Author: G Van Der TangPublisher: Martinus Nijhoff Publishers
ISBN: 9004641157
Category : Business & Economics
Languages : en
Pages : 349
Book Description
Written Constitutions
Author: G Van Der TangPublisher: Martinus Nijhoff Publishers
ISBN: 9004641157
Category : Business & Economics
Languages : en
Pages : 349
Book Description
Reconsidering Constitutional Formation I National Sovereignty
Author: Ulrike MüßigPublisher: Springer
ISBN: 331942405X
Category : Law
Languages : en
Pages : 296
Book Description
This open access book can be downloaded from link.springer.com Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics. Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be ‘believed’ by the subjects and the political élites. Such a communicative orientation of constitutional processes became palpable in the ‘religious’ affinities of the constitutional preambles. They were held as ‘creeds’ of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees. The communication dependency of constitutions was of less concern in terms of the preamble than the constituents’ big worries about government organisation. Their indecisiveness between monarchical and popular sovereignty was established through the discrediting of the Republic in the Jacobean reign of terror and the ‘renaissance’ of the monarchy in the military resistance against the French revolutionary and later Napoleonic campaigns. The constitutional formation as a legal act of constituting could therefore defend the monarchy from the threat of the people (Albertine Statute 1848), could be a legal decision of a national constituent assembly (Belgian Constitution 1831), could borrow from the old liberties (Polish May Constitution 1791) or try to remain in between by referring to the Nation as sovereign (French September Constitution 1791, Cádiz Constitution 1812). Common to all contexts is the use of national sovereignty as a legal starting point. The consequent differentiation between constituent and constituted power manages to justify the self-commitment of political power in legal terms. National sovereignty is the synonym for the juridification of sovereignty by means of the constitution. The novelty of the constitutions of the late 18th and 19th century is the normativity, the positivity of the constitutional law as one unified law, to be the measure for the legality of all other law. Therefore ReConFort will continue with the precedence of constitution. (www.reconfort.eu)
Essays in Honor of Professor Stephen T. Zamora
Author: Alfonso Lopez de la Osa EscribanoPublisher: Arte Publico Press
ISBN: 1518507107
Category : Law
Languages : en
Pages : 500
Book Description
One of Stephen T. Zamora’s former students entered law school with little idea about his future direction. He was fortunate to have a class on contracts with Zamora, Sten Gustafson writes, because “after that first year with him, my path became clear.” The professor made a topic intriguing that could easily be esoteric and tedious, and “opened my eyes to a career path that I could not have imagined otherwise.” This collection of 19 academic essays honors the memory of Dr. Stephen T. Zamora, the Leonard B. Rosenberg Professor of Law at the University of Houston Law Center, who died unexpectedly in 2016. An international authority in the field, Zamora’s areas of expertise were international trade and investments, international banking, conflicts of laws, international economic relations, Mexican law and US-Mexico relations. In addition, he was the driving force behind the establishment of the Center for U.S. and Mexican Law, the only one of its kind at a US law school. Written by colleagues and friends, the scholarly articles included in this volume reflect Zamora’s commitment to Mexican law, education and the promotion of US-Mexico cooperation. Topics such as regulating lawyers and legal education, environmental issues and dispute settlement are covered, and articles include “Economic Sovereignty and Oil and Gas Law,” “What Should Immigration Law Become?” and “Freer Trade between the United States and the European Union?” Through this collection, Zamora’s contemporaries aim to expand his legacy and continue his life-long work as an educator, attorney and uniter of peoples.
