exploring both historical and cutting-edge constitutional issues, this reference book is important reading for law researchers, lawyers, graduate students, undergraduates, and practitioners in the field of constitutional law and politics in Mainland China, Taiwan, Hong Kong, and Macau.
A Confucian Constitutional Order
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Author : Jiang Qing
language : en
Publisher: Princeton University Press
Release Date : 2012-10-28
A Confucian Constitutional Order written by Jiang Qing 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 2012-10-28 with Political Science categories.
What a Confucian constitutional government might look like in China's political future As China continues to transform itself, many assume that the nation will eventually move beyond communism and adopt a Western-style democracy. But could China develop a unique form of government based on its own distinct traditions? Jiang Qing—China's most original, provocative, and controversial Confucian political thinker—says yes. In this book, he sets out a vision for a Confucian constitutional order that offers a compelling alternative to both the status quo in China and to a Western-style liberal democracy. A Confucian Constitutional Order is the most detailed and systematic work on Confucian constitutionalism to date. Jiang argues against the democratic view that the consent of the people is the main source of political legitimacy. Instead, he presents a comprehensive way to achieve humane authority based on three sources of political legitimacy, and he derives and defends a proposal for a tricameral legislature that would best represent the Confucian political ideal. He also puts forward proposals for an institution that would curb the power of parliamentarians and for a symbolic monarch who would embody the historical and transgenerational identity of the state. In the latter section of the book, four leading liberal and socialist Chinese critics—Joseph Chan, Chenyang Li, Wang Shaoguang, and Bai Tongdong—critically evaluate Jiang's theories and Jiang gives detailed responses to their views. A Confucian Constitutional Order provides a new standard for evaluating political progress in China and enriches the dialogue of possibilities available to this rapidly evolving nation. This book will fascinate students and scholars of Chinese politics, and is essential reading for anyone concerned about China's political future.