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Author: Luis I Gordillo
Publisher: Bloomsbury Publishing
ISBN: 1847319335
Category : Law
Languages : en
Pages : 410
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Book Description
The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.
Author: Luis I Gordillo
Publisher: Bloomsbury Publishing
ISBN: 1847319335
Category : Law
Languages : en
Pages : 410
Get Book Here
Book Description
The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolás Pérez Serrano Prize by the Centro de Estudios Políticos y Constitucionales, for the best dissertation in constitutional law 2009-2010.
Author: Pablo González Casanova
Publisher: New York : Oxford University Press
ISBN:
Category : Mexico
Languages : en
Pages : 272
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Book Description
Author: Marianela Cedeño Bonilla
Publisher: IUCN
ISBN: 9782831708188
Category : Gardening
Languages : en
Pages : 168
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Book Description
This book contains a selection of papers on various legal issues of interest to developing countries which have been prepared by Fellows from InWent who came to Germany between 2002 and 2004 from Africa, Asia, and Latin America to research and write about subjects of their choice at the IUCN Environmental Law Centre.
Author:
Publisher:
ISBN:
Category : Conflict of laws
Languages : es
Pages : 318
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Book Description
Author: David Delaney
Publisher: John Wiley & Sons
ISBN: 1405153059
Category : Social Science
Languages : en
Pages : 176
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Book Description
This short introduction conveys the complexities associated with the term "territory" in a clear and accessible manner. It surveys the field and brings theory to ground in the case of Palestine. A clear and accessible introduction to the complexities associated with the term "territory". Provides an interdisciplinary survey of the many strands of research in the field. Addresses specific areas including interpretations of territorial structures; the relationship between territoriality and scale; the validity and fluidity of territory; and the practical, social processes associated with territorial re-configurations. Stresses that our understanding of territory is inseparable from our understanding of power. Uses Israel/Palestine as an extended illustrative case study. The author’s strong legal and geographical background gives the work an authoritative perspective.
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: José María Serna de la Garza
Publisher:
ISBN:
Category : Asia
Languages : en
Pages : 508
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Book Description
Author: Nora Clichevsky
Publisher:
ISBN: 9781558441491
Category : Land use, Urban
Languages : en
Pages : 0
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Book Description
Vacant urban land--the product of land market activity, the actions of private agents, and the policies of public agents--is an important challenge for policy makers. Vacant lots on the urban fringe and in central and interstitial areas have affected growth patterns in Latin America. Contributors to this book analyze the problems and opportunities related to vacant urban land in five cities: Buenos Aires, Argentina; Rio de Janeiro, Brazil; Quito, Ecuador; Lima, Perú; and San Salvador, El Salvador.
Author: Federiga M. Bindi
Publisher: Brookings Institution Press
ISBN: 0815722524
Category : Law
Languages : en
Pages : 384
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Book Description
"Explores European foreign policy and the degree of European Union success in proposing itself as a valid international actor, drawing from the expertise of scholars and practitioners in many disciplines. Addresses issues past and present, theoretical and practice-oriented, and country- and region-specific"-- Provided by publisher.
Author: Georg Nolte
Publisher: Walter de Gruyter
ISBN: 3110907267
Category : Law
Languages : en
Pages : 936
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Book Description
The German Ministry of Defense decided in 2000 to commission a study comparing various European systems of military law. The present book contains not only the original study but also all national reports in English. It provides a comparative analysis of different European military law systems on the basis of national reports.
