Описание: This open access book explains why a democratic reckoning will start when European societies win the fight against COVID-19.
Have democracies successfully mastered the challenges of the pandemic? How has the coronavirus impacted democratic principles, processes and values? At the heels of the worst public health crisis in living memory, this book shines an unforgiving light on the side-lining of parliaments, the ruling by governmental decrees and the disenfranchisement of the people in the name of fighting COVID-19.
Pandemocracy in Europe situates the dramatic impact of COVID-19, and the fight against the virus, on Europe's democracies. Throughout its 17 contributions the book sets the theoretical stage and answers the democratic questions engaged by health emergencies. Seven national case studies - UK, Germany, Italy, Sweden, Hungary, Switzerland, and France - show, each time with a pronounced focus on a particular element of democracy, how different states reacted to the pandemic. The book also shifts the analytical gaze beyond the nation state towards international settings, looking at the effects on the European Union and considering the impact on populist movements.
Bridging disciplines and uniting a stellar cast of scholars on democracy, rule of law and constitutionalism, the book provides contours and nuances to a year of debates in political science, international relations and law on the impact of the virus on democracies.
In times of uncertainty, Pandemocracy in Europe provides analysis and answers to the democratic challenges of the coronavirus.
The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.
Название: Unity of public law? ISBN: 1509915184 ISBN-13(EAN): 9781509915187 Издательство: Bloomsbury Academic Рейтинг: Цена: от 5734.00 р. Наличие на складе: Есть
Описание: This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including the Chief Justices of Australia and New Zealand and appellate judges from Canada and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law. Subject: Constitutional Law & Administrative Law, Comparative Law]
Автор: Jon Elster, Roberto Gargarella, Vatsal Naresh, Bjorn Erik Rasch Название: Constituent Assemblies ISBN: 1108427529 ISBN-13(EAN): 9781108427524 Издательство: Cambridge Academ Рейтинг: Цена: 16474.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: From the eighteenth century to the present, constituent assemblies have shaped the framework of politics. They differ from ordinary legislatures in that the stakes are higher, and that decisions are shaped by interests, ideology, and also by passions. The contributions in this book range from case studies to comparative analyses and theoretical arguments.
Автор: Carissima Mathen Название: Courts Without Cases: The Law and Politics of Advisory Opinions ISBN: 1509922490 ISBN-13(EAN): 9781509922499 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their ‘advice’, and about the nature of law. Tracking their use in Canada since the country’s Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics. With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.
Автор: Heinz Klug, Sanele Sibanda, Sindiso Mnisi Weeks Название: The Rule of Law in South Africa ISBN: 1509957987 ISBN-13(EAN): 9781509957989 Издательство: Bloomsbury Academic Рейтинг: Цена: 13464.00 р. Наличие на складе: Нет в наличии.
Описание: This book explores and relates the contentious history of law in the geographic and socio-political space that becomes South Africa, with the contested conceptions of the rule of law reflected in the practice and academic analysis of law in South Africa in the past and present. The rule of law and its relationship to the legacies of colonial-apartheid is central to the continuing political and social conflict in post-apartheid South Africa. This is a history of contestation over the idea and use of law by official institutions and the multitude of social movements, political organisations, and communities who have turned to law to defend against abuse of power or to challenge authority and assert claims. These claims have been based in both official and unofficial law and have been asserted in the name of tradition, human rights, and/or international law. The book addresses the rule of law under colonialism and apartheid, during the democratic transition, and under South Africa’s existing constitutional order. It also considers extra-legal influences on the rule of law, such as the political economy of the country, and delves into the lived experience of the rule of law in a society where legal pluralism shapes the lives of large portions of the population.
