The Legal Doctrines Of The Rule Of Law And The Legal State Rechtsstaat
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The Legal Doctrines Of The Rule Of Law And The Legal State Rechtsstaat
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Author : James R. Silkenat
language : en
Publisher: Springer
Release Date : 2014-05-28
The Legal Doctrines Of The Rule Of Law And The Legal State Rechtsstaat written by James R. Silkenat and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-28 with Law categories.
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
General Theory Of Law And State
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Author : Hans Kelsen
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2009
General Theory Of Law And State written by Hans Kelsen and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with International law categories.
Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.
Political Technology And The Erosion Of The Rule Of Law
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Author : Günter Frankenberg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-01-31
Political Technology And The Erosion Of The Rule Of Law written by Günter Frankenberg 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 2014-01-31 with Law categories.
This timely volume by distinguished scholar Günter Frankenberg offers a sophisticated analysis and sharp critique of the reactions of nations such as the US, Great Britain and Germany to perceived terrorist threats, organized crime actions and other political emergencies that have occurred in recent years.
The Rule Of Law
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Author : Franz Neumann
language : en
Publisher: Berg Publishers
Release Date : 1986
The Rule Of Law written by Franz Neumann and has been published by Berg Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Law categories.
Elgar Encyclopedia Of Public Management
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Author : Schedler, Kuno
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-08-16
Elgar Encyclopedia Of Public Management written by Schedler, Kuno 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 2022-08-16 with Political Science categories.
This comprehensive Encyclopedia is an essential reference text for students, scholars and practitioners in public management. Offering a broad and inter-cultural perspective on public management as a field of practice and science, it covers all the most relevant and contemporary terms and concepts, comprising 78 entries written by nearly 100 leading international scholars.
The Rule Of Law Freedom Of Expression And Islamic Law
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Author : Hossein Esmaeili
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-12-14
The Rule Of Law Freedom Of Expression And Islamic Law written by Hossein Esmaeili and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-14 with Law categories.
The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.
The Politics Of The Rule Of Law In The Eu Polity
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Author : Ramona Coman
language : en
Publisher: Springer Nature
Release Date : 2022-04-23
The Politics Of The Rule Of Law In The Eu Polity written by Ramona Coman and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-23 with Political Science categories.
This book analyses the challenges facing the European Union through the frame of the rule of law. It shows how over the last decades the increased dissensus and contestation of the rule of law has given rise to heightened tensions between national and EU institutions, leading to the establishment of new soft and hard policy tools to safeguard it at the supranational level. The book proposes a comprehensive and multifaceted analysis of the current state of debates by exploring how EU institutional actors seek to uphold the Union’s values. It shows that European integration in core state powers is the outcome of the clash between liberal and anti-liberal ideas, between dissensus and contestation over how collective problems should be solved, in a community of voices featuring assent and dissent, all of which give democracy its substance. Beyond the analysis of the emerging EU’s rule of law policy, the book will help readers to better understand the EU’s fragilities and resilience and the potential challenges for the future of EU integration.
Rule Of Law
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Author : International Association for Philosophy of Law and Social Philosophy. World Congress
language : de
Publisher:
Release Date : 1997
Rule Of Law written by International Association for Philosophy of Law and Social Philosophy. World Congress and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
Partial proceedings of the 17th World Congress of the International Association of Legal and Social Philosophy, held in Bologna, June 16-21, 1995.
Understanding The Rule Of Law
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Author : Geert Corstens
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-08-10
Understanding The Rule Of Law written by Geert Corstens and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-10 with Law categories.
The 'rule of law' is increasingly regarded as integral to liberal democracy, and its significance is frequently discussed by lawyers, academics, politicians and the media. But the meaning of the phrase is not always clear. What does 'the rule of law' mean exactly? And why is it so important to the democratic state and, above all, its citizens? In Understanding the Rule of Law, former president of the Dutch Supreme Court Geert Corstens paints a lively and accessible portrait of the rule of law in practice. The focus is on the role of the courts, where the tensions in a democratic state governed by the rule of law are often discussed and resolved. Using landmark judgments, Geert Corstens explains what judges do and why their work is valuable. What do minimum sentences and prisoners' voting rights have to do with each other? Why is there no easy answer to the question of whether a paedophile organisation should be banned? Why is it no joke when the Italian politician Silvio Berlusconi calls the judiciary 'the cancer of democracy'? Understanding the Rule of Law provides the answers to these and many other questions, and is essential reading for anyone interested in the state of democracy today.
Constitutional Justice
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Author : Trevor R. S. Allan
language : en
Publisher:
Release Date : 2001
Constitutional Justice written by Trevor R. S. Allan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Constitutional law categories.
"The book explains the essential connections between a range of matters critical to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The limits of parliamentary sovereignty are shown to derive from its status as a common law doctrine, when the common law is interpreted as a deliberative process of moral argument and justification. Legislative supremacy is qualified by a counter-balancing judicial sovereignty, ensuring the protection of fundamental common law rights of procedural fairness and equality."--BOOK JACKET.