Описание: This book provides a theoretical framework which clarifies how different types of international norm conflicts can be solved efficiently. By drawing on Robert Alexy’s distinction between rules and principles, it develops a novel approach which helps better identify and conceptualise norm conflicts and their resolution. The book develops a unique method by which to identify norms of international law as rules and principles respectively. Using examples taken from different international legal regimes, such as international environmental law and international human rights law, it argues that it is indeed possible to distinguish between the two types of norms within the body of international law. It goes on to use this distinction to consider which tools are available at the international level to resolve conflicts involving either type of norm, highlighting their gaps and inefficiencies. Finally, it provides a new framework to be used for looking at international conflicts and provides several case studies which show that drawing the distinction between rules and principles can be a means by which scholars, judicial bodies and states may analyse ambiguous judicial decisions or international legal provisions, and thus foster greater clarity in the field of international law.
Автор: Andras Sajo, Michel Rosenfeld, Norman Dorsen, Susanna Mancini, Susanne Baer Название: Comparative Constitutionalism: Cases and Materials ISBN: 1684675502 ISBN-13(EAN): 9781684675500 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 48926.00 р. Наличие на складе: Поставка под заказ.
Описание: examines how the vast increase in international movements of people, capital, goods, ideas and information affects politics in and beyond nation-states, the rule of law and separation of powers, and fundamental rights. This casebook contains case excerpts from at least 40 countries in all continents.
Why did election monitoring become an international norm? Why do pseudo-democrats—undemocratic leaders who present themselves as democratic—invite international observers, even when they are likely to be caught manipulating elections? Is election observation an effective tool of democracy promotion, or is it simply a way to legitimize electoral autocracies? In The Pseudo-Democrat's Dilemma, Susan D. Hyde explains international election monitoring with a new theory of international norm formation. Hyde argues that election observation was initiated by states seeking international support. International benefits tied to democracy give some governments an incentive to signal their commitment to democratization without having to give up power. Invitations to nonpartisan foreigners to monitor elections, and avoiding their criticism, became a widely recognized and imitated signal of a government's purported commitment to democratic elections.Hyde draws on cross-national data on the global spread of election observation between 1960 and 2006, detailed descriptions of the characteristics of countries that do and do not invite observers, and evidence of three ways that election monitoring is costly to pseudo-democrats: micro-level experimental tests from elections in Armenia and Indonesia showing that observers can deter election-day fraud and otherwise improve the quality of elections; illustrative cases demonstrating that international benefits are contingent on democracy in countries like Haiti, Peru, Togo, and Zimbabwe; and qualitative evidence documenting the escalating game of strategic manipulation among pseudo-democrats, international monitors, and pro-democracy forces.
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.
Описание: This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable.The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded.After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Автор: Bonilla Maldonado Название: Constitutionalism of the Global South ISBN: 1107459400 ISBN-13(EAN): 9781107459403 Издательство: Cambridge Academ Рейтинг: Цена: 7445.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights.
Описание: William Stubbs (1825-1901) became Regius Professor of Modern History at Oxford in 1866. His research on medieval England, based on primary sources, was foundational in its field. Volume 2 of this influential three-volume study (published 1874-8) focuses on the development of Parliament and the royal prerogative.
Описание: William Stubbs (1825-1901) became Regius Professor of Modern History at Oxford in 1866. His research on medieval England, based on primary sources, was foundational in its field. Volume 1 of this influential three-volume study (published 1874-8) highlights the importance of Germanic and Anglo-Saxon traditions in English political institutions.
Описание: William Stubbs (1825-1901) became Regius Professor of Modern History at Oxford in 1866. His research on medieval England, based on primary sources, was foundational in its field. The final volume of this influential study (published 1874-8) focuses on Parliament around the time of the Hundred Years` War.
Описание: Dealmakingthe popular, award-winning self-defense book for everyone working in the film and television industryis now expanded (with more than 120 additional pages) and updated to include the latest legal rulings and entertainment technology developments. Addressing a general, non-attorney readership, it is a fascinating, highly accessible guide to current entertainment laws peculiarities, creative practices, and practical applications. Armed with Dealmaking, filmmakers can save themselves thousands of dollars in legal fees as they navigate the shark-infested waters of the entertainment business. Whether youre a producer, writer, director, or actor, Mark Litwak will help you make the most of your business dealings while steering you clear of the many contractual traps that may await you.
Название: Administrative law from the inside out ISBN: 1316612295 ISBN-13(EAN): 9781316612293 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection of twenty-one essays on administrative law provides a snapshot of cutting-edge thinking in this important field, which forms part of the practice of a large portion of the legal profession and affects the lives of all Americans from air quality to car safety and to social security.
Автор: Parpworth, Neil (associate Professor In Law, De Montfort University) Название: Constitutional administrative law 11e pa ISBN: 0198847122 ISBN-13(EAN): 9780198847120 Издательство: Oxford Academ Рейтинг: Цена: 5542.00 р. Наличие на складе: Поставка под заказ.
Описание: Constitutional and Administrative Law is a clear and concise text which allows students to easily get to the heart of the subject.
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