Описание: EU Criminal Justice and the Challenges of Diversity examines how questions of cultural difference between Member States` legal traditions are being constructed, addressed and resolved in the development of the European Union`s area of freedom, security and justice. Comparative and European lawyers from eight European countries come together to identify problems and suggest ways forward.
Автор: Wojciech Sadurski Название: Constitutional Justice, East and West ISBN: 9048184746 ISBN-13(EAN): 9789048184743 Издательство: Springer Рейтинг: Цена: 38433.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments?
Описание: This book considers the constitutional implications of legal integration regarding internal security matters in the EU. It argues that constitutional theory is crucial to addressing legality and accountability concerns raised by the legal practices of the EU`s `Area of Freedom, Security and Justice` (AFSJ).
This book presents a collection of essays on key topics and new perspectives on the EU's Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts.
Europe's area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law.
As the AFSJ becomes more and more intertwined with 'mainstream' EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important 'meta' issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas.
The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.
Автор: Maria Fletcher, Ester Herlin-Karnell, Claudio Matera Название: The European Union as an Area of Freedom, Security and Justice ISBN: 0367193450 ISBN-13(EAN): 9780367193454 Издательство: Taylor&Francis Рейтинг: Цена: 7042.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book presents a collection of essays on key topics and new perspectives on the EU's Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts.
Europe's area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law.
As the AFSJ becomes more and more intertwined with 'mainstream' EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important 'meta' issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas.
The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.
Описание: The Age of Deference traces the Court`s role in the rise of judicial deference to executive power since the end of World War II.
Автор: Antje du Bois-Pedain, Magnus Ulv?ng, Petter Asp Название: Criminal Law and the Authority of the State ISBN: 1509905138 ISBN-13(EAN): 9781509905133 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers and public lawyers address questions of criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the use of criminal law to suppress challenges to state authority; the purposes and mechanisms of state punishment; the value of coherence in legal systems; the interface between tort and crime; and the importance of doctrinal guidance in the application of criminal law. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance. (Series: Studies in Penal Theory and Penal Ethics, Vol. 6) Subject: Criminal Law, Constitutional Law, Legal Philosophy]
Автор: Eoin Daly Название: Rousseau`s Constitutionalism: Austerity and Republican Freedom ISBN: 150990347X ISBN-13(EAN): 9781509903474 Издательство: Bloomsbury Academic Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Despite Rousseau’s legacy to political thought, his contribution as a constitutional theorist is underexplored. Drawing on his constitutional designs for Corsica and Poland, this book argues that Rousseau’s constitutionalism is defined chiefly by its socially directive character. His constitutional projects are not aimed, primarily, at coordinating and containing state power in the familiar liberal-democratic sense. Instead, they are aimed at fostering the social conditions in which a fuller sense of freedom – understood broadly as non-domination – can be realised across all social domains. And in turn, since Rousseau views domination as being deeply embedded in complex social practices, his constitutionalism is aimed at fostering a radical austerity – social, economic and cultural – as its foil. In locating Rousseau’s constitutional projects within his social and political theory of servitude and domination, this book will challenge the predominant focus and orientation of contemporary republican theory. Leading republican thinkers have drawn on the historical republican canon to articulate a model of constitutionalism which is, on the whole, ‘liberal’ in focus and orientation. This book will argue that the more communitarian orientation of Rousseau’s constitutionalism – that is, its socially-directive focus – stems from a sophisticated and compelling account of the sources of unfreedom in complex societies, sources which are ignored or downplayed by the neo-republican literature. Rousseau embraces a communitarian social politics as part of his constitutional project precisely because, pessimistically, he views domination as being deeply embedded in the social relations of the liberal order.
Описание: Exploring how justice is delivered at a time of rapid technological transformation, Justice in the Digital State exposes urgent issues surrounding the modernisation of courts and tribunals. This cutting-edge research offers an authoritative and much-needed guide for navigating through the challenges of digital disruption.
Автор: Eoin Daly Название: Rousseau`s Constitutionalism: Austerity and Republican Freedom ISBN: 1509933131 ISBN-13(EAN): 9781509933136 Издательство: Bloomsbury Academic Рейтинг: Цена: 4592.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Despite Rousseau’s legacy to political thought, his contribution as a constitutional theorist is underexplored. Drawing on his constitutional designs for Corsica and Poland, this book argues that Rousseau’s constitutionalism is defined chiefly by its socially directive character. His constitutional projects are not aimed, primarily, at coordinating and containing state power in the familiar liberal-democratic sense. Instead, they are aimed at fostering the social conditions in which a fuller sense of freedom – understood broadly as non-domination – can be realised across all social domains. And in turn, since Rousseau views domination as being deeply embedded in complex social practices, his constitutionalism is aimed at fostering a radical austerity – social, economic and cultural – as its foil. In locating Rousseau’s constitutional projects within his social and political theory of servitude and domination, this book will challenge the predominant focus and orientation of contemporary republican theory. Leading republican thinkers have drawn on the historical republican canon to articulate a model of constitutionalism which is, on the whole, ‘liberal’ in focus and orientation. This book will argue that the more communitarian orientation of Rousseau’s constitutionalism – that is, its socially-directive focus – stems from a sophisticated and compelling account of the sources of unfreedom in complex societies, sources which are ignored or downplayed by the neo-republican literature. Rousseau embraces a communitarian social politics as part of his constitutional project precisely because, pessimistically, he views domination as being deeply embedded in the social relations of the liberal order.
Автор: Antje du Bois-Pedain, Magnus Ulvang, Petter Asp Название: Criminal Law and the Authority of the State ISBN: 1509932135 ISBN-13(EAN): 9781509932139 Издательство: Bloomsbury Academic Рейтинг: Цена: 6334.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law’s legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the political-ethical underpinnings of legitimate criminal law enforcement; the offence of treason; the importance of doctrinal guidance in the application of criminal law; the interface between tort and crime; and the purposes and mechanisms of state punishment. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance.
Автор: Breidenbach Michael D Название: Cambridge Companion to the First Amendment and Religious Lib ISBN: 1108405290 ISBN-13(EAN): 9781108405294 Издательство: Cambridge Academ Рейтинг: Цена: 5702.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book offers accessible, scholarly insights on the First Amendment and religious liberty to undergraduate and graduate students in philosophy, law, history, and religious studies. Recent Supreme Court cases concerning religious liberty and related controversies in American culture make this book of wide interest to the general public as well.
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