Описание: In Global Constitutionalism and the Path of International Law, Surendra Bhandari succinctly offers an account of the most important growth and features of international law from the perspectives of global constitutionalism. The author examines the concept from its constitutive features and the operative standards or modus operandi. These two aspects offer a new and innovative methodology in explicating the theory of ‘global constitutionalism’. By examining three cases: international trade (WTO), human rights, and the role of Security Council, the author demonstrates how the idea of global constitutionalism is shaping and deepening the path of international law in the 21st century and elucidates the development of international law as a body of positive rules.
Автор: Tuori, Kaarlo Название: European constitutionalism ISBN: 1107451906 ISBN-13(EAN): 9781107451902 Издательство: Cambridge Academ Рейтинг: Цена: 6019.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The book explains why it is warranted to speak of the European constitution even after the debacle of the EU Constitutional Treaty. It explains how European constitutionalism seeks to achieve its legitimating task through its interaction with national constitutionalism.
Автор: Fombad Charles M., Steytler Nico Название: Democracy, Elections, and Constitutionalism in Africa ISBN: 0192894773 ISBN-13(EAN): 9780192894779 Издательство: Oxford Academ Рейтинг: Цена: 51325.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume examines democracy and elections in Africa, taking stock of the state of constitutional democracy on the continent after the democratic gains of the 1990s and 2000s, focusing on how competitive politics or multiparty democracy can be realized and how, through competition, such politics could lead to better policy and practice outcomes.
Автор: Fombad Charles M., Steytler Nico Название: Corruption and Constitutionalism in Africa ISBN: 0198855591 ISBN-13(EAN): 9780198855590 Издательство: Oxford Academ Рейтинг: Цена: 53509.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This edited collection explores the endemic corruption that has spread into every aspect of social, economic, and political life which is at the heart of the crisis of constitutionalism in Africa and draws attention to the need for remedial action.
Автор: Lollini Andrea Название: Constitutionalism and Transitional Justice in South Africa ISBN: 1845457641 ISBN-13(EAN): 9781845457648 Издательство: Berghahn Рейтинг: Цена: 16988.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.
Автор: Maurice Adams, Anne Meuwese, Ernst Hirsch Ballin Название: Constitutionalism and the Rule of Law: Bridging Idealism and Realism ISBN: 1316606279 ISBN-13(EAN): 9781316606278 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Rule of law and constitutional ideals are understood as necessary to create a just political order. This book explores how political reality and constitutional ideals mutually inform and influence one another.
Автор: Herlin-Karnell Ester, Klatt Matthias, Morales Zъсiga Hйctor a. Название: Constitutionalism Justified: Rainer Forst in Discourse ISBN: 0190889055 ISBN-13(EAN): 9780190889050 Издательство: Oxford Academ Рейтинг: Цена: 34945.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Constitutionalism Justified analyzes leading Frankfurt School theorist Rainer Forst's theory of a basic right to justification, unique in combining insights from philosophy, constitutionalism, and legal theory. Drawing upon Kant's critical philosophy and Habermas's discourse theory, he has developed fresh perspectives on core topics like the concept of justice, the relation between modernity and emancipation, and human rights. The contributors to this volume explore Forst's work from three different perspectives: philosophy, legal philosophy, and constitutional theory. The first part of this volume addresses the philosophical argument of the basic right to justification, including the influence of Kantian thought on this right, the deontological versus teleological fundamentals, the tension between moral pluralism and universalism, and the relation of the right to justification with social and distributive justice. The second part covers how the right to justification is embedded in constitutional and legal frameworks. It explores the implications that Forst's right to justification has for conceptualizing constitutional democracy and its foundations, and how the moral right to justification may translate into particular practices of justification that are constrained by a legal framework. This includes discussion of the value of constitutionalism in general, of the relation between the formal structure of democracy and substantive justice, of the inclusion of outsiders to the constitutional setting, and of proportionality analysis and judicial review as forms of justification. The book concludes with Rainer Forst's reply to his interlocutors, making the book a valuable source for future research.
Описание: Westphalian constitutionalism has shaped our understanding of politics, socio-political institutions and personal and political freedom for centuries. It is historically based in the foundations of Western modernity, such as humanism and rationalism, and is organised around familiar principles of national sovereignty, the rule of law, the separation of powers, and democracy. But since the end of the twentieth century, global constitutionalism has gradually emerged, challenging both the constitutional ideology and the constitutional design of Westphalian constitutional law. This book critically assesses the structural and functional transformations in the Westphalian constitutional tradition produced by the emergence of supranational and global constitutionalism. In so doing, it evaluates the theory of global constitutionalism, its legal and socio-political limits, and important issues concerning the supranational constitutionalism of the EU. This leads to an articulation of the constitutional theory of the emerging post-Westphalian constitutionalism, examining its development during a period of significantly increased access to and sharing of information, increased mobility and more open statehood, as well as the rise of human rights and its encounter with populism and nationalism. This book will be of great interest to scholars of constitutional law and theory, particularly those with an interest in globalisation and supranationalism.
Название: Governance and Constitutionalism ISBN: 0367519909 ISBN-13(EAN): 9780367519902 Издательство: Taylor&Francis Рейтинг: Цена: 6430.00 р. Наличие на складе: Поставка под заказ.
Описание: This collection studies the rise of neutral bodies or `independent agencies` as a challenge to the constitutional paradigm of the nation state.
Описание: What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? This book provides a unique and detailed examination of the consequences of the 'Jewish and democratic' definition. It explores how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law. It also considers the relationship between law and settler-colonialism, and how this relationship manifests itself in the constitutional order. The Dynamics of Exclusionary Constitutionalism offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of court cases and statutes as well as secondary sources, the book shows how the definition is deeply embedded in the constitutional structure, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Palestinian Arab citizens in Israel from the political process.
Mazen Masri's study is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society.
Описание: This major new work of constitutional theory looks at the relationship between constitutions and markets, and how it affects our understanding of citizenship and rights. It criticises the way in which thinking about markets at the national, European and global levels has deformed the democratic understanding of the constitution.
Автор: Ngoc Son Название: Confucian Constitutionalism in East Asia ISBN: 1138852066 ISBN-13(EAN): 9781138852068 Издательство: Taylor&Francis Рейтинг: Цена: 23734.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.
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