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Author: Armin von Bogdandy
Publisher: Oxford University Press
ISBN: 0198909365
Category : Law
Languages : en
Pages : 337
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Book Description
Many Europeans struggle to understand where EU-centred Europeanization has led them. The standard response - that their situation is sui generis, one of a kind - no longer holds. Brexit, conflicts over European financial transfers, immigration, or dubious judicial reforms in some Member States demand a more substantial answer. Against that background, The Emergence of European Society Through Public Law: A Hegelian and Anti-Schmittian Approach frames European integration by reconstructing European public law in light of Article 2 of the Treaty on European Union (TEU). According to Article 2, all Europeans today are part of one society. European integration may not have produced a European federal state, but it has helped create a European society. This society is intimately interwoven with European public law, as the Treaty characterizes it with 12 constitutional principles. The book interprets this statement as the manifesto, identity, and constitutional core of a democratic society. Thus, Europeans should understand that European integration has ushered in a European democratic society. Comprehensive and engaging, The Emergence of European Society Through Public Law examines the great debates of European public law and presents them in a new and forward-looking reconstruction. This new narrative of European legal integration will appeal to academics and students of EU law, constitutional and comparative law, sociology, political science, and legal history. The Emergence of European Society Through Public Law is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.
Author: Armin von Bogdandy
Publisher: Oxford University Press
ISBN: 0198909365
Category : Law
Languages : en
Pages : 337
Get Book Here
Book Description
Many Europeans struggle to understand where EU-centred Europeanization has led them. The standard response - that their situation is sui generis, one of a kind - no longer holds. Brexit, conflicts over European financial transfers, immigration, or dubious judicial reforms in some Member States demand a more substantial answer. Against that background, The Emergence of European Society Through Public Law: A Hegelian and Anti-Schmittian Approach frames European integration by reconstructing European public law in light of Article 2 of the Treaty on European Union (TEU). According to Article 2, all Europeans today are part of one society. European integration may not have produced a European federal state, but it has helped create a European society. This society is intimately interwoven with European public law, as the Treaty characterizes it with 12 constitutional principles. The book interprets this statement as the manifesto, identity, and constitutional core of a democratic society. Thus, Europeans should understand that European integration has ushered in a European democratic society. Comprehensive and engaging, The Emergence of European Society Through Public Law examines the great debates of European public law and presents them in a new and forward-looking reconstruction. This new narrative of European legal integration will appeal to academics and students of EU law, constitutional and comparative law, sociology, political science, and legal history. The Emergence of European Society Through Public Law is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.
Author: Costa Rica. Secretaría de Educación Pública
Publisher:
ISBN:
Category : Costa Rica
Languages : en
Pages : 792
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Book Description
Author: Calixto A. Armas Barea
Publisher: BRILL
ISBN: 9004482512
Category : Law
Languages : en
Pages : 668
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Book Description
This Liber Amicorum has been written by prominent colleagues and friends of Professor of Public International Law and former President of the International Court of Justice, José María Ruda (1924-1994). The collection celebrates a lifelong career devoted to the promotion of public international law and dedicated to the furtherance of international organisations including the United Nations General Assembly, the Security Council, the International Law Commission, and the International Labour Organization. In addition Professor Ruda has played a prominent role in a number of international tribunals while also occupying important government and public positions, particularly in South America. The content of the collection reflects these broad activities of Professor Ruda, both in his academic and practical achievements. Contributions in English, Spanish and French cover the fields of international law, humanitarian law and human rights; international disputes, territorial sovereignty and maritime law; and the law of economic integration.
Author: Damià Del Clot
Publisher: Liverpool University Press
ISBN: 1782847804
Category : Political Science
Languages : en
Pages : 209
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Book Description
For centuries, the Spanish state has proved to be an expert system for repressing political dissent and any threat that could jeopardize the maintenance of the status quo. It has done so using all the institutions and all the areas of power that were necessary, for the end has always justified the means. Carles Mundo, Catalan Minister of Justice, 2016-2017. There is no book in Spain that talks about lawfare. Nor is there a book that deals with the system of judicial repression of political dissidence deployed by the Franco regime. Nor is there a book that denounces the judicial system inherited from the dictatorial regime and that was later embodied in the 1978 Constitution. Lawfare (the combination of law and warfare) thus fills a void to the extent that it penetrates the authoritarian judicial system and highlights the democratic deficits of the Spanish judiciary. The politicization of justice began with the appointment, as president of the Constitutional Court, of a prominent member of the Peoples Party (Partido Popular PP) in 2013. Thereon started a process of judicialization of politics via reform of the Organic Law of the Court Constitutional. The referendums of November 9, 2014 and October 1, 2017 entailed the criminalization of the Catalan independence movement and a drastic reduction in fundamental rights linked to the exercise of political choice. This was confirmed by the judgment handed down by the Supreme Court in 2019, culminating in a lawfare strategy that has led to the criminal conviction of two presidents of the Generalitat Artur Mas and Joaquim Torra and the exile of a third president, Carles Puigdemont. Lawfare is the first book to link in a broad way the thinking of German jurists of the Nazi period to the training of judges in Spain both up to and during the Franco regime, and beyond. Published in collaboration with the Department of International History, London School of Economics
Author: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 9004530177
Category : Law
Languages : en
Pages : 1041
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Book Description
Author: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 9004530746
Category : Law
Languages : en
Pages : 945
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Book Description
Author: Gretchen Helmke
Publisher: Cambridge University Press
ISBN: 1139497162
Category : Political Science
Languages : en
Pages : 353
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Book Description
To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.
Author: Pablo Lucas Murillo de la Cueva
Publisher: Editorial Reus
ISBN: 8429020918
Category : Law
Languages : es
Pages : 168
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Book Description
El debate sobre la independencia de los jueces está presente en la vida pública desde que en 1985 se atribuyó a las Cortes la designación de todos los vocales del Consejo General del Poder Judicial. Aunque se reconoció la constitucionalidad de ese cambio, desde entonces se escucha que la Justicia está politizada porque esa designación parlamentaria contamina políticamente al órgano de gobierno del Poder Judicial y por extensión a todo él. Se ha llegado a denunciar ante la ONU la falta de independencia judicial en España. Además, se ha extendido en la carrera judicial la idea de que el Consejo no se preocupa de las condiciones en que trabajan los jueces, no les defiende cuando se les ataca ni premia a quienes más se esfuerzan y está más atento a las indicaciones de los órganos políticos o de los medios que a sus justas demandas. Esa amplia insatisfacción se ha manifestado en huelgas de jueces y en su apoyo a iniciativas dirigidas a reivindicar su independencia.
Author: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 9004530525
Category : Law
Languages : en
Pages : 981
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Book Description
The 2015 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is published as an English-Spanish bilingual edition. The print edition is available as a set of three volumes (9789004338524).
Author: Pan American Union. Division of Conferences and Organizations
Publisher:
ISBN:
Category :
Languages : en
Pages : 1370
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Book Description
