Staats- und Verfassungstheorie im Spannungsfeld der Disziplinen PDF Download

Author: Schweizerische Vereinigung für Rechts- und Sozialphilosophie. Tagung
Publisher: Franz Steiner Verlag
ISBN: 9783515088510
Category : Law
Languages : de
Pages : 268

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Book Description
Inhalt Philippe Mastronardi / Denis Taubert: Einleitung Philosophie der Verfassung: Jorg Paul Muller: Rechtsphilosophie und Verfassungsphilosophie in der Demokratie Ada Neschke-Hentschke: Funf Thesen zu einer Philosophie der Verfassung Politische Philosophie: Francis Cheneval: Constitutionalizing Multilateral Democratic Integration Martino Mona: Der Multikulturalismus als staatstheoretische und kriminalpolitische Herausforderung Urs Marti: Konstitution als Zustand und als Akt Politische Okonomie: Gebhard Kirchgassner: Okonomische Theorie der Verfassung Rechtswissenschaft: Anne Peters: Privatisierung, Globalisierung und die Resistenz des Verfassungsstaates Samantha Besson: The Many European Constitutions and the Future of European Constitutional Theory Carlo Regazzoni: Die menschliche Individualitat im Spannungsfeld von Herrschaft und Recht Politikwissenschaft: Hanspeter Kriesi: Staatsentwicklung, Nationenbildung und Demokratisierung Erich Zalten: Staatslehre und Verfassungstheorie im Licht der Soziologie Klaus Thomalla: Der entzauberte Staat: Zur systemtheoretischen Perspektive Niklas Luhmanns

Author: Chris Thornhill
Publisher: Cambridge University Press
ISBN: 1107199905
Category : Law
Languages : en
Pages : 599

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Provides a new legal-sociological theory of democracy, reflecting the impact of global law on national political institutions. This title is also available as Open Access.

Author: Manfred Nowak
Publisher: University of Pennsylvania Press
ISBN: 0812248759
Category : Business & Economics
Languages : en
Pages : 256

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Book Description
Human Rights or Global Capitalism examines the application of neoliberal policies from a human rights perspective and asks whether states, by outsourcing to the private sector many services with a direct impact on human rights, abdicate their responsibilities to uphold human rights and violate international law.

Author: Charlotte E. Blattner
Publisher: Oxford University Press
ISBN: 0190948310
Category : Law
Languages : en
Pages : 521

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based on author's thesis (doctoral - Universitèat Basel, 2016) issued under title: The extraterritorial protection of animals: admissibility and possibilities of the application of national animal welfare standards to animals in foreign countries.

Author: Gerhard van der Schyff
Publisher: Springer Science & Business Media
ISBN: 9048190029
Category : Law
Languages : en
Pages : 332

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Book Description
Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This book addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. These systems present valuable material to study the issues raised by judicial review. The Netherlands is of particular interest as its Constitution still prohibits the constitutional review of acts of parliament, while allowing treaty review of such acts. The Halsema Proposal wants to even out this difference by allowing the courts also to apply constitutional norms to legislation and not only to international norms. The Human Rights Act and the South African Constitution also present interesting questions that will make their study worthwhile. One can think of the issue of dialogue between the legislature and the judiciary. This topic enjoys increased attention in the United Kingdom but is somewhat underexplored in South African thought on judicial review. These and similar issues are studied in each of the three systems, to not only gain a better understanding of the systems as such, but also of judicial review in general.

Author: Joakim Nergelius
Publisher: Europa Law Publishing
ISBN: 9789089520623
Category : Law
Languages : en
Pages : 140

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Book Description
This book discusses the future steps in European integration, which are to be taken after the likely entry into force of the Lisbon Treaty in 2010. Against the background of the drafting of this new treaty, and the constitutional discussion within EU law during the last decades, the book questions whether the Treaty and leading EU law theorists have really grasped and addressed the true future challenges of European integration. Instead of always trying to balance supra-nationalism and inter-governmentalism, and seeing the EU as less democratic than a nation-state, at least the doctrine ought to embrace the most characteristic trait of European integration - namely supra-national decision-making - and discuss its future potential. In the book, recent changes in EU constitutional law and constitutional theory are observed. Leading EU theorists - such as Weiler, Majone, and Habermas - are critically analyzed, with a view to their inability to see the EU today for what it really is. Finally, alternative strategies for the next decades are discussed, which may make the EU work more efficiently and, at the same time, bridge the gap between the Union and its citizens.

Author: Klemen Jaklic
Publisher: Oxford University Press, USA
ISBN: 0198703228
Category : Law
Languages : en
Pages : 374

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Book Description
This book offers the first overarching examination of constitutional pluralism. Comprehensively mapping out the leading contributions to date and solving the complicated labyrinth they currently form, Klemen Jaklic offers a complete assessment against existing and new criticisms while elaborating his own original vision.

Author: Gebhard Kirchgässner
Publisher: Springer Science & Business Media
ISBN: 0387727973
Category : Business & Economics
Languages : en
Pages : 364

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Book Description
The economic model of behaviour is fundamental not only in economic theory, but also in modern approaches of other social sciences, above all in political science and law. This book provides a comprehensive treatise of the general model, its philosophical and methodological foundations and its applications in different fields. In addition to the basic model, extensions to its assumptions are examined to account for complex applications like low-cost situations with moral behaviour.

Author: Jan Klabbers
Publisher: OUP Oxford
ISBN: 0191615919
Category : Law
Languages : en
Pages : 414

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Book Description
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.

Author: Samantha Besson
Publisher: OUP Oxford
ISBN: 0191565466
Category : Law
Languages : en
Pages : 368

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Book Description
Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory. Bringing together contributors with backgrounds in political and legal philosophy, the essays in the volume assess republicanism's historical traditions, conceptual coherence, and normative proposals. The collection offers a valuable insight into new debates taking place in republican political and legal theory. It also analyses potential republican approaches to concrete issues arising in areas of law such as criminal, constitutional and international law. Finally, the book includes comparisons between republican legal traditions and how they react to contemporary challenges. The book will be of value to political and democratic theorists, to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and international settings.