Democratic Governance and International Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Democratic Governance and International Law PDF full book. Access full book title Democratic Governance and International Law by Gregory H. Fox. Download full books in PDF and EPUB format.
Author: Gregory H. Fox
Publisher: Cambridge University Press
ISBN: 9780521667968
Category : Law
Languages : en
Pages : 604
Get Book Here
Book Description
PART V CRITICAL APPROACHES.
Author: Gregory H. Fox
Publisher: Cambridge University Press
ISBN: 9780521667968
Category : Law
Languages : en
Pages : 604
Get Book Here
Book Description
PART V CRITICAL APPROACHES.
Author: Gregory H. Fox
Publisher:
ISBN: 9781788114745
Category : Democracy
Languages : en
Pages : 944
Get Book Here
Book Description
At the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a 'democratic entitlement' was emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. Together with an original introduction, this volume collects the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent 'democratic recession' in many regions of the world.
Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1108843131
Category : Law
Languages : en
Pages : 349
Get Book Here
Book Description
Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.
Author: Anneli Albi
Publisher: Springer
ISBN: 9462652732
Category : Law
Languages : en
Pages : 1522
Get Book Here
Book Description
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Author: András Sajó
Publisher: Eleven International Publishing
ISBN: 9077596046
Category : Civil rights
Languages : en
Pages : 271
Get Book Here
Book Description
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Author: Rüdiger Wolfrum
Publisher: Springer Science & Business Media
ISBN: 3540777644
Category : Law
Languages : en
Pages : 423
Get Book Here
Book Description
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Author: Professor Jacques Lenoble
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409497127
Category : Law
Languages : en
Pages : 452
Get Book Here
Book Description
Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.
Author: Eyal Benvenisti
Publisher: BRILL
ISBN: 9004279121
Category : Law
Languages : en
Pages : 334
Get Book Here
Book Description
Also available as an e-book The book argues that the decision-making processes within international organizations and other global governance bodies ought to be subjected to procedural and substantive legal constraints that are associated domestically with the requirements of the rule of law. The book explains why law — international, regional, domestic, formal or soft — should restrain global actors in the same way that judicial oversight is applied to domestic administrative agencies. It outlines the emerging web of global norms designed to protect the rights and interests of all affected individuals, to enable public deliberation, and to promote the legitimacy of the global bodies. These norms are being shaped by a growing convergence of expectations of global institutions to ensure public participation and representation, impartiality and independence of decision-makers, and accountability of decisions. The book explores these mechanisms as well as the political and social forces that are shaping their development by analysing the emerging judicial practice concerning a variety of institutions, ranging from the UN Security Council and other formal organizations to informal and private standard-setting bodies.
Author: Tanja A. Börzel
Publisher: Cambridge University Press
ISBN: 1107183693
Category : Business & Economics
Languages : en
Pages : 381
Get Book Here
Book Description
Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.
Author: Brad R. Roth
Publisher:
ISBN: 9780199243013
Category : Law
Languages : en
Pages : 476
Get Book Here
Book Description
When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.
