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Author: Christine EJ Schwöbel
Publisher: Martinus Nijhoff Publishers
ISBN: 9004191151
Category : Law
Languages : en
Pages : 218
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Book Description
Drawing on critical theories within and without the international legal discipline, this book offers a fresh approach to the debate on global constitutionalism – an approach that attempts to get beyond the liberal democratic trajectories in which it is currently entrenched.
Author: Christine EJ Schwöbel
Publisher: Martinus Nijhoff Publishers
ISBN: 9004191151
Category : Law
Languages : en
Pages : 218
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Book Description
Drawing on critical theories within and without the international legal discipline, this book offers a fresh approach to the debate on global constitutionalism – an approach that attempts to get beyond the liberal democratic trajectories in which it is currently entrenched.
Author: Takao Suami
Publisher: Cambridge University Press
ISBN: 1108417116
Category : History
Languages : en
Pages : 625
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Book Description
Examines and compares East Asian and European perspectives of Global Constitutionalism.
Author: Anthony F. Lang
Publisher: Edward Elgar Publishing
ISBN: 1802200266
Category : Political Science
Languages : en
Pages : 609
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Book Description
This thoroughly revised Handbook presents an up-to-date political and philosophical history of global constitutionalism. By exploring the constitutional-like qualities of international affairs, it provides key insight into the evolving world order.
Author: Gábor Halmai
Publisher:
ISBN: 9789462361133
Category : Comparative law
Languages : en
Pages : 0
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Book Description
This work investigates the problem of how constitutionality and the internationally increasingly accepted global principles of human rights can influence state action, which is still considered sovereign. International human rights regulations are of pre-eminence in this context since they are virtually, by definition, based on limitations of national constitutional law, in order to assert internationally shared constitutional principles. The evolution of international human rights - triggered by the Holocaust trauma - was the first serious challenge pertaining to any kind of domestic action within the sovereignty of states. This new type of global morality that manifests itself in international relations largely owes itself to the emergence of the notion that certain states bear responsibility for the horrors of World War II. The first part will review the resultant limitation of sovereignty in the context of the creation, amendment, and interpretation of national constitutions, seeking to answer the questions of how far the process of internationalization of (national0 constitutional law has progressed. The second part will address the constitutionalization of the small segment of international law that manifest itself in the assertion of international human rights standards in the case law of national courts.
Author: Beverley Baines
Publisher: Cambridge University Press
ISBN: 0521761573
Category : Law
Languages : en
Pages : 495
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Book Description
Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.
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: Nicholas Tsagourias
Publisher: Cambridge University Press
ISBN: 113946468X
Category : Law
Languages : en
Pages : 348
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Book Description
An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.
Author: Anne Peters
Publisher: Martinus Nijhoff Publishers
ISBN: 9004251634
Category : Law
Languages : en
Pages : 378
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Book Description
The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book consists of five parts: ‘State Immunity – National Practice’; State Immunity before the ICJ – The case Germany v Italy; ‘Commercial Activities and State Immunity’; ‘Immunity and Impunity’; and ‘Immunities of International Organisations’. Although immunities are in principle firmly anchored in international law, their precise legal implications are often unclear. The book takes up a number of new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.
Author: Anthony F. Lang, Jr.
Publisher: Edward Elgar Publishing
ISBN: 1783477350
Category : Law
Languages : en
Pages : 477
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Book Description
This Handbook introduces scholars and students to the history, philosophy, and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy, and history, drawing on diverse frameworks and empirical data sets. Across them all, however, is a recognition that the international order cannot be understood without an understanding of constitutional theory. The Handbook will define this field of inquiry for the next generation by bringing together some of the leading contemporary scholars.
Author: Poul F. Kjaer
Publisher: Routledge
ISBN: 1317804805
Category : Law
Languages : en
Pages : 226
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Book Description
This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society. The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner. In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory.