Author: Rainer Arnold Publisher: Springer Nature ISBN: 3031398041 Category : Law Languages : en Pages : 266
Book Description
The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.
Author: Kostas Chrysogonos Publisher: Springer Nature ISBN: 3031139011 Category : Law Languages : en Pages : 181
Book Description
This book, one of the first of its kind, explores the impact of the COVID-19 pandemic on modern Western democracies from a comparative constitutional law and policy perspective. Through 11 scholarly contributions, it tackles cutting-edge topics for the liberal state, such as emergency legislation, judicial scrutiny of COVID-19 measures, parliamentarism and executive decision-making during the pandemic. The book examines these topics both from a microscopic national constitutional angle, with a focus on European states, and from a macroscopic regional and comparative angle, on par with the American example. The COVID-19 pandemic is thus treated as an international state of emergency that has enabled far-reaching restrictions on essential human rights, such as freedom of movement, freedom of religion or even major political rights, while giving rise to the ‘administrative state.’ This edited volume explores each of these pressing themes in this exceptional context and evaluates different liberal states’ responses to the pandemic. Were these responses reasonable, effective and democratic? Or is the COVID-19 pandemic just the beginning of a new era of global democratic backsliding? How can liberal democracies manage similar crises in future? What lessons have we learned? The institutional knowledge gained turns out to be the key for the future of the rule of law.
Author: Josep Maria Castellà Andreu Publisher: Springer Nature ISBN: 3030928845 Category : Political Science Languages : en Pages : 341
Book Description
This book provides a comprehensive analysis of the impact of populism on the European democratic polity. In the last two decades, European democracies have come under strain amid growing populism. By asserting the superiority of the majority over the law, of direct democracy over representation, and claiming the necessity to defend national sovereignty against foreign interferences, the populist conception of democracy is in stark contrast with the longstanding Western notion of liberal democracy. This volume investigates populist attempts to radically change what Bobbio called the “rules of the game” of democracy from an eminently legal perspective. Weaving together normative and empirical analysis, the contributions focus on the institutions that have suffered the most from the rise of populism as well as those that have better resisted the populist tide. Special attention will be paid to the Venice Commission’s opinions and documents, as they represent the best European standards to evaluate the extent to which populism deviates from constitutional democracy requirements. The book also considers the responses of European States to the explosion of the COVID-19 pandemic. The COVID-19 pandemic has indeed been an accelerator of known and studied trends in most constitutional systems, such as the concentration of powers in the executive hands and the consequential loss of parliament's centrality. Various forms of populism across Europe have thus found an ideal breeding ground to implement their agenda of granting the executive broad regulatory and decision-making powers while loosening parliamentary and judicial checks. Against this backdrop, the book analyses how European democracies should adapt to the challenges posed by the pandemic, as this reflection can help respond to populist threats and propose a way forward for liberal democracy.
Author: Pablo Riberi Publisher: Bloomsbury Publishing ISBN: 1509965289 Category : Law Languages : en Pages : 275
Book Description
This book addresses two questions: firstly, how has the fight against COVID-19, especially the individual and collective responses of Latin American nation-states, influenced the relationship between power, people, and statebodies? And secondly, has democracy taken a step back and allowed pandemocracy to replace its long-term legitimising function? Adopting a Global South perspective, the book explores the constitutional, political and institutional measures that paved the way for several aggressive state policies in various Latin American countries during the COVID-19 pandemic. The contributions provide a detailed review of democratic decay and the 'rule of law' impairment in many countries of the region. The book goes beyond mere observation and explores all the main theoretical elements that can lead to a more comprehensive understanding of the political and normative impact of the pandemic. In terms of constitutional design and concerning the actual behaviour of political bodies, the fairness and efficacy of Latin American state responses during the COVID-19 pandemic did not rely on civic culture, executive goodwill, or boldness on the part of the judges. The aim of this volume, therefore, is to unravel the most subtle elements of a very puzzling situation. Multidisciplinary perspectives are deployed to explore how democratic standards and goals have been reshaped by nuanced constructions of certain atavistic normative ideas or even by non-constitutional policies. The book sheds light on the underlying connection between politics and law.
