Download or read book The EU Charter of Fundamental Rights written by Giacomo Di Federico and published by Springer Science & Business Media. This book was released on 2010-12-02 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.

Download or read book Imperativeness in Private International Law written by Giovanni Zarra and published by T.M.C. Asser Press. This book was released on 2023-01-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses “imperative norms”, and “imperativeness” as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness – mainly aimed at ensuring the protection of fundamental human rights in transnational relationships – between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

Download or read book Left Legalism Left Critique written by Wendy Brown and published by Duke University Press. This book was released on 2002-11-22 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, left political projects in the United States have taken a strong legalistic turn. From affirmative action to protection against sexual harassment, from indigenous peoples’ rights to gay marriage, the struggle to eliminate subordination or exclusion and to achieve substantive equality has been waged through courts and legislation. At the same time, critiques of legalism have generally come to be regarded by liberal and left reformers as politically irrelevant at best, politically disunifying and disorienting at worst. This conjunction of a turn toward left legalism with a turn away from critique has hardened an intellectually defensive, brittle, and unreflective left sensibility at a moment when precisely the opposite is needed. Certainly, the left can engage strategically with the law, but if it does not also track the effects of this engagement—effects that often exceed or even redound against its explicit aims—it will unwittingly foster political institutions and doctrines strikingly at odds with its own values. Brown and Halley have assembled essays from diverse contributors—law professors, philosophers, political theorists, and literary critics—united chiefly by their willingness to think critically from the left about left legal projects. The essays themselves vary by topic, by theoretical approach, and by conclusion. While some contributors attempt to rework particular left legal projects, others insist upon abandoning or replacing those projects. Still others leave open the question of what is to be done as they devote their critical attention to understanding what we are doing. Above all, Left Legalism/Left Critique is a rare contemporary argument and model for the intellectually exhilarating and politically enriching dimensions of left critique—dimensions that persist even, and perhaps especially, when critique is unsure of the intellectual and political possibilities it may produce. Contributors: Lauren Berlant, Wendy Brown, Judith Butler, Drucilla Cornell, Richard T. Ford, Katherine M. Franke, Janet Halley, Mark Kelman, David Kennedy, Duncan Kennedy, Gillian Lester, Michael Warner

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 Petrocultures written by Sheena Wilson and published by McGill-Queen's Press - MQUP. This book was released on 2017-06-26 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary life is founded on oil – a cheap, accessible, and rich source of energy that has shaped cities and manufacturing economies at the same time that it has increased mobility, global trade, and environmental devastation. Despite oil’s essential role, full recognition of its social and cultural significance has only become a prominent feature of everyday debate and discussion in the early twenty-first century. Presenting a multifaceted analysis of the cultural, social, and political claims and assumptions that guide how we think and talk about oil, Petrocultures maps the complex and often contradictory ways in which oil has influenced the public’s imagination around the world. This collection of essays shows that oil’s vast network of social and historical narratives and the processes that enable its extraction are what characterize its importance, and that its circulation through this immense web of relations forms worldwide experiences and expectations. Contributors’ essays investigate the discourses surrounding oil in contemporary culture while advancing and configuring new ways to discuss the cultural ecosystem that it has created. A window into the social role of oil, Petrocultures also contemplates what it would mean if human life were no longer deeply shaped by the consumption of fossil fuels.

Download or read book Italian Populism and Constitutional Law written by Giacomo Delledonne and published by Palgrave Macmillan. This book was released on 2020-02-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores the relationship between constitutionalism and populism in the Italian context. Italian populism is of interest to comparative lawyers for many reasons. Firstly, the country has a long-lasting tradition of anti-parliamentarism over the course of its history as a unitary state. After the 2018 general election, it has turned into the first European country in which two self-styled populist parties formed a coalition government. Although it collapsed in August 2019, many issues that it had raised remain. Secondly, as Italy is a founding member of the European Communities, the constitutional implications of populist politics have to be considered not only within the national framework but also in a wider context. This book argues that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. Indeed, populism frequently relies on concepts and categories belonging to the language of constitutionalism (majority, democracy, people), offering a kind of constitutional counter-narrative.

Download or read book Republicanism Liberty and Commercial Society 1649 1776 written by David Wootton and published by Stanford University Press. This book was released on 1994 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of republicanism in an Anglo-American and European context gives weight not only to the thought of the theorists of republicanism but also to the practical experience of republican governments in England, Geneva, the Netherlands, and Venice.

Download or read book Power and Legitimacy written by Peter L. Lindseth and published by Oxford University Press, USA. This book was released on 2010 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The implications of European integration for national democracy and constitutionalism are well known. Nevertheless, as the events of the last decade made clear, the EU's complex system of governance has been unable to achieve a democratic or constitutional legitimacy in its own right. In Power and Legitimacy: Reconciling Europe and the Nation-State, Peter L. Lindseth traces the roots of this paradox to integration's dependence on the postwar constitutional settlement of administrative governance on the national level. Supranational policymaking has relied on various forms of oversight from national constitutional bodies, following models that were first developed in the administrative state and then translated into the European context. These national oversight mechanisms (executive, legislative, and judicial) have over the last half-century developed to address the central disconnect in the integration process: between the need for supranational regulatory power, on the one hand, and the persistence of national constitutional legitimacy, on the other. In defining the ways European public law has sought to reconcile these two conflicting demands, Professor Lindseth lays the foundation for a better understanding of the "administrative, not constitutional" nature of European governance going forward.

Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

Download or read book General Principles and the Coherence of International Law written by Mads Andenas and published by BRILL. This book was released on 2019-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system. This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.

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 Human Dignity Religion and the Law written by Mark Hill KC and published by Taylor & Francis. This book was released on 2024-09-09 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of human dignity is already embedded in the constitutional architecture of the European Union and throughout the world, but it remains a slippery and elusive concept. In this volume, leading commentators from across the globe address the shift from the monolithic influence of major world religions in the past towards religious pluralism coupled with the increased secularism of civil society. The contributors, drawn from different backgrounds and traditions, explore how the deployment of a nuanced understanding of human dignity can provide a way to maximise religious liberty for all within liberal democracies. Specific consideration is given to the reasonable accommodation of religious practices through exemptions to generally applicable laws, conscientious objection on the grounds of religious beliefs, the interplay between religious pluralism and legal pluralism, balancing religious sensibilities with same-sex marriage, exercising the right to change one’s religion, both generally and with a particular focus on data protection, protecting the right to asylum in the light of recent changes in migratory flows and exploring its impact on those enjoying non-theistic beliefs, as well as the complex relationship between the Ukrainian and Russian Orthodox Churches in these febrile times. Through the prism of informed investigation of these matters of specificity, the volume offers readers fresh insights and analysis which collectively contribute to an overall picture of governments in liberal democracies being encouraged and enabled to foster laws and practices whereby pluralism can be encouraged, and human dignity can flourish. The book will be of interest to academics, researchers and policy-makers working in the areas of Law and Religion, Human Rights Law, Constitutional Law and International Relations.

Download or read book La cittadinanza che cambia written by Fondazione Giuseppe Di Vittorio and published by Futura. This book was released on 2006 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Labour Law and Welfare Systems in an Era of Demographic Technological and Environmental Changes written by Anthony Forsyth and published by Cambridge Scholars Publishing. This book was released on 2019-06-19 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses how labour law and welfare systems will be affected by the ongoing transformation of work. The first section considers demography from two different perspectives. On the one hand, it focuses on chronic diseases and their impact on work, emphasising the role and the regulation of welfare systems. On the other, attention is given to youth unemployment and to those forms of employment which might have an impact on young people. Section II touches upon the relationship between the environment and industrial relations, while the third part broaches the topic of the impact of technology in the context of the Fourth Industrial Revolution, also known as Industry 4.0. As such, this volume provides an exhaustive picture of the changes currently underway, considering all the aspects which will affect work now and in the future.

Download or read book Understanding Human Rights Principles written by Jeffrey Jowell and published by Bloomsbury Publishing. This book was released on 2001-04-30 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are brought to life by a number of defining principles. This text explores each of those principles in depth through comprehensive,informative and provocative papers written by prominent and distinguished practitioners and legal academics. These papers were first delivered at a series of seminars organised by JUSTICE and University College London. Contents: Foreword by the Hon. Mr Justice Richards Introduction by Jeffrey Jowell QC and Jonathan Cooper The concept of a lawful interference with fundamental rights - Helen Mountfield Identifying the principles of proportionality - Michael Fordham and Thomas de la Mare Dertermining civil rights and obligations - Javan Herberg, Andrew le Sueur and Jane Mulcahy Positive obligations under the Convention - Keir Starmer The horizontal effect of the Human Rights Act: moving beyond the public-private distinction - Murray Hunt The place of the Human Rights Act in a democratic society - Rabinder Singh Part of the Justice Series.

Download or read book Metaphor Sustainability Transformation written by Ian Hughes and published by Routledge. This book was released on 2021-07-29 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an eclectic range of transdisciplinary insights into the role of metaphor, myth and fable in shaping our understanding of the world and how we interact with it and with each other. Drawing on innovative perspectives from widely different fields, this book explores how metaphor might facilitate and underpin transformative change towards environmental, ecological and societal sustainability. It illustrates the ways in which contemporary metaphors lock us into patterns of thinking, modes of behaviour, and styles of living that reproduce and accentuate our current socio-environmental problems. It sets itself the task of finding new metaphors and myths that might help move us towards sustainability as societal flourishing. By examining the use of metaphor in diverse fields such as energy use, the food system, health care, arts and the humanities, it invites the reader to reflect on the deep-seated influence of language in general, and metaphor in particular, in shaping how we understand and act upon the world. Re-imagining the use of language in framing both the problems we face and the solutions we devise, this novel contribution is a vital source of ideas for those aiming to change how we think and act in pursuit of more sustainable futures.

Download or read book Il Concetto Giuridico Moderno Della Rappresentanza Politica written by Vincenzo Miceli and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In questo saggio coraggioso e illuminante, Vincenzo Miceli propone una riflessione critica sul concetto di rappresentanza politica nella modernità. Con una scrittura lucida e serrata, Miceli esamina le principali teorie della rappresentanza e ne mette in luce le criticità. Un libro essenziale per chiunque sia interessato alla teoria del diritto e alla storia delle idee politiche. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.