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Author: Christoph Bezemek Publisher: Bloomsbury Publishing ISBN: 1509942726 Category : Law Languages : en Pages : 235
Book Description
Constitutionalism is in crisis. And the crisis unfolds not only on a national or a regional level. It is a global phenomenon: Democracy is no longer on the rise, the Rule of Law appears weakened, political cohesion seems to erode. Human Rights Protection finds itself questioned, International Criminal Law struggles for broad recognition, international trade may have lost some of its appeal. Institutional actors find their authority questioned, established political parties are threatened by ever-changing popular movements. But where to does the charted road lead? How will the “Crisis of Constitutionalism” unfold in the years to come? Nobody knows, of course. But at the same time: Nobody is too keen to make an educated guess either. This volume remedies that. By giving nine eminent scholars in law and political science the opportunity to make their predictions, where the constitutionalist project will stand ten years from now, it creates a forum of deliberation that will not only aim at anticipating the developments in question but at the same time shape academic discourse on constitutionalism alongside it.
Author: Christoph Bezemek Publisher: Bloomsbury Publishing ISBN: 1509942726 Category : Law Languages : en Pages : 235
Book Description
Constitutionalism is in crisis. And the crisis unfolds not only on a national or a regional level. It is a global phenomenon: Democracy is no longer on the rise, the Rule of Law appears weakened, political cohesion seems to erode. Human Rights Protection finds itself questioned, International Criminal Law struggles for broad recognition, international trade may have lost some of its appeal. Institutional actors find their authority questioned, established political parties are threatened by ever-changing popular movements. But where to does the charted road lead? How will the “Crisis of Constitutionalism” unfold in the years to come? Nobody knows, of course. But at the same time: Nobody is too keen to make an educated guess either. This volume remedies that. By giving nine eminent scholars in law and political science the opportunity to make their predictions, where the constitutionalist project will stand ten years from now, it creates a forum of deliberation that will not only aim at anticipating the developments in question but at the same time shape academic discourse on constitutionalism alongside it.
Author: Jeffrey Rosen Publisher: Rowman & Littlefield ISBN: 0815722133 Category : Law Languages : en Pages : 284
Book Description
At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a few decades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change. Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world. The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre
Author: Juliano Zaiden Benvindo Publisher: Bloomsbury Publishing ISBN: 1509934979 Category : Law Languages : en Pages : 265
Book Description
This book provides a broad perspective of the functioning, evolution, and dynamics of the rule of law in Brazil. It stresses not only how the rule of law has developed in the legal system, but also how the political institutions and extra-legal organisations have transformed its foundations. The rule of law is not a simple concept when it comes to defining the political, economic, and legal developments of a country like Brazil. Similar to many other Latin American countries, Brazil is a young democracy struggling with its longstanding extractive institutions and entrenched interests. It features, however, one of Latin America's richest constitutional moments, when civil society actively participated in drafting the most democratic constitution in the country's history. Brazil has since strengthened its institutions and the rule of law, but the road toward consolidating them has been challenged by inequality and the legacies of that authoritarian past. The book explores how Brazilian democracy has dealt with the high levels of social inequality and the authoritarian mindset that still play a big role in its fate, and asks whether the country's democratic achievements and institutional framework are sufficiently strong to enforce the rule of law as an imperative for Brazil's development, especially in times when the country is most in need of them.
Author: Guzyal Hill Publisher: Springer Nature ISBN: 9811932921 Category : Law Languages : en Pages : 185
Book Description
This book aims to develop a conceptual framework upon which to draw for analysis of new and existing national reforms in Australia. Due to growth in the volume and complexity of national uniform legislation, law reform agencies, the Commonwealth, state and territory governments and policy institutions have more, rather than less, to do. This book explores how they are required to respond to debates among actors from divergent geographical, commercial and ideological backgrounds, who sometimes demonstrate irreconcilable differences in values and perspectives. From a policy implication perspective, this book summarises a vast quantity of original and complex data so that it can be applied in the field—among policymakers, reformers, legislative drafters, students and the wider audience of legal practitioners working with harmonised legislation in federations. This book acknowledges that uniform legislation is not a panacea for all legal challenges currently faced by federations. However, this book takes a step towards demystifying the many confusing factors that have obscured the underlying general principles. A working theory of ‘federal harmonisation’ enables ‘the art of the impossible’ to become a practical reality. This book condenses data on legislation in models. The models enable transparent, evidence-based decisions in the process of a federation’s harmonisation to progress regulatory best practices and achieve more reliable, sustainable results.
Author: James R. May Publisher: Cambridge University Press ISBN: 1107022258 Category : Business & Economics Languages : en Pages : 427
Book Description
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
Author: William W. Boyer Publisher: U of Nebraska Press ISBN: 0803224729 Category : Political Science Languages : en Pages : 234
Book Description
This volume provides a comprehensive analysis of both the historical and the contemporary dimensions of the politics and government of the First State. Once a sparsely populated, agrarian, and relatively insignificant polity, Delaware has become a densely and diversely populated financial and legal center often called the corporation capital of the world. Delaware s prime location has been central to its development and transition from a goods-producing economy to a fast-growing, service-based economy. Despite its diminutive size, Delaware is, in many ways, the nation s preferred corporate home. William W. Boyer and Edward C. Ratledge provide an overview of Delaware s history, structure, and present politics and explain why one of the smallest states in the country is also one of the most powerful. Delaware continually promotes pro-business legislation, business and public objectives are entwined, and privatization is a dominant theme in public affairs. The state has an individualistic political order in which public participation is indirect and citizen activism is limited.
Author: J. M. Balkin Publisher: ISBN: 0197530990 Category : Law Languages : en Pages : 257
Book Description
The Cycles of Constitutional Time shows where American democracy has been and projects where it is going. Jack Balkin explains why our politics seems so dysfunctional and why fights over the courts seem so bitter and unhinged. He portrays our present troubles in terms of longer, constitutional trends. In doing so, he also offers a message of hope for the future. The same trends that put us in this predicament are slowly changing. Our political system can get better if Americans mobilize to change it.
Author: Martin Belov Publisher: Routledge ISBN: 1000707970 Category : Law Languages : en Pages : 189
Book Description
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Author: Rosalind Dixon Publisher: Oxford University Press ISBN: 0192893769 Category : Authoritarianism Languages : en Pages : 241
Book Description
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Author: Gordon Brown Publisher: Open Book Publishers ISBN: 1783742216 Category : Political Science Languages : en Pages : 129
Book Description
The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.
Author: Christoph Bezemek
Author: Christoph Bezemek
Author: Jeffrey Rosen
Author: Juliano Zaiden Benvindo
Author: Guzyal Hill
Author: James R. May
Author: William W. Boyer
Author: J. M. Balkin
Author: Martin Belov
Author: Rosalind Dixon
Author: Gordon Brown