Critères Et Règlement Pour L'accréditation Des Organisations de la Société Civile Et Du Secteur Privé Au Programme Du COMESA Pour la Paix Et la Sécurité PDF Download

Author: Common Market for Eastern and Southern Africa
Publisher:
ISBN:
Category : Civil society
Languages : en
Pages : 70

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Author: Adam Czarnota
Publisher: Central European University Press
ISBN: 6155053626
Category : Law
Languages : en
Pages : 392

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Book Description
In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points-while emphasizing the instability of the post-transition moment.

Author: Jeffrey Goldsworthy
Publisher: Cambridge University Press
ISBN: 1139491512
Category : Law
Languages : en
Pages :

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This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.

Author: Wolfgang Merkel
Publisher: Springer
ISBN: 3319725599
Category : Political Science
Languages : en
Pages : 369

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In light of the public and scholarly debates on the challenges and problems of established democracies, such as a lack of participation, declining confidence in political elites, and the deteriorating capabilities of democratic institutions, this volume discusses the question whether democracy as such is in crisis. On the basis of the shared concept of embedded democracy, it develops a range of conceptual approaches to empirically analyzing the challenges of democracy and their potential transformation into crisis phenomena. The book is divided into three parts, the first of which highlights various aspects of political participation, such as political inequality in voting. In turn, Part II focuses on problems of political representation, while Part III assesses whether processes such as globalization, deregulation, and the withdrawal of the state from important policy areas have limited the political control and legitimacy of democratically elected governments.

Author: Ugo Mattei
Publisher: John Wiley & Sons
ISBN: 1405178949
Category : Social Science
Languages : en
Pages : 306

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Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question – is the Rule of Law itself illegal?

Author: Hongyi Chen
Publisher: Cambridge University Press
ISBN: 110719508X
Category : Law
Languages : en
Pages : 407

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A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Author: Alfredo Narváez Medécigo
Publisher: Springer
ISBN: 3319245627
Category : Law
Languages : en
Pages : 275

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This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.

Author: Patricia Popelier
Publisher:
ISBN: 9781780681061
Category : Conflict of laws
Languages : en
Pages : 0

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Book Description
Constitutional review has not only expanded geographically, it has also expanded in its mission and function, acquiring new subject areas and new roles and responsibilities. In examining these new roles and responsibilities, this collection of essays reflects on constitutional review as an aspect of constitutionalism framed in the context of multilevel governance. Bringing together a number of remarkable, yet varied, contributions, the book explores how institutional changes of multilevel governance have transformed the notion, shape, and substance of constitutional review. To this end, four key roles, both new and old, are identified: 1) courts act as guardians of fundamental rights, 2) they oversee the institutional balance, 3) they provide a deliberative forum, and 4) they assume the function of a regulatory watchdog. The book explores these different roles played by national and European courts, and it examines the challenges brought about by the involvement in multilevel networks and the shift to new concepts of governance. (Series: Law and Cosmopolitan Values - Vol. 3)

Author: Christopher May
Publisher: Edward Elgar Publishing
ISBN: 1786432447
Category : Law
Languages : en
Pages : 553

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Book Description
The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.

Author: Georg Vanberg
Publisher: Cambridge University Press
ISBN: 1139442627
Category : Political Science
Languages : en
Pages : 209

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Book Description
Constitutional courts have emerged as central institutions in many advanced democracies. This book investigates the sources and the limits of judicial authority, focusing on the central role of public support for judicial independence. The empirical sections of the book illustrate the theoretical argument in an in-depth study of the German Federal Constitutional Court, including statistical analysis of judicial decisions, case studies, and interviews with judges and legislators. The book's major finding is that the interests of governing majorities, prevailing public opinion, and the transparency of the political environment exert a powerful influence on judicial decisions. Judges are influenced not only by jurisprudential considerations and their policy preferences, but also by strategic concerns. By highlighting this dimension of constitutional review, the book challenges the contention that high court justices are largely unconstrained actors as well as the notion that constitutional courts lack democratic legitimacy.