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.
Автор: Maartje de Visser Название: Constitutional Review in Europe: A Comparative Analysis ISBN: 1849469717 ISBN-13(EAN): 9781849469715 Издательство: Bloomsbury Academic Рейтинг: Цена: 6018.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book offers a comprehensive, comparative analysis of how 11 representative European countries tackle the questions of who (should) uphold(s) the Constitution and how constitutional review is organised.
Автор: Chris Backes, Mariolina Eliantonio Название: Cases, Materials and Text on Judicial Review of Administrative Action ISBN: 1509921478 ISBN-13(EAN): 9781509921478 Издательство: Bloomsbury Academic Рейтинг: Цена: 11878.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases.
The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems.
During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.
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.
Автор: Head, Michael (western Sydney University, Australia) Boehringer, Kristian Название: Legal power to launch war ISBN: 1138292087 ISBN-13(EAN): 9781138292086 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The issue of who has the power to declare war or authorise military action in a democracy has become a major legal and political issue, internationally, and is set to become even more pertinent in the immediate future, particularly in the wake of military action in Syria, ongoing wars in the Middle East, and tense discussions between the United States and its allies, and Russia and China.
This book comparatively examines the executive and prerogative powers to declare war or launch military action, focusing primarily on the United States, Britain and Australia. It explores key legal and constitutional questions, including:
who currently has the power/authority to declare war?
who currently has the power to launch military action without formally declaring war?
how, if at all, can those powers be controlled, legally or politically?
what are the domestic legal consequences of going to war?
In addition to probing the extensive domestic legal consequences of going to war, the book also reviews various proposals that have been advanced for interrogating the power to commence armed conflict, and explores the reasons why these propositions have failed to win support within the political establishment.
Автор: Contiades, Xenophon Название: Engineering Constitutional Change ISBN: 041552976X ISBN-13(EAN): 9780415529761 Издательство: Taylor&Francis Рейтинг: Цена: 24499.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This volume provides a holistic presentation of the reality of constitutional change in 18 countries (the 15 old EU member states, Canada, Switzerland and the USA). The essays offer analysis on formal and informal constitutional amendment bringing forth the overall picture of the parallel paths constitutional change follows, in correlation to what the constitution means and how constitutional law works. To capture the patterns of constitutional change, multi-faceted parameters are explored such as the interrelations between form of government, party system, and constitutional amendment; the interplay between constitutional change and the system of constitutionality review; the role of the people, civil society, and experts in constitutional change; and the influence of international and European law and jurisprudence on constitutional reform and evolution. In the extensive final, comparative chapter, key features of each country's amendment procedures are epitomized and the mechanisms of constitutional change are explained on the basis of introducing five distinct models of constitutional change. The concept of constitutional rigidity is re-approached and broken down to a set of factual and institutional rigidities. The classification of countries within models, in accordance with the way in which operative amending mechanisms connect, leads to a succinct portrayal of different modes of constitutional change engineering.
This book will prove to be an invaluable tool for approaching constitutional revision either for theoretical or for practical purposes and will be of particular interest to students and scholars of constitutional, comparative and public law.
Описание: Written by a team of criminal and public law practitioners, this is a comprehensive guide to challenging decisions of criminal courts and public bodies in the criminal justice system using judicial review.
Автор: Spyridon Flogaitis Название: The Evolution of Law and the State in Europe: Seven Lessons ISBN: 1849466440 ISBN-13(EAN): 9781849466448 Издательство: Bloomsbury Academic Рейтинг: Цена: 10296.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book, without claiming to deliver a comprehensive theory of Law and State, aims to inform by offering a fresh reading of history and institutions, particularly as they have developed in continental Europe and European political and legal science.
Автор: S?reide Название: Drivers Of Corruption ISBN: 146480401X ISBN-13(EAN): 9781464804014 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 3326.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This report provides an overview of arguments explaining the risk of corruption. Corrupt acts are subject to decision making authority and assets available for grabbing. These assets can be stolen, created by artificial shortage, or become available as the result of a market failure. Assets that are especially exposed to corruption include profits from the private sector, revenues from the export of natural resources, aid and loans, and the proceeds of crime. Whether or not opportunities for corruption are exploited depends on the individuals involved, the institution or society they are part of, and the law enforcement circumstances. Corruption usually persists in situations in which players are aware of the facts but nonetheless condone the practice. Absence of reaction can result from information asymmetries (in which the people who are supposed to act are not aware of the need to act), coordination failure, patronage-determined loyalty, and incentive problems at the political level. This review of results and insights from different parts of the scholarly literature on corruption focuses on areas where research can guide anticorruption policy. The report also describes a number of corruption-related challenges in need of more attention from researchers.
Описание: Inspired by the work of Professor Michael Taggart, this collection of essays from across the common law world is concerned with two separate but related themes. First, to what extent and by what means should review on substantive grounds such as unreasonableness be expanded and intensified? Jowell, Elliott and Varuhas all agree with Taggart that proportionality should not 'sweep the rainbow', but propose different schemes for organising and conceptualising substantive review. Groves and Weeks, and Hoexter evaluate the state of substantive review in Australia and South Africa respectively.
The second theme concerns the broader (Canadian) sense of substantive review including the illegality grounds, and whether deference should extend to these grounds. Cane and Aronson consider the relevance and impact of different constitutional and doctrinal settings. Wilberg and Daly address questions concerning when and how deference is to operate once it is accepted as appropriate in principle.
Rights-based review is discussed in a separate third part because it raises both of the above questions. Geiringer, Sales and Walters examine the choices to be made in settling the approach in this area, each focusing on a different dichotomy.
Taggart's work is notable for treating these various aspects of substantive review as parts of a broader whole, and for his search for an appropriate balance between judicial scrutiny and administrative autonomy across this entire area. By bringing together essays on all these topics, this volume seeks to build on that approach.
Автор: Fabbrini Federico Название: Economic Governance in Europe ISBN: 0198749139 ISBN-13(EAN): 9780198749134 Издательство: Oxford Academ Рейтинг: Цена: 16236.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Offering an comparative examination of the constitutional implications of the Euro-crisis on vertical and horizontal relations of power in the EU, this book proposes new ways in which to perfect the governance of Economic and Monetary Union.
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