Автор: Tania Groppi, Marie-Claire Ponthoreau Название: The Use of Foreign Precedents by Constitutional Judges ISBN: 1849466599 ISBN-13(EAN): 9781849466592 Издательство: Bloomsbury Academic Рейтинг: Цена: 6334.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In 2007 the International Association of Constitutional Law established an Interest Group to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts. This results of the survey, presented here, gives us the best evidence yet of the existence, and extent, of a transnational constitutional dialogue between courts.
Автор: Simpson, Brian Название: Young people, social media and the law ISBN: 1138814431 ISBN-13(EAN): 9781138814431 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book critically confronts perceptions that social media has become a ‘wasteland’ for young people. Law has become preoccupied with privacy, intellectual property, defamation and criminal behaviour in and through social media. In the case of children and youth, this book argues, these preoccupations – whilst important – have disguised and distracted public debate away from a much broader, and more positive, consideration of the nature of social media. In particular, the legal tendency to consider social media as ‘dangerous’ for young people – to focus exclusively on the need to protect and control their online presence and privacy, whilst tending to suspect, or to criminalise, their use of it – has obscured the potential of social media to help young people to participate more fully as citizens in society. Drawing on sociological work on the construction of childhood, and engaging a wide range of national and international legal material, this book argues that social media may yet offer the possibility of an entirely different – and more progressive –conceptualisation of children and youth.
Автор: Charles O. Oyaya, Nana K. Poku Название: The Making of the Constitution of Kenya ISBN: 1472474562 ISBN-13(EAN): 9781472474568 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Making of the Constitution of Kenya examines the processes, issues and challenges of constitution making and governance in Kenya and the lessons that can be learned for others on the continent. It gives an invaluable insight into the normative and political complexities involved in evolving a truly democratic constitutional order in Africa.
Автор: Larik Joris Название: Foreign Policy Objectives in European Constitutional Law ISBN: 0198736398 ISBN-13(EAN): 9780198736394 Издательство: Oxford Academ Рейтинг: Цена: 19008.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Presenting the first comprehensive account of foreign policy objectives as a growing part of European constitutional law, this book examines the nature, functions, and potential of these objectives by approaching EU external relations law through both comparative constitutional analysis and international relations theory.
Автор: Sch?tze Название: Foreign Affairs and the EU Constitution ISBN: 1316617203 ISBN-13(EAN): 9781316617205 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Written by one of the leading constitutional scholars and experts on EU external relations, this collection of essays explores the European Union`s constitutional regime for foreign affairs - in particular, the relationship between European and international law, as well as the vertical and horizontal division of foreign affairs powers.
Автор: Jaime Rodr?guez-Arana Mu?oz Название: Recognition of Foreign Administrative Acts ISBN: 3319189735 ISBN-13(EAN): 9783319189734 Издательство: Springer Рейтинг: Цена: 18167.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book presents an analysis of the concept of the administrative act and its classification as `foreign`, and studies the administrative procedure for adopting administrative acts in a range of countries in and outside Europe.
Автор: Henderson Dan Fenno Название: Foreign Enterprise in Japan: Laws and Policies ISBN: 0807878731 ISBN-13(EAN): 9780807878736 Издательство: Mare Nostrum (Eurospan) Цена: 9907.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Foreign Enterprise in Japan: Laws and Policies
How does the U.S. Supreme Court shape constitutional and political development? In The Collision of Political and Legal Time, Kimberley Fletcher answers this question by analyzing the key role the Court has played in interpreting presidential decision-making in the area of foreign affairs since 1936. She reconsiders the Curtiss-WrightCourt, which instituted a new constitutional order that established plenary powers independent of congressional delegation. Fletcher also reexamines Japanese internment and detainee cases, demonstrating the entrenchment of the new constitutional order and how presidential ascendency becomes institutionalized. Other cases, such as Youngstown, illustrate how the Court, during a time of war, will check Executive power and authority.
The Collision of Political and Legal Time examines these cases and controversies in foreign policymaking through the twentieth and into the twenty-first centuries to show that the Court is not passive or constrained; it does not merely follow politics or the majority coalition. Through her nuanced analysis, Fletcher makes a larger argument about the role of the U.S. Supreme Court as an agent of change, which ultimately transforms power, shapes politics, and redirects history.
This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states’ foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit.
A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach.
The lack of recognition of the judiciary’s role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs.
Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.
Автор: Ackerman, Bruce A. Название: We the People, Volume 2, Transformations ISBN: 0674003977 ISBN-13(EAN): 9780674003972 Издательство: Harvard University Press Рейтинг: Цена: 8966.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This text argues that constitutional change, seemingly so orderly, and refined, has in fact been a revolutionary process from the first. It sets contemporary events, such as the Reagan revolution, in deeper, constitutional perspective and considers fundamental reforms that might resolve them.
Автор: Everson, Michelle Eisner, Julia Название: Making of a european constitution ISBN: 0415574455 ISBN-13(EAN): 9780415574457 Издательство: Taylor&Francis Рейтинг: Цена: 7042.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of 'procedural' constitutionalism.
Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial 'identification' of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a 'mythology' of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself.
European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of 'constitutional adjudication' but, as The Making of a European Constitution documents, rather through a practical process.
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