A Life Interrupted: Essays in honour of the lives and legacies of Christof Heyns
Author: Frans ViljoenPublisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 523
Book Description
About the publication This volume of essays, A life interrupted: essays in honour of the lives and legacies of Christof Heyns, honours Christof Heyns, renowned human rights lawyer, advocate, activist and educator, but also down-to-earth family man, friend and colleague. Christof’s sudden and most untimely passing on 28 March 2021 deeply saddened those close to him but also evinced an outpouring of grief from the national and international human rights community. His passing brought a deep sense of loss, in part because, at age 62, he was fully engaged in contributing to the betterment of society and still had so much more to give. His is a life interrupted. But at the same time, looking back over the varied lives he lived, he had already left his mark in so many ways. His influences and impacts are manifold and magical. This collection not only testifies to the legacy that he has left us, but also to the ongoing efforts of many to continue building on his legacy. This collection contains two sets of essays by family members, friends, colleagues, collaborators and students. Part A contains essays of a more reflective and personal nature, while the contributions in Part B link to the scholarly or academic themes Christof had worked on and explored, including international human rights systems, international law, the right to life, freedom of association, international humanitarian law, the impact of human rights treaties, constitutionalism and legal philosophy. However, a neat distinction between the personal and professional is not possible in respect of such a warm, generous and enthusiastic person as Christof. Most of the essays in Part A integrate some of Christof’s professional and academic achievements, while many of the essays in Part B also reflect on Christof as a person. The editors, all based at the Faculty of Law, UP, are colleagues and friends who worked closely with Christof. Frans Viljoen succeeded Christof as Director of the Centre for Human Rights. Christof was his doctoral supervisor, mentor and research collaborator. Charles Fombad worked with Christof at ICLA, and took over as ICLA Director after Christof’s passing. Dire Tladi, an ICLA fellow, had his office just across from Christof in ICLA. As member of the International Law Commission, he shared with Christof high level engagement with the UN. While Christof served on the Human Rights Committee, his colleague Ann Skelton serves on the Committee on the Rights of the Child. Magnus Killander worked closely with Christof as co-author and co-editor. Christof was also his doctoral supervisor. The publication date of this book is 10 January 2022, which is the date marking 63 years since Christof’s birth. The publisher is the Pretoria University Law Press (PULP), of which Christof was also a founder.
International Law and Domestic Legal Systems
Author: Dinah SheltonPublisher: OUP Oxford
ISBN: 0191018511
Category : Law
Languages : en
Pages : 3556
Book Description
Different countries incorporate and interpret international law in different ways. This book provides a systematic analysis of the domestic constitutional regime of over two dozen countries, setting out the status accorded to international law in those countries and its normative weight, as well as problems relating to its implementation. This country-by-country comparison allows the book to examine how the international legal order and domestic legal systems interact and influence each other. Through a series of chapters on the role of international law in 27 countries throughout the world, it shows a growing tendency towards greater democratic participation in treaty-making coupled with a significant utilization of informal agreements that by-pass such participation, as well as a role for non-binding normative instruments as persuasive authority in domestic judicial decision-making. The chapters suggest a stronger attachment to international law in legal systems that have survived a period of repression, resulting in many cases in a higher normative status for international human rights instruments in those states. The impact of the European Union on the constitutional order of its member states is also examined.
Author: Introduction to the Study of the Law of the Constitution
Author: Albert Venn DiceyPublisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 700
Book Description
The Status of International Treaties on Human Rights
Author: European Commission for Democracy through LawPublisher: Council of Europe
ISBN: 9287160139
Category : Law
Languages : en
Pages : 229
Book Description
This publication contains a number of papers presented at an international seminar, held in Coimbra, Portugal in October 2005, organised by the European Commission for Democracy through Law (Venice Commission) in co-operation with the lus Gentium Coimbrigae Centre and the Faculty of Law of the University of Coimbra and the International Association of Constitutional Law (IACL). Issues considered include: human rights and state succession; territorial scope of human rights obligations; the position of human rights treaties in national legal systems; the obligation to comply with the judgments of the European Court of Human Rights; the criteria for establishing the hierarchy of legal rules in national and international law.
Rules and Observance
Author: Mirko BreitensteinPublisher: LIT Verlag Münster
ISBN: 3643904894
Category : History
Languages : en
Pages : 315
Book Description
This collection of essays focuses on rules and observances in medieval monasteries and provides a survey of how the efficacy of religious communities could be ensured. The volume offers a rich variety of perspectives, ranging from the role of paraenetic literature and education, the problem of maintaining obedience and the implementation of reform to the importance of architectural features and the relative merits of the eremitical and the coenobite form of the vita religiosa. While the emphasis is on the history of the Franciscan order between the thirteenth and fifteenth centuries, articles on other monastic communities provide a comparative approach. The volume gives a closer insight into European research projects and casts light on manifold aspects of monastic rules and observances as "devising forms of communal life."
Routledge Handbook of Comparative Constitutional Change
Author: Xenophon ContiadesPublisher: Routledge
ISBN: 135102096X
Category : Law
Languages : en
Pages : 507
Book Description
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.