Описание: The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.
Описание: This book analyzes human rights in post-national contexts and demonstrates, through the case law of the European Court of Human Rights, that the Margin of Appreciation doctrine is an essential part of human rights adjudication. Current approaches have tended to stress the instrumental value of the Margin of Appreciation, or to give it a complementary role within the principle of proportionality, while others have been wholly critical of it. In contradiction to these approaches, this volume shows that the doctrine is a genuinely normative principle capable of balancing conflicting values. It explores to what extent the tension between human rights and politics, embodied in the doctrine, might be understood as a mutually reinforcing interplay of variables rather than an entrenched separation. By linking the interpretation of the Margin of Appreciation doctrine to a broader conception of human rights, understood as complex political and moral norms, this volume argues that the doctrine can assist in the formulation of the common good in light of the requirements of the Convention. (Series: Modern Studies in European Law, Vol. 76) Subject: Human Rights Law, European Law, Constitutional & Administrative Law]
Название: Judicial politics in mexico ISBN: 1138697826 ISBN-13(EAN): 9781138697829 Издательство: Taylor&Francis Рейтинг: Цена: 7195.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Analyzes the role the Supreme Court had in the highly anticipated democratization process and on the quality of democracy in Mexico.
Автор: F.L. Morton, Dave Snow Название: Law, Politics, and the Judicial Process in Canada, 4th Edition ISBN: 1552389901 ISBN-13(EAN): 9781552389904 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 8150.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Since the first edition of this popular text was published in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. Newly revised and updated, Law, Politics, and the Judicial Process in Canada, 4th Edition provides an introduction to the issues raised by the changing political role of Canadian judges. It includes over 40 new readings, including two all-new chapters on the Harper Conservatives and Aboriginal Law. Addressing current controversies, including the Canadian Judicial Council's investigations into Justice Robin Camp and Lori Douglas and the Trudeau Government's re-introduction of the Court Challenges Program, this book strives for competing perspectives, with many readings juxtaposed to foster debate. Taking a critical approach to the Charter of Rights and Freedoms and the growth of judicial power, editors F.L. Morton and Dave Snow provide an even-handed examination of current and ongoing issues. Law, Politics, and the Judicial Process in Canada, 4th Edition is the leading source for students interested in the Charter of Rights and Freedoms and the growth of judicial power in Canada.
Описание: The specific concern of this study is ‘politicization’ or the relationships between contests in national politics and the capacity for international cooperation. Progress towards fiscal harmonization in the European Community is selected as the substantive focus for the study, although the object is to learn from the EC rather than about it. The author argues that common EC policies usually reach fruition as complex compromises, derived from decisions based on the perceived effect on domestic politics and rivalries, rather than transnational neatness. Lack of political will is frequently blamed for delays in the acceptance of common policies, whereas the truth often lies in the fact that national governments believe that domestic political costs would be prohibitive. Politicization is studied in four major areas: 1. Identification, causes and effects 2. The effect on domestic politics and transnational cooperation in the EC 3. Effects on further ‘European integration’ 4. Deriving lessons from the EC for more general relationships between domestic politics and international cooperation.
Автор: Nunez, Jorge E. Название: Sovereignty conflicts and international law and politics ISBN: 1138636843 ISBN-13(EAN): 9781138636842 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Many conflicts throughout the world can be characterized as sovereignty conflicts in which two states claim exclusive sovereign rights for different reasons over the same piece of land. It is increasingly clear that the available remedies have been less than successful in many of these cases, and that a peaceful and definitive solution is needed. This book proposes a fair and just way of dealing with certain sovereignty conflicts. Drawing on the work of John Rawls in A Theory of Justice, this book considers how distributive justice theories can be in tune with the concept of sovereignty and explores the possibility of a solution for sovereignty conflicts based on Rawlsian methodology. Jorge E. Nunez explores a solution of egalitarian shared sovereignty, evaluating what sorts of institutions and arrangements could, and would, best realize shared sovereignty, and how it might be applied to territory, population, government, and law.
Автор: Christian Adam Название: The Politics of Judicial Review ISBN: 1137578319 ISBN-13(EAN): 9781137578310 Издательство: Springer Рейтинг: Цена: 12577.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book unites scholarship on law and politics with compliance research in the EU to shed light on the political role of a neglected dimension of litigation in the EU: the political role of governmental actions for annulment.
Название: Bandung, global history, and international law ISBN: 1107123992 ISBN-13(EAN): 9781107123991 Издательство: Cambridge Academ Рейтинг: Цена: 24394.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The 1955 Bandung Conference was a key moment in decolonization and the establishment of a new world order. This, the first sustained multi-disciplinary study of Bandung, explores the development of public international law from a Third World perspective as well as the place of Bandung within global intellectual history.
Автор: Kanetake, Machiko (university Of Amsterdam, The Netherlands) Название: Un security council and domestic actors ISBN: 1138858587 ISBN-13(EAN): 9781138858589 Издательство: Taylor&Francis Рейтинг: Цена: 24499.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book analyses the regulatory development for the UN Security Council`s exercise of authority with an original perspective of `proximity`-- a concept that refers to the `distance` between the UN Security Council`s authority to maintain `international` peace and security.
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