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Author: Gloria M. Morán
Publisher: Universidade da Coruña, Servizo de Publicacións
ISBN:
Category : Political Science
Languages : es
Pages : 382
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Book Description
Author: Gloria M. Morán
Publisher: Universidade da Coruña, Servizo de Publicacións
ISBN:
Category : Political Science
Languages : es
Pages : 382
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Book Description
Author: Svetlana Tyulkina
Publisher: Routledge
ISBN: 1317664574
Category : Law
Languages : en
Pages : 236
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Book Description
The term ‘militant democracy’ was coined by Karl Loewenstein in the 1930s. He argued that attempts to establish democracy in the Weimar Republic failed due to the lack of militancy against subversive movements. The concept of militant democracy was introduced to legal scholarship and constitutional practice so as to provide democracy with legal means to defend itself against the range of possible activities of non-democratic political actors. This book offers a broad comparative look at the legal concept of militant democracy. It analyses both theoretical and substantive aspects of this concept, investigating its practice in a number of countries and on a diverse array of issues. Examining cases in Australia, Turkey, Spain, Germany, Israel, India, the USA, and the Council of Europe, Svetlana Tyulkina maps the historical development of militant democracy in constitutional theory and explores its interaction with various traditional and contemporary notions of democracy. The book analyses the possibilities and pitfalls of the concept of militant democracy when applied to protect democracy when it is under threat of harm or destruction by undemocratic actors, and suggests possible solutions and measures to overcome those dangers. In its evaluation of the capacity and justification for democracies to apply militant democracy measures, this book will be of great use and interest to students and scholars of public comparative constitutional law, international law, human rights law, and comparative politics.
Author: Tarlan Masmaliyeva
Publisher: Springer Nature
ISBN: 3031460111
Category : Law
Languages : en
Pages : 273
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Book Description
There are any number of studies on Turkish secularism. However, to date there has never been a comprehensive analysis of the constitutional protection of secularism, one that systematically covers all relevant aspects. Addressing that gap, this book presents a comprehensive and coherent analysis of the constitutional framework of this principle within the Turkish legal system. Secularism is a common fundamental principle of all three Turkish constitutions (1924, 1961, 1982). The principle has been granted an irrevocable status and has been strictly constructed within the Turkish constitutional system. Despite the guarantee of irrevocability, however, its interpretation and application have undergone a drastic transformation in response to changing social and political circumstances. Today, the complaints filed before the domestic and international judiciary predominantly concern the Turkish State’s neutrality and impartiality towards religion and the exercise of freedom of religion by religious minorities. While many observers have interpreted these problems in light of the contemporary policies pursued in the field of religion, a closer look reveals that the problem lies deeper in Turkey’s general constitutional framework. While the 1982 Constitution declares the principle as an unamendable characteristic of the Republic and protects it with multi-layered mechanisms, certain anti-democratic features of the Constitution, including the President’s predominant role in forming the high-ranking judiciary, affect the proper and consistent application of the principle of secularism. The consolidation of the secular state order depends on various factors other than a suitable constitution. However, it goes without saying that constitutions can help or hinder efforts to find solutions. Therefore, this book identifies the deficiencies in the Turkish constitutional and legal framework regarding the protection of secularism. It presents the historical development and definition of a secular state, analyzes the jurisprudence of the Turkish Constitutional Court and the European Court of Human Rights, studies the application of the party prohibition mechanism as a means of protecting the principle, and assesses the constitutional amendments of 2001, 2010 and 2017. Moreover, it proposes much-needed constitutional and legal amendments with a view to improving the application of the principle of secularism.
Author: Ergun Özsunay
Publisher: Kluwer Law International B.V.
ISBN: 9403529970
Category : Law
Languages : en
Pages : 394
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Turkey. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Turkey will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.
Author: Brigitte Marechal
Publisher: BRILL
ISBN: 9047402464
Category : Social Science
Languages : en
Pages : 632
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Book Description
This volume describes a clear and overall overview on contemporary European Islam, dealing with both Western and Eastern sides. Based on wide bibliographic research as well as original national contributions from recognised scholars, it is concerned with the process of construction of Islam as well as its co-inclusion in the European societies. Muslims in the Enlarged Europe has been selected by Choice as Outstanding Academic Title (2005).
Author:
Publisher:
ISBN:
Category : Intellectual property
Languages : en
Pages : 934
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Book Description
Author:
Publisher:
ISBN:
Category : Emigration and immigration law
Languages : en
Pages : 418
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Book Description
Author: John McGarry
Publisher: Routledge
ISBN: 1134145497
Category : Political Science
Languages : en
Pages : 460
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Book Description
A highly topical examination of the effect of European integration on relations between states and minority nations. This new collection brings together the leading specialists in the field, and covers a wide range of cases, from Northern Ireland in the West, to Estonia and Latvia in the East, and Cyprus in the South-East. The contributors assess how European integration has affected the preparedness of states to accommodate minorities across a range of fundamental criteria, including: enhanced rights protection; autonomy; the provision of a voice for minorities in the European and international arena; and the promotion of cross-border cooperation among communities dissected by state frontiers. The comprehensive chapters stress the importance of the nationality question, and the fact that, contrary to the hopes and beliefs of many on the left and right, it is not going to go away. Beginning with an introductory essay that summarizes the impact of European integration on the nationalities question, this accessible book will be of strong interest to scholars and researchers of politics, nationalism, ethnic conflict and European studies.
Author: María Dolores Gómez Penas
Publisher: Univ Santiago de Compostela
ISBN: 9788497505031
Category : Comparative literature
Languages : en
Pages : 252
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Book Description
Author: Joseph Roth
Publisher: Abrams
ISBN: 1590208447
Category : Fiction
Languages : en
Pages : 287
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Book Description
The author’s masterpiece, an epic saga of a family and an empire in decline, is “full of psychological penetration and tragic force” (The New Yorker). The Radetzky March, Joseph Roth’s classic novel of the Austro-Hungarian Empire, follows three generations of the privileged von Trotta family as Europe advances inexorably toward World War I. With a breadth and richness that draws comparison to Tolstoy, it encompasses the entire social fabric of Austro-Hungarian society. Shot through with dark humor and tragic irony, The Radetzky March is an unparalleled portrait of a civilization in decline, and as such a universal story for our times. “A masterpiece . . . The totality of Joseph Roth’s work is no less than a tragédie humaine achieved in the techniques of modern fiction. No other contemporary writer, not excepting Thomas Mann, has come close to achieving the wholeness . . . that Lukács cites as our impossible aim.” —Nadine Gordimer
