Автор: al-Jabri Mohammed Abed Название: Democracy, Human Rights and Law in Islamic Thought ISBN: 1780766505 ISBN-13(EAN): 9781780766508 Издательство: Bloomsbury Academic Рейтинг: Цена: 3958.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This lively interrogation of the building blocs of Western conceptions of a modern state is a classic text and is vital for all students of modern Islamic political thought.
This book provides an in-depth analysis of how constitutionalism and diversity can be friends and foes alike in contemporary multinational democracies. By focusing mainly on the dynamics between Quebec and Canada and comparing these with ongoing issues in Catalonia and Spain, Flanders and Belgium, and South Tyrol and Italy, the authors offer new insights into the public management of national diversity. In doing so, they sought to unpack the numerous challenges divided societies are facing.
The pieces that together form the title of this book are not merely of symbolic significance. Constitutionalism v Diversity: Essays on Federal Democracy echoes the four underlying principles of the Canadian Constitution that the Supreme Court of Canada identified in its famous 1998?Reference re Secession of Quebec. These are (1) federalism, (2) democracy, (3) constitutionalism and the rule of law, and (4) protection of minorities. While these four concepts are at the very core of both authors’ argument and approach, the Supreme Court of Canada’s Secession Reference is guiding them through the book by providing a robust and meaningful theoretical and analytical framework.
These principles appear as universal normative parameters societies should see as ideals to pursue and translate – while adapting their content to the specific context – into concrete institutions and practices. Even more today this book shows the great analytical value of these four principles to critically appraise of the way multinational liberal democracies in general and federal systems in particular are evolving.
Автор: Kenyon, Andrew T. Название: Democracy of expression ISBN: 1108731899 ISBN-13(EAN): 9781108731898 Издательство: Cambridge Academ Рейтинг: Цена: 4275.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Free speech has positive dimensions of enablement and negative dimensions of non-restraint. Both need protection in democracies, but free speech`s positive dimensions are too often overlooked. Drawing from media studies, political theory, and free speech case law, Kenyon shows how positive dimensions of free speech could be imagined and pursued.
Описание: State recognition of Islam in Muslim countries invites ?erce debate from scholars and politicians alike, some of whom assume an inherent con?ict between Islam and liberal democracy. Analyzing case studies and empirical data from several Muslim-majority countries, Ahmed and Abbasi ?nd, counterintuitively, that in many Muslim countries, constitutional recognition of Islam often occurs during moments of democratization. Indeed, the insertion of Islam in a constitution is frequently accompanied by an expansion, not a reduction, in constitutional human rights, with case law from higher courts in Egypt and Pakistan demonstrating that potential tensions between the constitutional pursuit of human rights, liberal democracy and Islam are capable of judicial resolution. The authors also argue that colonial history was pivotal in determining whether a country adopted the constitutional path of Islam or secularism partly explaining why Islam in constitutional politics survived and became more prevalent in Muslim countries that were colonized by the British, and not those colonized by the French or Soviets.
Описание: It is now more than a decade since the Right to Food Guidelines was negotiated, agreed and adopted internationally by states. This book provides a review of its objectives and the extent of success of its implementation.
Описание: This book shows the rise and morphology of a self-identified `illiberal democracy`, the first 21st century illiberal political regime arising in the European Union.
Описание: A new, comprehensive account of the South African Constitutional Court`s social rights decisions that argues that the Court`s procedural enforcement approach has had significant, underappreciated effects in spite of its substantive limits and could make state institutions more responsive to the needs of poor communities.
Автор: Alan Bogg, Jacob Rowbottom, Alison L Young Название: The Constitution of Social Democracy: Essays in Honour of Keith Ewing ISBN: 1509916571 ISBN-13(EAN): 9781509916573 Издательство: Bloomsbury Academic Рейтинг: Цена: 17424.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, the chapters in this collection consider whether legal norms can and should contribute to the constitution of social democracy. This collection could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.
Автор: Benedetta Barbisan, Cesare Pinelli, Giuliano Amato Название: Rule of Law vs Majoritarian Democracy ISBN: 150993684X ISBN-13(EAN): 9781509936847 Издательство: Bloomsbury Academic Рейтинг: Цена: 17424.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds?
Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation.
Описание: This book is for philosophers, legal scholars, and every reader who is interested in knowing more about the key concepts that help to stabilize states and the international order: human rights, democracy, and legitimacy. This volume shows the new challenges they will face in the conditions of disorder brought by the twenty-first century.
Описание: Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees’ private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the “accommodationist view”, which defers to religious requests, and the “analogous” view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.
Автор: Khan, Ayesha Название: Women`s movement in pakistan ISBN: 1838607080 ISBN-13(EAN): 9781838607081 Издательство: Bloomsbury Academic Рейтинг: Цена: 5384.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The military rule of General Zia ul-Haq, former President of Pakistan, had significant political repercussions for the country. Islamization policies were far more pronounced and control over women became the key marker of the state's adherence to religious norms. Women's rights activists mobilized as a result, campaigning to reverse oppressive policies and redefine the relationship between state, society and Islam. Their calls for a liberal democracy led them to be targeted and suppressed. This book is a history of the modern women's movement in Pakistan. The research is based on documents from the Women's Action Forum archives, court judgments on relevant cases, as well as interviews with activists, lawyers and judges and analysis of newspapers and magazines. Ayesha Khan argues that the demand for a secular state and resistance to Islamization should not be misunderstood as Pakistani women sympathizing with a western agenda. Rather, their work is a crucial contribution to the evolution of the Pakistani state. The book outlines the discriminatory laws and policies that triggered domestic and international outcry, landmark cases of sexual violence that rallied women activists together and the important breakthroughs that enhanced women's rights. At a time when the women's movement in Pakistan is in danger of shrinking, this book highlights its historic significance and its continued relevance today.
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