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Author : Gregory H. Fox
Publisher : Cambridge University Press
Page : 604 pages
File Size : 30,10 MB
Release : 2000-05-11
Category : Law
ISBN : 9780521667968
PART V CRITICAL APPROACHES.
Author : Gregory H. Fox
Publisher :
Page : 944 pages
File Size : 12,99 MB
Release : 2020
Category : Democracy
ISBN : 9781788114745
At the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a 'democratic entitlement' was emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. Together with an original introduction, this volume collects the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent 'democratic recession' in many regions of the world.
Author : James Crawford
Publisher : Cambridge University Press
Page : 48 pages
File Size : 29,91 MB
Release : 1994-04-28
Category : Law
ISBN : 9780521468350
Professor Crawford's inaugural lecture as Whewell Professor of International Law at Cambridge addresses a number of facets of the relationship between international law and democratic principles. In particular he examines the ways in which international law may or may not underwrite those principles, a subject which has increased greatly in significance as governments and international organisations search for a 'New World Order' in the post Cold War world.
Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 349 pages
File Size : 45,15 MB
Release : 2021-09-30
Category : Law
ISBN : 1108843131
Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.
Author : Professor Jacques Lenoble
Publisher : Ashgate Publishing, Ltd.
Page : 452 pages
File Size : 48,47 MB
Release : 2013-02-28
Category : Law
ISBN : 1409497127
Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.
Author : Anneli Albi
Publisher : Springer
Page : 1522 pages
File Size : 41,19 MB
Release : 2019-05-29
Category : Law
ISBN : 9462652732
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Author : Susan Marks
Publisher : Oxford University Press, USA
Page : 180 pages
File Size : 17,83 MB
Release : 2003
Category : Law
ISBN : 9780199264131
The promotion of democracy is today a familiar feature of foreign policy, and an accepted part of the activities of international organizations. Should international law join in this move to promote democratic political arrangements? If so, on what basis, and with which of the many competingconceptions of democracy? Drawing on an eclectic range of source material, the author examines current debates about the emergence of an international legal 'norm of democratic governance', and considers how proposals for such a norm might be rearticulated to meet some of the concerns to which theygive rise. She also uses these debates to illustrate some more general points about approaches to the study of international law. In doing so, she seeks to defend an approach to international legal scholarship that takes its cue from the tradition of ideology critique.
Author : András Sajó
Publisher : Eleven International Publishing
Page : 271 pages
File Size : 26,25 MB
Release : 2004
Category : Civil rights
ISBN : 9077596046
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.
Author :
Publisher :
Page : pages
File Size : 41,66 MB
Release : 2006
Category :
ISBN :
Author : Brad R. Roth
Publisher :
Page : 476 pages
File Size : 30,3 MB
Release : 1999
Category : Law
ISBN : 9780199243013
When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.