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.
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.
Автор: Paul J.J. Welfens Название: EU Eastern Enlargement and the Russian Transformation Crisis ISBN: 3642642993 ISBN-13(EAN): 9783642642999 Издательство: Springer Рейтинг: Цена: 15372.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: While some of the (early) Visegrad countries apparently were rather successful in their transition attempt, systemic transition approaches in other countries - Romania and Bulgaria - and, above all, in Russia largely were a failure.
Автор: Wallis Название: Constitution Making during State Building ISBN: 1107064716 ISBN-13(EAN): 9781107064713 Издательство: Cambridge Academ Рейтинг: Цена: 17424.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book argues that fragmented and divided societies that are not immediately compatible with centralised statehood can best adjust to state structures by emphasising the role of constitution making. It is the first attempt to conduct a detailed empirical study of the role played by the liberal-local-hybrid approach in state building.
Автор: Stephenson, Randall Название: Crisis of democratic accountability ISBN: 1509920811 ISBN-13(EAN): 9781509920815 Издательство: Bloomsbury Academic Рейтинг: Цена: 13464.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book undertakes a comparative study of the public interest and political speech defences in defamation law, particularly from the perspective of the misuse of democratic free expression justifications. Specifically, it argues that the law and legal approaches taken by leading courts and legislatures in the UK, Australia, New Zealand, Canada, and the United States – five common law comparators – are undertheorised, lack adequate criteria for determining the correct form of the defence, and would benefit from a more precise understanding of ‘democracy’, ‘accountability’, and ‘representation’. The book will be of great interest to scholars of free speech, defamation and public law.
Описание: In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. This book promotes a viable interdisciplinary alternative to these developments.
Описание: In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. This book promotes a viable interdisciplinary alternative to these developments.
Many critical theorists talk and write about the day after the revolution, but few have actually participated in the constitution of a revolutionary government. Emeritus Justice Albie Sachs was a freedom fighter for most of his life. He then played a major role in the negotiating committee for the new constitution of South Africa, and was subsequently appointed to the new Constitutional Court of South Africa. Therefore, the question of what it means to make the transition from a freedom fighter to a participant in a revolutionary government is not abstract, in Hegel's sense of the word, it is an actual journey that Albie Sachs undertook.
The essays in this book raise the complex question of what it actually means to make this transition without selling out to the demands of realism. In addition, the preface written by Emeritus Justice Albie Sachs and his interview with Drucilla Cornell and Karin van Marle, further address key questions about revolution in the twentieth- and twenty-first centuries: from armed struggle to the organization of a nation state committed to ethical transformation in the name of justice.
Albie Sachs and transformation in South Africa: from revolutionary activist to constitutional court judge illuminates the theoretical and practical experiences of revolution and its political aftermath. With first-hand accounts alongside academic interrogation, this unique book will intrigue anyone interested in the intersection of Law and Politics.
Автор: Beukers Thomas Название: Constitutional Change through Euro-Crisis Law ISBN: 1108704700 ISBN-13(EAN): 9781108704700 Издательство: Cambridge Academ Рейтинг: Цена: 6019.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book adopts a multilevel and comparative perspective to describe, analyse and critically assess the various euro-crisis law instruments, examining their implications for economic governance at both European and national level, and for the balance between the two.
Автор: Beukers Thomas Название: Constitutional Change through Euro-Crisis Law ISBN: 1107184495 ISBN-13(EAN): 9781107184497 Издательство: Cambridge Academ Рейтинг: Цена: 12355.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book adopts a multilevel and comparative perspective to describe, analyse and critically assess the various euro-crisis law instruments, examining their implications for economic governance at both European and national level, and for the balance between the two.
Автор: Robinson Kimberly Название: American Justice 2017: The Supreme Court in Crisis ISBN: 0812249976 ISBN-13(EAN): 9780812249972 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 3756.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
With the death of associate justice Antonin Scalia, the Supreme Court was plunged into crisis. Refusing to hold hearings or confirm the nominee of a Democratic president almost a year away from a presidential election, the Republican-controlled Senate held the court hostage, forcing it to do its work through nearly the entire term ending in June 2017 with just eight justices. In American Justice 2017: The Supreme Court in Crisis, Kimberly Robinson examines the way individual justices and the institution as a whole reacted to this unprecedented, politically fraught situation.
In public, the justices put on brave faces, waiting for the confirmation battle to play itself out, while indicating in occasional statements that the court would muddle through just fine. In private, though, things appear to have been more complicated. Narrow decisions, lackluster choice of cases, and odd bedfellows teaming up on the same sides of opinions and dissents give us a hint of the strenuous effort the eight justices made to uphold the integrity of the institution in the face of hurricane-force partisan gales.
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