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Book Austrian Contributions to the Rule of Law

Download or read book Austrian Contributions to the Rule of Law written by Rudolf Machacek and published by . This book was released on 1994 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: A. The Soviet Union

Book Austrian Law and Economics

Download or read book Austrian Law and Economics written by Mario J. Rizzo and published by . This book was released on 2011 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Introduction to the Law of Austria

Download or read book Introduction to the Law of Austria written by Christoph Grabenwarter and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its legacy as the centre of one of the greatest empires of modern history, Austriaè^--s legal system has for long been enormously influential worldwide. A European Union Member State since 1995, Austria continues to enjoy its role as a major centre of international business and tourism. Austria has also become host to numerous international organisations.

Book National Constitutions in European and Global Governance  Democracy  Rights  the Rule of Law

Download or read book National Constitutions in European and Global Governance Democracy Rights the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Research Handbook on Austrian Law and Economics

Download or read book Research Handbook on Austrian Law and Economics written by Todd J. Zywicki and published by Edward Elgar Publishing. This book was released on 2017-12-29 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The original contributions to the Research Handbook provide an introduction to the application of Austrian economics to law. The book begins with chapters on the methodology of law and economics. Further chapters discuss key concepts in Austrian economics – dynamic competitive processes, spontaneous order, subjective value, entrepreneurship, and the limited nature of individual knowledge – as they relate to topics in evolutionary law (social rules, self-governance, dispute resolution) and basic law (torts, antitrust, civil procedure, business and family law).

Book Austrian Legal System and Laws

Download or read book Austrian Legal System and Laws written by Nigel Foster and published by Routledge. This book was released on 2013-03-04 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an introduction to the Austrian state,legal system and laws. It provides a guide to a number of areas of Austrian substantive law, concentrating on the most important areas of public and private law. The book considers in depth, the historical, political, social and economic aspects of the Austrian State to give more background for those coming afresh to Austrian studies. This book will appeal to academic comparative lawyers across a range of disciplines and academics who require fundamental information on the Austrian state and legal systems. It will make attractive supplementary reading on comparative law courses, especially for those students spending a third year in Austria. It will also prove useful for politics and economics or multidisciplinary studies students who study Austria either directly or for comparison with other countries.

Book Comparative Constitutional Reasoning

Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

Book Customary Justice and the Rule of Law in War torn Societies

Download or read book Customary Justice and the Rule of Law in War torn Societies written by Deborah Isser and published by US Institute of Peace Press. This book was released on 2011 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "

Book The Constitution of the Republic of Austria

Download or read book The Constitution of the Republic of Austria written by Manfred Stelzer and published by Bloomsbury Publishing. This book was released on 2022-12-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how the Austrian Constitution has been shaped and interpreted by the fundamental events in Austria's modern history. At the same time it emphasises the way in which the Constitution establishes a parliamentary system, with additional presidential features, limited, in turn, by Austria's federal structure and the parliaments of nine states. It charts the history and character of the constitution; the political structure; the legislative and executive branches of the federal government; public bodies; jurisdiction and fundamental Rights. This new edition explores the changing political landscape, particularly the development of a more competitive party system. It also looks at the response to COVID and the jurisprudence of the Austrian Constitutional Court in the face of the curtailment of rights in order to curb the pandemic. Offering the trademark combination of clarity of explanation and rigour of analysis that defines the series, this is an excellent guide to a fascinating constitutional structure.

Book Rule of Law Dynamics

    Book Details:
  • Author : Michael Zurn
  • Publisher : Cambridge University Press
  • Release : 2012-06-18
  • ISBN : 1139510975
  • Pages : 401 pages

Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

Book Austrian Review of International and European Law

Download or read book Austrian Review of International and European Law written by Gerhard Loibl and published by Martinus Nijhoff Publishers. This book was released on 2002-04-01 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Austrian Review of International and European Law" is an annual publication that provides a scholarly forum for the discussion of issues of public international and European law, with particular emphasis on topics of special interest for Austria. Its analytical articles focus on theoretical questions, current developments, and emerging tendencies in all areas of the field, including detailed reviews of relevant recent literature. Issues of human rights law and the law of international organisations are also covered. An important integral element of the Review is its digest of Austrian practice in public international law, encompassing both executive and judicial developments. The editorial board and advisory board comprise scholars and practitioners in public international and European law, ensuring that the Review adequately reflects the interrelationships between current developments and the continuing evolution of this important area of legal theory and practice.

Book Pure Theory of Law

    Book Details:
  • Author : Hans Kelsen
  • Publisher : The Lawbook Exchange, Ltd.
  • Release : 2005
  • ISBN : 1584775785
  • Pages : 366 pages

Download or read book Pure Theory of Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.

Book The Legal Framework of the OSCE

    Book Details:
  • Author : Mateja Steinbrück Platise
  • Publisher : Cambridge University Press
  • Release : 2019-05-30
  • ISBN : 1108615147
  • Pages : 801 pages

Download or read book The Legal Framework of the OSCE written by Mateja Steinbrück Platise and published by Cambridge University Press. This book was released on 2019-05-30 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.

Book UNMIK as an International Governance in Post war Kosova

Download or read book UNMIK as an International Governance in Post war Kosova written by Blerim Reka and published by Logos-A. This book was released on 2003 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Constitutions in a Nonconstitutional World

Download or read book Constitutions in a Nonconstitutional World written by Nathan J. Brown and published by State University of New York Press. This book was released on 2012-02-01 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collapse of authoritarian regimes and the global resurgence of liberal democracy has led to a renewed interest in constitutions and constitutionalism among scholars and political activists alike. This book uses the Arab experience to explain the appeal of constitutional documents to authoritarian regimes and assesses the degree to which such constitutions can be used in the effort to make the regimes more accountable.

Book The Owl of Minerva

    Book Details:
  • Author : Boštjan M. Zupančič
  • Publisher : Eleven International Publishing
  • Release : 2008
  • ISBN : 907759647X
  • Pages : 465 pages

Download or read book The Owl of Minerva written by Boštjan M. Zupančič and published by Eleven International Publishing. This book was released on 2008 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The title of the book is taken from Hegel and refers to the idea that philosophy cannot be prescriptive because it understands only in hindsight. The same holds true for conceptions of human rights. Based on his many years of experience in the field, the author shares his thoughts about human rights and the role it plays in society. In these thought-provoking essays, the author examines the dialectic relationship between rule of law and law and order; between state and individual; judicial power of logic vs executive logic of power. These dynamic contradictions are never resolved. On the contrary, they are the motor of development and inspire judicial reasoning and the balancing of justice vis--vis power and arbitrariness.

Book Information Sources in Law

Download or read book Information Sources in Law written by J.R. Winterton and published by Walter de Gruyter. This book was released on 2012-06-21 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of each volume of this series Guides to Information Sources is to reduce the time which needs to be spent on patient searching and to recommend the best starting point and sources most likely to yield the desired information. The criteria for selection provide a way into a subject to those new to the field and assists in identifying major new or possibly unexplored sources to those who already have some acquaintance with it. The series attempts to achieve evaluation through a careful selection of sources and through the comments provided on those sources.