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Global Constitutionalism from European and East Asian Perspectives

Author : Takao Suami
Publisher : Cambridge University Press
Page : 625 pages
File Size : 29,58 MB
Release : 2018-11-29
Category : Law
ISBN : 1108266290

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Global Constitutionalism argues that parts of international law can be understood as being grounded in the rule of law and human rights, and insists that international law can and should be interpreted and progressively developed in the direction of greater respect for and realization of those principles. Global Constitutionalism has been discussed primarily by European scholars. Yet without the engagement of scholars from other parts of the world, the universalist claims underlying Global Constitutionalism ring hollow. This is particularly true with regard to East Asia, where nearly half the world's population and a growing share of global economic and military capacities are located. Are East Asian perspectives on Global Constitutionalism similar to European perspectives? Against the background of current power shifts in international law, this book constitutes the first cross-cultural work on various facets of Global Constitutionalism and elaborates a more nuanced concept that fits our times.

Chinese Perspectives on the International Rule of Law

Author : Matthieu Burnay
Publisher : Edward Elgar Publishing
Page : 295 pages
File Size : 44,38 MB
Release : 2018-07-27
Category : Law
ISBN : 1788112393

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This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.

Global Constitutionalism in International Legal Perspective

Author : Christine EJ Schwöbel
Publisher : Martinus Nijhoff Publishers
Page : 218 pages
File Size : 12,99 MB
Release : 2011-03-21
Category : Law
ISBN : 9004191151

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Drawing on critical theories within and without the international legal discipline, this book offers a fresh approach to the debate on global constitutionalism – an approach that attempts to get beyond the liberal democratic trajectories in which it is currently entrenched.

Transnational Constitutionalism

Author : Nicholas Tsagourias
Publisher : Cambridge University Press
Page : 348 pages
File Size : 29,38 MB
Release : 2007-07-19
Category : Law
ISBN : 113946468X

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An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.

European Constitutionalism Beyond the State

Author : J. H. H. Weiler
Publisher : Cambridge University Press
Page : 256 pages
File Size : 31,10 MB
Release : 2003-09-04
Category : Law
ISBN : 9780521796712

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Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.

Immunities in the Age of Global Constitutionalism

Author : Anne Peters
Publisher : Martinus Nijhoff Publishers
Page : 378 pages
File Size : 41,1 MB
Release : 2015-01-27
Category : Law
ISBN : 9004251634

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The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book consists of five parts: ‘State Immunity – National Practice’; State Immunity before the ICJ – The case Germany v Italy; ‘Commercial Activities and State Immunity’; ‘Immunity and Impunity’; and ‘Immunities of International Organisations’. Although immunities are in principle firmly anchored in international law, their precise legal implications are often unclear. The book takes up a number of new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.

Hybrid Constitutionalism

Author : Eric C. Ip
Publisher : Cambridge University Press
Page : 301 pages
File Size : 28,31 MB
Release : 2019-04-25
Category : Law
ISBN : 110719492X

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Examines the political dynamics of constitutional review in hybrid regimes in the context of China's Special Administrative Regions.

Constitutional Courts in Asia

Author : Hongyi Chen
Publisher : Cambridge University Press
Page : 407 pages
File Size : 50,57 MB
Release : 2018-09-20
Category : Law
ISBN : 110719508X

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

Thinking Through Transition

Author : Michal Kope?ek
Publisher : Central European University Press
Page : 611 pages
File Size : 25,56 MB
Release : 2015-11-10
Category : Political Science
ISBN : 9633860857

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This book is the first concentrated effort to explore the most recent chapter of East Central European past from the perspective of intellectual history. Post-socialism can be understood both as a period of scarcity and preponderance of ideas, the dramatic eclipsing of the dissident legacy?as well as the older political traditions?and the rise of technocratic and post-political governance. This book, grounded in empirical research sensitive to local contexts, proposes instead a history of adaptations, entanglements, and unintended consequences. In order to enable and invite comparison, the volume is structured around major domains of political thought, some of them generic (liberalism, conservatism, the Left), others (populism and politics of history) deemed typical for post-socialism. However, as shown by the authors, the generic often turns out to be heavily dependent on its immediate setting, and the typical resonates with processes that are anything but vernacular.