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Author: Rainer Arnold
Publisher: Springer
ISBN: 3319551868
Category : Law
Languages : en
Pages : 444
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Book Description
Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Author: Rainer Arnold
Publisher: Springer
ISBN: 3319551868
Category : Law
Languages : en
Pages : 444
Get Book Here
Book Description
Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Author: Independent International Commission on Kosovo
Publisher: Oxford University Press
ISBN: 0199243093
Category : History
Languages : en
Pages : 380
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Book Description
The war in Kosovo was a turning point: NATO deployed its armed forces in war for the first time, and placed the controversial doctrine of 'humanitarian intervention' squarely in the world's eye. It was an armed intervention for the purpose of implementing Security Council resolutions-but without Security Council authorization.This report tries to answer a number of burning questions, such as why the international community was unable to act earlier and prevent the escalation of the conflict, as well as focusing on the capacity of the United Nations to act as global peacekeeper.The Commission recommends a new status for Kosovo, 'conditional independence', with the goal of lasting peace and security for Kosovo-and for the Balkan region in general. But many of the conslusions may be beneficially applied to conflicts the world-over.
Author: Stephen Tierney
Publisher: OUP Oxford
ISBN: 0191629081
Category : Law
Languages : en
Pages : 352
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Book Description
The use of referendums around the world has grown remarkably in the past thirty years and, in particular, referendums are today deployed more than ever in the settlement of constitutional questions, even in countries with little or no tradition of direct democracy. This is the first book by a constitutional theorist to address the implications of this development for constitutional democracy in a globalizing age, when many of the older certainties surrounding sovereignty and constitutional authority are coming under scrutiny. The book identifies four substantive constitutional processes where the referendum is regularly used today: the founding of new states; the creation or amendment of constitutions; the establishment of complex new models of sub-state autonomy, particularly in multinational states; and the transfer of sovereign powers from European states to the European Union. The book, as a study in constitutional theory, addresses the challenges this phenomenon poses not only for particular constitutional orders, which are typically structured around a representative model of democracy, but for constitutional theory more broadly. The main theoretical focus of the book is the relationship between the referendum and democracy. It addresses the standard criticisms which the referendum is subjected to by democratic theorists and deploys both civic republican theory and the recent turn in deliberative democracy to ask whether by good process-design the constitutional referendum is capable of facilitating the engagement of citizens in deliberative acts of constitution-making. With the referendum firmly established as a fixture of contemporary constitutionalism, the book addresses the key question for constitutional theorists and practitioners of how might its operation be made more democratic in age of constitutional transformation.
Author: Sabrina P. Ramet
Publisher: Central European University Press
ISBN: 9633860741
Category : Political Science
Languages : en
Pages : 466
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Book Description
This volume is driven by the conviction that the key to the establishment of stable liberal democracy anywhere in the world and, in this case, in Kosovo lies in the completion of three interrelated tasks: first, the creation of effective political institutions, based on the principle of the separation of powers (including the independence of the judiciary); second, the promotion of the rule of law; and, third, the promotion of civic values, including tolerance or ethnic/religious/sexual minorities, trust, and respect for the harm principle. In fact, there are problems across all three measures, including with judicial independence, with the rule of law, and with civic values. On the last of these, research findings show that the citizens of Kosovo rank extremely low on trust of other citizens, low on engagement in social organizations, and tolerance of gays, lesbians, and atheists, but high on trust in the political institutions of their country and in pride of their newly independent state.
Author: Anna Di Lellio
Publisher: Anthem Press
ISBN: 0857287125
Category : Political Science
Languages : en
Pages : 235
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Book Description
This book makes the case for the independence of Kosova – the former province of 'old-Yugoslavia' and now temporarily a United Nations-led International protectorate – at a time in which international diplomacy is deeply involved in solving the contested issue of its 'Final Status'. The aim of the book is to counteract the anti-Albanian propaganda waged by some parties, but never to propose a counter-propaganda hostile to others or to the goals of a democratic Kosova.
Author: Maria Marczewska-Rytko
Publisher: Verlag Barbara Budrich
ISBN: 3847411101
Category : Political Science
Languages : en
Pages : 352
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Book Description
Since the collapse of the Soviet Union the political history of Central and Eastern Europe has been mainly the story of arise, consolidation, transformation and struggles of new democratic regimes and societies. The handbook offers an instructive approach to that history focusing on the relevance of practices and institutions of direct democracy. It collects 20 political analyses of direct democracy in 20 Central and Eastern European countries after 1989.
Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1108905048
Category : Law
Languages : en
Pages : 291
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Book Description
Constitution-making is a major event in the life of a country, with constitutions often acting as a catalyst for social and political transformation. But what determines the visions, aspirations and compromises that go into a written constitution? In this unique volume, constitution makers from countries around the world come together to offer their insights. Using a collection of case studies from countries with recently written constitutions, Constitution Makers on Constitution Making provides a common framework to explain how constitutions are created. Scholars and practitioners very close to the process illuminate critical insights into how participants see constitutional options, how deadlocks are broken, and how changes are achieved. This vital volume also draws lessons concerning the role of courts in policing the process, on international involvement, and on public participation.
Author: Rainer Arnold
Publisher: Springer
ISBN: 940177465X
Category : Law
Languages : en
Pages : 244
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Book Description
The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.
Author: Albert P. Blaustein
Publisher:
ISBN:
Category : Constitutions
Languages : en
Pages : 1322
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Book Description
Author: Marc Weller
Publisher:
ISBN:
Category : European Union countries
Languages : en
Pages : 104
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Book Description
This account of the complex negotiation process on the final status of Kosovo analyses how the international community ended up with the very result of independence that it had most wanted to avoid at the outbreak of the crisis. It tracks the process from the initial negotiations in Vienna in 2006 to Kosovo's unilateral declaration of independence in February 2008.
