Download or read book The Constitutional Relevance of the ECHR in Domestic and European Law written by Giorgio Repetto and published by Intersentia Uitgevers N V. This book was released on 2013 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.
Download or read book Internal Exile in Fascist Italy written by Piero Garofalo and published by . This book was released on 2019-05 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an accessible history of internal exile's origins and practices under Fascism and of its representation in film, literature and memoir.
Download or read book The Treaty on European Union TEU written by Hermann-Josef Blanke and published by Springer Science & Business Media. This book was released on 2013-11-26 with total page 1821 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.
Download or read book How to legislate with wisdom and eloquence written by Luís Marchili and published by Luis Marchili. This book was released on 2016-04-16 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The art of legislation, that had got lost, is reborn in this book from the classic tradition, which conceives the laws like wise and eloquent civic speeches, and the rhetoric as its basic method, of a such way, that the return to the ancient will be a true progress.
Download or read book Seneca the Elder and His Rediscovered Historiae ab initio bellorum civilium written by Maria Chiara Scappaticcio and published by Walter de Gruyter GmbH & Co KG. This book was released on 2020-06-08 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The refreshed insights into early-imperial Roman historiography this book offers are linked to a recent discovery. In the spring of 2014, the binders of the archive of Robert Marichal were dusted off by the ERC funded project PLATINUM (ERC-StG 2014 n°636983) in response to Tiziano Dorandi’s recollections of a series of unpublished notes on Latin texts on papyrus. Among these was an in-progress edition of the Latin rolls from Herculaneum, together with Marichal’s intuition that one of them had to be ascribed to a certain ‘Annaeus Seneca’. PLATINUM followed the unpublished intuition by Robert Marichal as one path of investigation in its own research and work. Working on the Latin P.Herc. 1067 led to confirm Marichal’s intuitions and to go beyond it: P.Herc. 1067 is the only extant direct witness to Seneca the Elder’s Historiae. Bringing a new and important chapter of Latin literature arise out of a charred papyrus is significant. The present volume is made up of two complementary sections, each of which contains seven contributions. They are in close dialogue with each other, as looking at the same literary matter from several points of view yields undeniable advantages and represents an innovative and fruitful step in Latin literary criticism. These two sections express the two different but interlinked axes along which the contributions were developed. On one side, the focus is on the starting point of the debate, namely the discovery of the papyrus roll transmitting the Historiae of Seneca the Elder and how such a discovery can be integrated with prior knowledge about this historiographical work. On the other side, there is a broader view on early-imperial Roman historiography, to which the new perspectives opened by the rediscovery of Seneca the Elder’s Historiae greatly contribute.
Download or read book The Western Codification of Criminal Law written by Aniceto Masferrer and published by Springer. This book was released on 2018-03-09 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Download or read book On the Government of Rulers written by Ptolemy of Lucca and published by University of Pennsylvania Press. This book was released on 2010-11-24 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ptolemy, considered a proto-Humanist by some, combined the principles of Northern Italian republicanism with Aristotelian theory in his De Regimine Principum, a book that influenced much of the political thought of the later Middle Ages, the Renaissance, and the early modern period. He was the first to attack kingship as despotism and to draw parallels between ancient Greek models of mixed constitution and the Roman Republic, biblical rule, the Church, and medieval government. In addition to his translation of this important and radical medieval political treatise, written around 1300, James M. Blythe includes a sixty-page introduction to the work and provides over 1200 footnotes that trace Ptolemy's sources, explain his references, and comment on the text, the translation, the context, and the significance.
Download or read book The Future of Law and Economics written by Guido Calabresi and published by Yale University Press. This book was released on 2016-01-28 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.
Download or read book The Elder Seneca written by Lewis A. Sussman and published by BRILL. This book was released on 1978-01-01 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Morals of Legitimacy written by Italo Pardo and published by Berghahn Books. This book was released on 2001-01-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growing fragmentation of western societies and disillusionment with the political process, the question of legitimacy has become one of the key issues of contemporary politics and is examined in this volume in depth for the first time. Drawing on ethnographic material from the U.S., Europe, India, Japan, and Africa, anthropologists and legal scholars investigate the morally diversified definitions of legitimacy that co-exist in any one society. Aware of the tensions between state morality and community morality, they offer reflections on the relationship between agency - individual and collective - and the legal and political systems. In a situation in which politics has only too often degenerated into vacuous rhetoric, this volume demonstrates how critical the relationship between trust and legitimacy is for the authoritative exercise of power in democratic societies.
Download or read book RethinkHIV written by Bjørn Lomborg and published by Cambridge University Press. This book was released on 2012-10-18 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely thought-provoking book, which examines the first-ever comparative cost-benefit analysis of responses to HIV/AIDS in Africa.
Download or read book Constitutionalism written by Dieter Grimm and published by Oxford University Press. This book was released on 2016-09-08 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism: Past, Present, and Future is the definitive collection of Dieter Grimm's most influential writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism. Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German's leading scholars of public law will be available in the English language.
Download or read book The European Court of Human Rights Between Law and Politics written by Jonas Christoffersen and published by Oxford University Press. This book was released on 2011-06-09 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.
Download or read book OOSTERHOFF ON TRUSTS written by ROBERT. CHAMBERS and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Beyond Constitutionalism written by Nico Krisch and published by Oxford University Press, USA. This book was released on 2010-10-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Download or read book The EU Accession to the ECHR written by Vasiliki Kosta and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.
Download or read book National Identity in EU Law written by Elke Cloots and published by . This book was released on 2015 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a focus on how national identity impacts the decision-making of the European Court of Justice, Elke Cloots provides an innovative adjudication scheme that purports to assist the ECJ in its search for a proper balance between respect for national identity and European integration.