Описание: As Multilateral Development Banks increasingly gained influence in shaping global development, transnational social movements pushed to hold them accountable for their human rights impact towards communities. Leon Valentin Schettler presents a novel causal mechanism of movement advocacy towards MDBs, combining disruptive and conventional tactics. Systematically comparing the evolution of human rights standards and complaint mechanisms over the last three decades, he reveals how the combination of 1) declining US hegemony, 2) counter-mobilization by China and 3) movement cooptation by the World Bank bureaucracy led to a dilution of human rights accountability in the 2010s.
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes.
The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’.
The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law.
Anneli Albi is Professor of European Law at the University of Kent, United Kingdom.
Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Описание: Questions of citizenship and the role of constitutions in determining its boundaries are under scrutiny in this judicious and accessible analysis from Jo Shaw. With populism on the rise and debates about immigration intensifying, it draws on examples from around the world to set out the shifting boundaries of state inclusion and exclusion.
Описание: Questions of citizenship and the role of constitutions in determining its boundaries are under scrutiny in this judicious and accessible analysis from Jo Shaw. With populism on the rise and debates about immigration intensifying, it draws on examples from around the world to set out the shifting boundaries of state inclusion and exclusion.
Описание: This book offers perspectives from the ground on human rights and peace in Timor-Leste. Acknowledging the lack of autonomy on local actors in peace-making contexts, the book emphasizes the urgent need to facilitate the creation of political and social structures that can support and offer contextual rights and dignity for the Timorese community.
Автор: Vauleon Florian Название: Reading Jean-Jacques Rousseau Through the Prism of Chess ISBN: 047213163X ISBN-13(EAN): 9780472131631 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 8732.00 р. Наличие на складе: Нет в наличии.
Описание: Argues that Rousseau`s political theory, though allegedly inspired by Nature, found a perfect model in a game created by mankind; chess thus became a reference for his philosophical discourse and practice as well as a method to systematize Nature and organize society.
Описание: This book examines the social processes that lead to the evolution of legal norms with global constitutional standing in contemporary society. It makes an important contribution to the sociology of constitutional law, post-legal national legal processes and human rights law. This title is also available as Open Access.
Автор: Novak, Andrew Название: Transnational human rights litigation ISBN: 3030285456 ISBN-13(EAN): 9783030285456 Издательство: Springer Рейтинг: Цена: 19564.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality.The “sharing” of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks.Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.
Описание: This monograph traces the history of the dissident as a transnational phenomenon, exploring Soviet dissidents in Communist Central Europe from the mid-1960s until 1989.
Chapter 1. Introduction: Lawyers, Strategic Litigation, and the Transnational Judicial Dialogue.- Chapter 2. Applying the Lens of Transnational Advocacy Networks to Human Rights Litigation.- Chapter 3.Transnational Legal Citation as a Method of Norm Diffusion.- Chapter 4. Litigation and the Abolition of the Mandatory Death Penalty.- Chapter 5. BLitigation and the Decriminalization of Homosexuality.- Chapter 6: Conclusion: Transnational Litigation as part of a Comprehensive Human Rights Strategy.
Описание: Bringing together the full text of the rights provisions from the 13 original states and Vermont, this book presents America`s first tradition of rights on its own terms and as part of this country`s heritage of rights.
Описание: This multidisciplinary collection investigates the ways in which marriage and partner migration processes have become the object of state scrutiny, and the site of sustained political interventions in several states around the world. Covering cases as varied as the United States, Canada, Japan, Iran, France, Belgium or the Netherlands, among others, contributors reveal how marriage and partner migration have become battlegrounds for political participation, control, and exclusion. Which forms of attachments (towards the family, the nation, or specific individuals) have become framed as risks to be managed? How do such preoccupations translate into policies? With what consequences for those affected by them, in terms of rights and access to citizenship? The book answers these questions by analyzing the interplay between issues of security, citizenship and rights from the perspectives of migrants and policymakers, but also from actors who negotiate encounters with the state, such as lawyers, non-governmental organizations, and translators.
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