Автор: Anne Carter, Joe Tomlinson Название: Facts in Public Law Adjudication ISBN: 1509957383 ISBN-13(EAN): 9781509957385 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores critical issues about how courts engage with questions of fact in public law adjudication. Although the topic of judicial review — the mechanism through which individuals can challenge governmental action — continues to generate sustained interest amongst constitutional and administrative lawyers, there has been little attention given to questions of fact. This is so despite such determinations of fact often being hugely important to the outcomes and impacts of public law adjudication. The book brings together scholars from across the common law world to identify and explore contested issues, common challenges, and gaps in understanding. The various chapters consider where facts arise in constitutional and administrative law proceedings, the role of the courts, and the types of evidence that might assist courts in determining legal issues that are underpinned by complex and contested social or policy questions. The book also considers whether the existing laws and practices surrounding evidence are sufficient, and how other disciplines might assist the courts. The book reconnects the key practical issues surrounding evidence and facts with the lively academic debate on judicial review in the common law world; it therefore contributes to an emerging area of scholarly debate and also has practical implications for the conduct of litigation and government policy-making.
Описание: This timely book provides the first systematic analysis of global public procurement regulation and policy during and beyond the COVID-19 pandemic.Through both thematic chapters and national case studies, this book:- explores the adequacy of traditional legal frameworks for emergency procurement;- examines how governments and international organisations have responded specifically to the pandemic; and - considers how the experience of the pandemic and the political impetus for reform might be leveraged to improve public procurement more broadly.Public procurement has been critical in delivering vital frontline public services both in the health sector and elsewhere, with procurement of ventilators, protective equipment and new hospitals all hitting the headlines. At the same time, procurers have faced the challenge of adjusting existing contracts to a new reality where, for example, some contracted services can no longer operate. Further, efficient and effective procurement will be an essential, and not a luxury, in the economic recovery.With case studies on Italy, the UK, the USA, India, Singapore, Africa, Latin America and China, the book brings together the world’s leading academics and practitioners from across Europe, the Americas, Asia and Africa to examine these issues, providing an essential resource for policy makers, legislators, international organisations and academics.This title is include included in Bloomsbury Professional's Local Government Law online service.
Автор: Wendy Parmet Название: Constitutional Contagion: COVID, the Courts, and Public Health ISBN: 100909615X ISBN-13(EAN): 9781009096157 Издательство: Cambridge Academ Рейтинг: Цена: 3166.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Constitutional law has helped make Americans unhealthy. Drawing from law, history, political theory, and public health research, Constitutional Contagion explores the history of public health laws, the nature of liberty and individual rights, and the forces that make a nation more or less vulnerable to contagion. In this groundbreaking work, Wendy Parmet documents how the Supreme Court departed from past practice to stymie efforts to mitigate the COVID-19 pandemic and demonstrates how pre-pandemic court decisions helped to shatter social contracts, weaken democracy, and perpetuate the inequities that made the United States especially vulnerable when COVID-19 struck. Looking at judicial decisions from an earlier era, Parmet argues that the Constitution does not compel the stark individualism and disregard of public health that is evident in contemporary constitutional law decisions. Parmet shows us why, if we are to be a healthy nation, constitutional law must change.
Описание: The book offers a new perspective to Korean legal history by focusing on the judicial role in constitutional authoritarianism in the context of Korea`s political and constitutional transitions. It can be used as an accessible textbook on modern Korea.
Автор: Landfried Christine Название: Judicial Power ISBN: 1108425666 ISBN-13(EAN): 9781108425667 Издательство: Cambridge Academ Рейтинг: Цена: 18216.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Featuring works by scholars and practitioners, this book offers an exciting analysis of the power of national and transnational constitutional courts. In times of rising populism, the authors examine the conditions under which constitutional courts can be a resource for democratic governance. Of interest to students, researchers, and practitioners.
Автор: Victor Ferreres Comella Название: The Constitution of Spain: A Contextual Analysis ISBN: 1849460167 ISBN-13(EAN): 9781849460163 Издательство: Bloomsbury Academic Рейтинг: Цена: 4275.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides a critical introduction to the principles and institutions that make up the Spanish Constitution, which was enacted in 1978.
Автор: Stanton Название: Criminalising Contagion ISBN: 1107091829 ISBN-13(EAN): 9781107091825 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume considers historical comparisons and the current laws in jurisdictions such as Canada, the United Kingdom and Norway in order to explore the question of if and when it is appropriate to criminalise the transmission of contagion.
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