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Author: Gary J. Jacobsohn
Publisher: Harvard University Press
ISBN: 0674047664
Category : Law
Languages : en
Pages : 389
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Book Description
"Argues that a constitution acquires an identity through experience--from a mix of the political aspirations and commitments that express a nation's past and the desire to transcend that past. It is changeable but resistant to its own destruction and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. Jacobsohn argues that the presence of disharmony--both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate--is critical to understnading the theory and dynamics of constitutional identity"--Jacket.
Author: Gary J. Jacobsohn
Publisher: Harvard University Press
ISBN: 0674047664
Category : Law
Languages : en
Pages : 389
Get Book Here
Book Description
"Argues that a constitution acquires an identity through experience--from a mix of the political aspirations and commitments that express a nation's past and the desire to transcend that past. It is changeable but resistant to its own destruction and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. Jacobsohn argues that the presence of disharmony--both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate--is critical to understnading the theory and dynamics of constitutional identity"--Jacket.
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Category : Military planning
Languages : en
Pages : 0
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Book Description
Author: François Venter
Publisher: BRILL
ISBN: 9004481400
Category : Law
Languages : en
Pages : 310
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Book Description
In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without knowledge of foreign systems. A wealth of literature is available on practically all constitutional systems and the intricacies of their application. This, however, presents the constitutionalist with a formidable problem: Which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the core problems of comparability and appropriate comparative methodology in the realm of contemporary constitutionalism. The outcome is, however, not mere theorizing. Most of the text is devoted to an incisive application of the chosen comparative method to four geographically, historically, and culturally divergent, but thoroughly comparable, constitutional systems. In the course of the comparative exercise, contemporary constitutional dogma and constitutional mechanics are analyzed and explained, in many instances in their historical contexts, making the book itself a useful source of comparative and historical information.
Author: Antony Lentin
Publisher: Cambridge Scholars Publishing
ISBN: 1443878642
Category : Law
Languages : en
Pages : 205
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Book Description
According to the Law Journal in 1932, ‘No present-day figure on the Bench is of greater interest than Mr Justice McCardie’. A High Court Judge from 1916 to 1933, no twentieth-century judge was more conspicuous or controversial. To his critics, he was a ‘rogue judge’ whose headline-hitting pronouncements often angered his fellow judges, called down the ire of the Churches, provoked calls in Parliament for his removal and earned a public rebuke from the Prime Minister. To his admirers, he was ‘a Crusader on the Bench’, a pioneer who denounced outdated laws, strove to make the law meet the needs of modern society and boldly championed women’s causes, birth control and abortion. The Law Quarterly Review described him as ‘one of the most interesting men in the history of the English Bench.’
Author: Thilo Rensmann
Publisher: Springer
ISBN: 3319566636
Category : Law
Languages : en
Pages : 377
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Book Description
This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.
Author: Ramesh Chandra Thakur
Publisher: Cambridge University Press
ISBN: 1107041074
Category : Law
Languages : en
Pages : 355
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Book Description
This book relates the Responsibility to Protect to existing bodies of theory on the nature and foundations of political and international order.
Author: Roberta Cohen
Publisher: Rowman & Littlefield
ISBN: 9780815791355
Category : Political Science
Languages : en
Pages : 450
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Book Description
Since the end of the Cold War, increasing numbers of people have been forced to leave their homes as a result of armed conflict, internal strife, and systematic violations of human rights. Whereas refugees crossing national borders benefit from an established system of international protection and assistance, those who are displaced internally suffer from an absence of legal or institutional bases for their protection and assistance from the international community. This book analyzes the causes and consequences of displacement, including its devastating impact both within and beyond the borders of affected countries. It sets forth strategies for preventing displacement, a special legal framework tailored to the needs of the displaced, more effective institutional arrangements at the national, regional, and international levels, and increased capacities to address the protection, human rights, and reintegration and development needs of the displaced.
Author: William Anthony Lovett
Publisher: M.E. Sharpe
ISBN: 9780765603241
Category : Business & Economics
Languages : en
Pages : 244
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Book Description
A critical review of recent U.S. trade policies that have failed to enforce sufficient reciprocity and overall trade balance, with suggestions for policies that foster a more balanced and realistic pattern of world trade growth.
Author: Sebasti n S ez
Publisher: World Bank Publications
ISBN: 0821384112
Category : Political Science
Languages : en
Pages : 200
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Book Description
This book aims at contributing to address some of the challenge that developing countries, especially the least-developing countries, face in the design of trade in service policies and to provide governments with tools to better incorporate services in their export strategies, including negotiations and cooperation with trading partners, and unilateral reforms. This book helps to identify key policy challenges faced by developing country trade negotiators, regulatory policy officials and/or service suppliers. Management of both policy reforms and trade agreements requires investments in sounder regulatory regimes and the establishment of enforcement mechanisms to help countries gradually opening and mitigate any potential downside risks. A successful strategy requires a proper sequencing that through an orderly and transparent process allows to prepare for greater competition. Developing countries face serious resource and administrative constraints to adequately negotiate multiple services agreements that serve their trade interest. For many developing countries, the administrative burden of handling and negotiating multiple trade agreements has become a serious concern and this can hamper their opportunities to obtain adequate market access for their services exports. The book develops in detail the methodological framework for the construction of a database and the core elements that will comprise it, to help countries to organize and manage their services commitments. Little attention has been devoted to the organization/preparation and the development, assessment and conclusion of the negotiation process. The book presents a simulation exercise designed for policymakers, trade negotiators, and trade practitioners working in the area of services. This exercise will help them to better understand the preparatory and negotiating stages of the process leading to liberalization of trade in services.
Author: Pinar Gözen Ercan
Publisher: Springer
ISBN: 1137524278
Category : Political Science
Languages : en
Pages : 212
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Book Description
This study examines the relevance of the Responsibility to Protect (R2P) in responding to humanitarian challenges across the world. In proposing a number of revisionist alternatives, Ercan proposes a way forward for R2P, particularly regarding its Second and Third Pillars. Despite the debate shifting from a right to intervene towards a responsibility to protect, the conceptual and systemic limitations imposed on R2P via its institutionalisation have hampered its ability to consolidate change. In light of this, Ercan argues that R2P cannot make a positive contribution towards changing the international system without first being equipped with new powers.
