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Author: Michelle Evans
Publisher: Springer
ISBN: 9789401788113
Category : Law
Languages : en
Pages : 223
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Book Description
Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.
Author: Michelle Evans
Publisher: Springer
ISBN: 9789401788113
Category : Law
Languages : en
Pages : 223
Get Book Here
Book Description
Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.
Author: Michelle Evans
Publisher: Springer
ISBN: 9401788103
Category : Law
Languages : en
Pages : 229
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Book Description
Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.
Author: Vikram Amar
Publisher: Oxford University Press
ISBN: 0195328116
Category : Law
Languages : en
Pages : 255
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Book Description
The authors introduce students to the various ways that nations other than the United States resolve contemporary constitutional questions. Covering both structural issues and individual rights, each chapter presents foreign case materials on a particular topic, comparing U.S and other nations' laws.
Author: Dualta Roughneen
Publisher: Cambridge Scholars Publishing
ISBN: 9781527507944
Category :
Languages : en
Pages : 167
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Book Description
Subsidiarity is not a new idea, having been discussed either implicitly or explicitly for centuries. From Aristotle to the International Criminal Court, subsidiarity has been considered a means of framing the interacting spheres of sovereignty and levels of responsibility between individuals and the social and political order. The Catholic Church and the European Union have put forward the two clearest definitions of subsidiarity, representing the social order in the former and the political order in the latter. This book explores the possibility of a new humanitarian principle: subsidiarity, which means recognising that, in humanitarian response, local populations can and should be best placed to make decisions and take action. It argues that the humanitarian system should be designed to support this in the first instance and only to take action and make decisions at a higher level when this can be justified by a humanitarian imperative and the exigencies of the context. Subsidiarity as a humanitarian principle offers the possibility of a decision making framework that puts disaster affected populations at the centre of humanitarian response.
Author: Machiko Kanetake
Publisher: Bloomsbury Publishing
ISBN: 1782256156
Category : Law
Languages : en
Pages : 489
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Book Description
This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.
Author: Ralf Alleweldt
Publisher:
ISBN: 9781910814574
Category : Political Science
Languages : en
Pages : 228
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Book Description
Subsidiarity as a principle in favour of decentralised decision-making is a cornerstone of the very legal construction of the EU. Yet, the question of how decision-making powers should be distributed between the EU and the member states is not, or only to a minimal extent, answered in Article 5 (3) of the Treaty on European Union (TEU). This collection draws on social science disciplines to go beyond a purely legal analysis to provide clarity over this principle as applied. With the help of theoretical exploration and empirical case studies the contributors identify significant variation in the implementation of the subsidiarity concept. By tracing the precise location of political authority at different levels of European governance they examine the pressures for effective decision-making despite the changing policy preferences of governments.
Author: Yehezkel Dror
Publisher: Taylor & Francis
ISBN: 1000055590
Category : Social Science
Languages : en
Pages : 203
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Book Description
Humanity must steer its evolution. As human knowledge moves a step ahead of Darwin’s theories, this book presents the emergence of human-made meta-evolution shaping our alternative futures. This novel process poses fateful challenges to humanity, which require regulation of emerging science and technology which may endanger the future of our species. However, to do so successfully, a novel ‘humanity-craft’ has to be developed; main ideologies and institutions need redesign; national sovereignty has to be limited; a decisive global regime becomes essential; some revaluation of widely accepted norms becomes essential; and a novel type of political leader, based on merit in addition to public support, is urgently needed. Taking into account the strength of nationalism and vested interests, it may well be that only catastrophes will teach humanity to metamorphose into a novel epoch without too high transition costs. But initial steps, such as United Nation reforms, are urgent in order to contain calamities and may soon become feasible. Being both interdisciplinary and based on personal experience of the author, this book adds up to a novel paradigm on steering human evolution. It will be of great interest to scholars and researchers of modern history, evolution sciences, future studies, political science, philosophy of action, and science and technology. It will also be of wide appeal to the general reader anxious about the future of life on Earth. Comments on the Corona pandemic add to the book’s concrete significance.
Author: Tom Flynn
Publisher: Bloomsbury Publishing
ISBN: 1509916180
Category : Law
Languages : en
Pages : 291
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Book Description
This book offers a new account of modern European constitutionalism. It uses the Irish constitutional order to demonstrate that, right across the European Union, the national constitution can no longer be understood on its own, in isolation from the EU legal order or from the European Convention on Human Rights. The constitution is instead triangular, with these three legal orders forming the points of a triangle, and the relationship and interactions between them forming the triangle's sides. It takes as its starting point the theory of constitutional pluralism, which suggests that overlapping constitutional orders are not necessarily arranged 'on top of' each other, but that they may be arranged heterarchically or flatly, without a hierarchy of superior and subordinate constitutions. However, it departs from conventional accounts of this theory by emphasising that we must still pay close attention to jurisdictional specificity in order to understand the norms that regulate pluralist constitutions. It shows, through application of the theory to case studies, that any attempt to extract universal principles from the jurisdictionally contingent interactions between specific legal orders is fraught with difficulty. The book is an important contribution to constitutional theory in general, and constitutional pluralism in particular, and will be of great interest to scholars in the field.
Author: Elena Griglio
Publisher: Bloomsbury Publishing
ISBN: 1509925708
Category : Law
Languages : en
Pages : 287
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Book Description
Oversight of executives has always been a key function of parliaments and one that is central to developing the relationship between the executive and legislative branches of government. However, in reality governments are taking a more pronounced role in controlling legislation, diluting the influence of parliament. This book plots this trend in parliaments across Europe, to illustrate points of convergence and divergence. In so doing, it suggest tools and methods that parliaments can develop to bolster their crucial oversight role.
Author: Ran Hirschl
Publisher: Oxford University Press
ISBN: 0190922796
Category : Law
Languages : en
Pages : 273
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Book Description
More than half of the world's population lives in cities; by 2050, it will be more than three quarters. Projections suggest that megacities of 50 million or even 100 million inhabitants will emerge by the end of the century, mostly in the Global South. This shift marks a major and unprecedented transformation of the organization of society, both spatially and geopolitically. Our constitutional institutions and imagination, however, have failed to keep pace with this new reality. Cities have remained virtually absent from constitutional law and constitutional thought, not to mention from comparative constitutional studies more generally. As the world is urbanizing at an extraordinary rate, this book argues, new thinking about constitutionalism and urbanization is desperately needed. In six chapters, the book considers the reasons for the "constitutional blind spot" concerning the metropolis, probes the constitutional relationship between states and (mega)cities worldwide, examines patterns of constitutional change and stalemate in city status, and aims to carve a new place for the city in constitutional thought, constitutional law and constitutional practice.