Author: Frieder Dünkel Publisher: Routledge ISBN: 1000553612 Category : Social Science Languages : en Pages : 588
Book Description
The Impact of COVID-19 on Prison Conditions and Penal Policy presents the results of a worldwide exchange of information on the impact of COVID-19 in prisons. It also focuses on the human rights questions that have been raised during the pandemic, relating to the treatment of prisoners in institutions for both juveniles and adults worldwide. The first part brings together the findings and conclusions of leading prison academics and practitioners, presenting national reports with information on the prison system, prison population rates, how COVID-19 was and is managed in prisons, and its impact on living conditions inside prisons and on reintegration programmes. Forty-four countries are covered – many in Europe, but also Argentina, Brazil, Chile, Colombia, Perú, Costa Rica, Canada, the USA, Kenya, South Africa, China, India, Japan, Australia and New Zealand. In the second part, thematic chapters concentrate explicitly on the impact of the pandemic on the application of international human rights standards in prisons and on worldwide prison population rates. The book concludes by drawing out the commonalities and diverging practices between jurisdictions, discussing the impact of measures introduced and reflecting on what could be learnt from policies that emerged during the pandemic. Particular attention is paid to whether "reductionist" strategies that emerged during the pandemic can be used to counteract mass incarceration and prison overcrowding in the future. Although the book reflects the situation until mid 2021, after the second and during the third wave of the pandemic, it is highly relevant to the current situation, as the living conditions in prisons did not change significantly during the following waves, which showed high infection rates (in particular in the general population), but increased vaccination rates, too. In prisons, problems the pandemic raises have an even greater impact than for the general society. Revealing many notable and interesting changes in prison life and in release programmes, this book is essential reading for students and scholars of penology, criminology, law, sociology and public health. It will also appeal to criminal justice practitioners and policy makers.
Author: Cássius Guimarães Chai Publisher: Grupo de Pesquisa Cultura, Direito e Sociedade (DGP/CNPQ/UFMA) ISBN: Category : Law Languages : en Pages : 379
Book Description
The present publication is brought about by the joined researchers efforts to share common concerns and scientific analysis to the global current pandemic Covid-19, which discussions were held abridged during the International Online Congress “Critical Dialogues on Pandemic Perspectives: Global Justice, Rule of Law and Human Rights” comprising professional and theoretical reflections and synergy to promote international academic and scientific exchanging cooperation on the current global pandemic context on reflecting, thinking and scrutinizing government’s, public policies and decision-making process and innovation in the fighting against direct and collateral damages caused by the Covid- 19’s social and institutional impacts, considering transnational implications to the political, economic and the rule of law systems from a Global Justice approach and, locally to human rights’ protection. The Sustainable Development Goals achievements cannot ignore the technological challenges of The Industrial Revolution 4.0, the precariousness of labor relations, the growing of an economic inequality, and a return to extremist nationalism. Yet, the pandemic context, after two years, forces us to think about the ascendancy of intramural violence, since social distance ends up challenging everyone, however, with outstanding, material, and dissimilar conditions since it tends to the social elimination of the socially vulnerable. Despite the needed corporate and public adopted strategies, disenfranchisement and excessive administrative measures have been settled, reframing, and mitigating international relations pulling geopolitical, economic, and technological strings in the multipolar world. For those finding facts, we are invited to discuss the new challenges and outcomes from a pandemic perspective to the Global Justice, Rule of Law, and Human Rights questioning if and how human rights can be ensured and mainstreamed in the taken prevention and recovery measures in democratic societies. The International Congress was organized to celebrate the tenth anniversary of the Research Group Culture, Law and Society ((DGP CNPQ UFMA), and was upheld by The Graduate Law Program of the Universidade Federal do Maranhão (PPGDIR/UFMA), together with the Graduate Law Program of the Faculdade de Direito de Vitória (PPGD/FDV), the Chinese Study Center of the Instituto de Relaciones Internacionales of the Universidad Nacional de la Plata, and the Institute for International Legal Studies of the National Research Council of Italy, by each representative, we are pleased to WELCOME you to the Critical Dialogues on Pandemic Perspectives, discussing Human Rights, Democracy and Pandemic Perspectives. ISBN 978-65-00-40218-6
