Jahrbuch des Offentlichen Rechts der Gegenwart. Neue Folge PDF Download

Author: Peter Haberle
Publisher: Mohr Siebeck
ISBN: 9783161468766
Category : Law
Languages : en
Pages : 746

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Author:
Publisher:
ISBN:
Category : Constitutional courts
Languages : en
Pages : 772

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Author: Caroline Wittig
Publisher: Logos Verlag Berlin GmbH
ISBN: 3832544119
Category : Political Science
Languages : en
Pages : 181

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Book Description
Courts with the right to constitutional review exert considerable power in a political system. However, especially for Kelsenian constitutional courts there are hardly any large-N studies. This is mainly due to a lack of data. For the German Federal Constitutional Court, this gap has been closed by building a novel database, the development of which is depicted in this book. Employing data from this database, the occurrence of separate opinions in general and their different types in particular are analyzed. The book introduces a new, universal theory that reconciles and expands existing explanations. In a second step, the theory is applied to the German Federal Constitutional Court. It can be proven that one factor that has been neglected so far plays a decisive role: The judges' behavior depends on the profession they pursue after their time in office. Moreover, the study shows that - contrary to the common literature - it is not mainly the topic that determines a case's conflict potential but rather the number of issues a decision has to address.

Author: European Commission for Democracy through Law
Publisher: Council of Europe
ISBN: 9789287171344
Category : Political Science
Languages : en
Pages : 316

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Book Description
What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?

Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287134622
Category : Political Science
Languages : en
Pages : 184

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Author: Belarus. Канстытутсыйны Суд
Publisher:
ISBN:
Category : Constitutional courts
Languages : en
Pages : 252

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Author: Lech Jamróz
Publisher: Wydawnictwo Temida 2
ISBN: 8362813725
Category : Constitutional courts
Languages : en
Pages : 170

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Author: David C. Baluarte
Publisher:
ISBN:
Category : Human rights
Languages : en
Pages : 198

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Book Description
Despite unquestionable achievements over the past 25 years, the Inter-American, European, African, and UN systems all face tremendous obstacles in translating their verdicts into change on the ground. In many cases, landmark decisions have not yielded meaningful reform. This report by the Open Society Justice Initiative reviews the implementation of judgments across the world's four human rights systems. Working from empirical data as well as interviews conducted with court personnel, human rights advocates, and academics, authors David C. Baluarte and Christian M. De Vos provide a comprehensive review of the dynamics involved in putting international commitments into practice. The report provides recommendations tailored to each system, while also pulling together common points of concern in its final chapter.--Publisher description.

Author: Angelika Nussberger
Publisher: Elements of International Law
ISBN: 0198849648
Category : Law
Languages : en
Pages : 257

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Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.

Author: András Sajó
Publisher: Eleven International Publishing
ISBN: 9077596046
Category : Civil rights
Languages : en
Pages : 271

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Book Description
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.