Scales of Memory: Constitutional Justice and Historical Evil, Collings Justin
Автор: Caenegem Название: An Historical Introduction to Western Constitutional Law ISBN: 0521476933 ISBN-13(EAN): 9780521476935 Издательство: Cambridge Academ Цена: 10613.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Professor van Caenegem`s new book addresses fundamental questions of constitutional organisation by analysing different models of government through an historical perspective. The narrative focuses on Europe, the United States, and the Soviet Union and discusses constitutional, parliamentary, and federal forms of government.
Описание: This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the 'Area of Freedom, Security and Justice' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to 're-invent itself' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.
Описание: This book focuses on the methodology of research on historical memory and contributes to theoretical discussions concerning the use of historical memory as a variable to explain political action and social movement.
Описание: This book analyses the historical development of constitutional doctrines about private property in China. It compares the application of three exact doctrines - public use, just compensation and due procedure - in China, the United States, Germany and India, and predicts future progress and feasible measures for gradual reform in China.
Автор: Neumann & Thompson Название: Historical Justice And Memory ISBN: 0299304647 ISBN-13(EAN): 9780299304645 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 5010.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Historical Justice and Memory highlights the global movement for historical justice—acknowledging and redressing historic wrongs—as one of the most significant moral and social developments of our times. Such historic wrongs include acts of genocide, slavery, systems of apartheid, the systematic persecution of presumed enemies of the state, colonialism, and the oppression of or discrimination against ethnic or religious minorities.The historical justice movement has inspired the spread of truth and reconciliation processes around the world and has pushed governments to make reparations and apologies for past wrongs. It has changed the public understanding of justice and the role of memory. In this book, leading scholars in philosophy, history, political science, and semiotics offer new essays that discuss and assess these momentous global developments. They evaluate the strength and weaknesses of the movement, its accomplishments and failings, its philosophical assumptions and social preconditions, and its prospects for the future.
Описание: This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity.
Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of ‘harm’ that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.
Описание: How do you defend democracy? How do you protect your rights? How can you repeal a law that interferes with your sphere of rights? These are some of the questions that any citizen in a democratic country should know in order to enjoy his/her freedom and rights. Even a small country like Albania is no exception. New and modern Constitutions, aim to regulate the exercise of state power, based on the principle of separation of powers and to the respect for human rights and fundamental freedoms. Despite the fact that this important principle helps to control the activity between different state institutions, the history has shown that this has not always been an efficient solution. So, the world is full of examples where a parliamentary majority, that have come to power through democratic processes, has used its power to control the others power of a country and had violated the human rights and fundamental freedoms. For this reason, the drafters of the constitution after the Second World War in Western Europe and after the fall of communism in Eastern European countries, have established and regulated the creation of the Constitutional Court as an institution which can defend the sphere of the competencies of other institutions with constitutional nature and the protection of human rights and fundamental freedoms. This possibility can only be realized using procedural means, through which the Constitutional Court is put into motion. The purpose of this book is precisely, to analyze these procedural mechanisms with regard to the principles of the constitutional process, the jurisdictions, the admissibility of the applications, the procedural position of the parties, the terms and their calculation, procedural acts and evidence that can be used, as well as, procedural characteristics for each constitutional process. A good knowledge of these principles and rules of procedure helps the different applicants who presented themselves to the Constitutional Court to have higher chances to succeed and to be accepted instead of being dismissing because of procedural deficiencies. This book show all of this aspects in the content of the Albanian experience.
Описание: This book traces the development of constitutional courts in Latin America, and develops concepts such as judicial autonomy and authority. It aims to understand the design of judicial institutions and combines qualitative and quantitative evidence to explore the basic purpose of constitutional justice.
This academic work investigates various approaches for deciding on the grant of preliminary injunctions in patent litigation. These can be a highly effective remedy, but a decision to grant a preliminary injunction is taken early in the course of litigation and often under a cloud of uncertainty. If granted too easily or erroneously, preliminary injunctions can have negative consequences on competition and innovation. The author looks at (judicial) standards that have been developed in various national jurisdictions, Legal theory and Law and Economics. The lessons learned here can be of particular relevance for the future Unified Patent Court.
Описание: Simmons takes a broad look at the effect of new technologies and privacy, arguing that advances in technology can enhance our privacy and our security at the same time. This book will appeal to academics and students in the field of law, criminology, and political science, and will be of interest to policymakers, judges, lawyers, and lawmakers.
Описание: This book presents the case that liberal constitutionalism in the global South is a legacy of colonialism and is inappropriate as a means of securing effective peace in regions that have been subject to recurrent conflict.
Описание: An introduction to Immanuel Kant`s constitutional theory, and to the European system of rights protection, this book explains how European Court of Human Rights has become the most active and important rights-protecting court in the world through its manifestation as a Kantian cosmopolitan legal order.
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