Author: Carlos Nunes Silva Publisher: Springer Nature ISBN: 3030911128 Category : Political Science Languages : en Pages : 799
Book Description
The book provides a global perspective of local government response towards the COVID-19 pandemic through the analysis of a sample of countries in all continents. It examines the responses of local government, as well as the responses local government developed in articulation with other tiers of government and with civil society organizations, and explores the social, economic and policy impacts of the pandemic. The book offers an innovative contribution on the role of local government during the pandemic and discusses lessons for the future. The COVID-19 pandemic had a global impact on public health, in the well-being of citizens, in the economy, on civic life, in the provision of public services, and in the governance of cities and other human settlements, although in an uneven form across countries, cities and local communities. Cities and local governments have been acting decisively to apply the policy measures defined at national level to the specific local conditions. COVID-19 has exposed the inadequacy of the crisis response infrastructures and policies at both national and local levels in these countries as well as in many others across the world. But it also exposed much broader and deeper weaknesses that result from how societies are organized, namely the insecure life a substantial proportion of citizens have, as a result of economic and social policies followed in previous decades, which accentuated the impacts of the lockdown measures on employment, income, housing, among a myriad of other social dimensions. Besides the analysis of how governments, and local government, responded to the public health issues raised by the spread of the virus, the book deals also with the diversity of responses local governments have adopted and implemented in the countries, regions, cities and metropolitan areas. The analysis of these policy responses indicates that previously unthinkable policies can surprisingly be implemented at both national and local levels.
Author: Diana Alexandra González Chacón Publisher: Fondo Editorial – Ediciones Universidad Cooperativa de Colombia ISBN: 9587603400 Category : Political Science Languages : en Pages : 176
Book Description
Este libro tiene el objetivo de analizar las alternativas de política pública necesarias para la preservación de la salud de la población, la reactivación de la economía y la definición de un marco institucional que facilite las relaciones entre individuos en un contexto pospandémico, mediante un enfoque multidimensional. En ese sentido, se analizan los antecedentes de las pandemias de carácter universal, el rol de las organizaciones internacionales, el papel de los bienes públicos globales, los modelos de gobernanza global desde un contexto glocal, las tendencias en investigación acerca de pandemias y sostenibilidad, los nuevos retos del Estado, el financiamiento de las pequeñas y medianas empresas, los incentivos fiscales a la innovación en inteligencia artificial y la utilidad de los modelos matemáticos para la toma de decisiones de política pública. De esta manera, se presenta un análisis ordenado de los retos que enfrenta la sociedad en la actualidad, con su explicación y atención mediante alternativas de acción pública. Por lo tanto, es una guía sobre el rol y la capacidad que deben desarrollar coordinadamente los funcionarios nacionales, junto a las organizaciones internacionales, para influir la definición de políticas que reorganicen el equilibrio mundial.
Author: Inter-American Commission on Human Rights Publisher: BRILL ISBN: 9004509925 Category : Law Languages : en Pages : 843
Book Description
This Yearbook aims to contribute to a greater awareness of the functions and activities of the organs of the Inter-American system for the protection of human rights. The Yearbook is partly published as an English-Spanish bilingual edition. NB: This book is part of a three volume set. Each volume should be ordered separately!Vol 1 isbn 978-90-04-44560-4Vol 2 isbn 978-90-04-50440-0Vol 3 isbn 978-90-04-50991-7
Author: Inter-American Commission on Human Rights Publisher: BRILL ISBN: 9004511881 Category : Law Languages : en Pages : 1059
Book Description
The 2021 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is partly published as an English-Spanish bilingual edition. Some parts are in English or Spanish only. NB: This book is part of a four volume set. Vol. 1 ISBN: 978-90-04-51185-9 Vol. 2 ISBN: 978-90-04-51187-3 Vol. 3 ISBN: 978-90-04-53773-6 Vol. 4 ISBN: 978-90-04-53775-0
Author: Rainer Arnold
Author: Kostas Chrysogonos
Author: Josep Maria Castellà Andreu
Author: Pablo Riberi
Author: Frieder Dünkel
Author: Cássius Guimarães Chai
Author: Carlos Nunes Silva
Author: Diana Alexandra González Chacón
Author: Inter-American Commission on Human Rights
Author: Inter-American Commission on Human Rights