Download or read book Les juges de la Cour Supr me des Etats Unis et la notion de constitution vivante written by Apostolos Vlachogiannis and published by . This book was released on 2011 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Les juges de la Cour Suprême des États-Unis et la notion de constitution vivante.Une constitution écrite peut-elle évoluer au cours du temps et s’adapter aux besoins et aux valeurs évolutives de la société, sans pour autant être révisée formellement ? Et si oui, qu’en est-il du texte constitutionnel ? Devant ces interrogations, la notion de constitution vivante vise à résoudre le paradoxe du changement matériel de la Constitution sans modification du texte. Elle est sans aucun doute un topos – qui ne manque pas de susciter des critiques,notamment celle de la théorie dite « originaliste » - de la pensée constitutionnelle américaine, un concept mobilisé, en l’occurrence, pour justifier la cause de la réforme juridique et sociale. Elle a été développée,durant le XXe siècle, principalement par des juges de la Cour Suprême américaine qui ont fourni une approche stimulante et fertile de la nature de la Constitution. La notion de constitution vivante exprime donc une conception évolutive de la Loi suprême, qui saurait, par sa flexibilité et sa fonctionnalité,s’adapter au changement de circonstances. Dans ce cadre, elle a été instrumentalisée afin de surmonter la rigidité de la procédure de révision formelle prescrite par l’article V de la Constitution. Cette notion est dès lors porteuse de la tension entre la permanence du texte et l’évolution du droit constitutionnel positif. Pour justifier ce décalage entre la forme et le fond, les juges défenseurs de la constitution vivante ont toujours traité le texte comme un « document vivant », qui doit être lu à la lumière des valeurs évolutives et des idéaux partagés par le peuple américain.

Download or read book La Living Constitution written by Apostolos Vlachogiannis and published by Editions Classiques Garnier. This book was released on 2014 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le présent ouvrage étudie la trajectoire historique de la notion de constitution vivante dans la pensée constitutionnelle américaine. Il s'agit d'une notion développée par les juges de la Cour suprême qui a marqué certains des plus grands moments historiques outre-Atlantique au cours du xxe siècle --

Download or read book La Living Constitution Les juges de la Cour supr me des tats Unis et la Constitution written by Apostolos Vlachogiannis and published by . This book was released on 2014 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Comment les juges de la cour supr me des Etats Unis pensent l id e de constitution written by Apostolos Vlachogiannis and published by . This book was released on 2007 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.

Download or read book Free and Fair Elections written by Guy S. Goodwin-Gill and published by Inter-Parliamentary Union. This book was released on 2006 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Secession written by Marcelo G. Kohen and published by Cambridge University Press. This book was released on 2006-03-21 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study of secession from an international law perspective.

Download or read book Making Better International Law written by and published by . This book was released on 1998 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains the texts of the papers presented at the UN Colloquium, together with a record of those presentations and of the discussions which took place around them.

Download or read book Philosophy manual a South South perspective written by Chanthalangsy, Phinith and published by UNESCO Publishing. This book was released on 2014-12-31 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Degrees of European Belonging written by Élisabeth Le and published by John Benjamins Publishing Company. This book was released on 2021-03-15 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: While we tend to divide the world into Us and Them, a number of grey nuances exist beyond this white and black distinction. The purpose of this book is to address the fuzzy areas between Us and Them through the study of European belonging as it is represented in the French elite daily, Le Monde. Corpora collected from 2014 to 2017 are used for case studies in the framework of Discourse Analysis to look at the use of “Europe” in headlines, and the representation of the United Kingdom, Poland, Hungary, Romania, Ukraine, Belarus, and Turkey. The combination of these case studies allows to present a conceptual framework for the representation of Europe by Le Monde. However, beyond the study of what belonging to Europe means for Le Monde, this book is about the legitimacy of being “in-between”, i.e. belonging neither totally to Us nor to Them.

Download or read book The Continental Shelf written by M. W. Mouton and published by Springer. This book was released on 2013-11-22 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Weak Courts Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Download or read book Labour Rights as Human Rights written by Philip Alston and published by Collected Courses of the Acade. This book was released on 2005 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are efforts to protect workers' rights compatible with the forces of globalization? How can minimum standards designed to protect labour rights be implemented in a world in which national labour law is more and more at the mercy of international forces beyond its control? And does it makeany difference if we see rights such as the right to freedom of association, to non-discrimination in the workplace, to freedom from child labour, and to safe and healthy working conditions in terms of international human rights law? Or are they more appropriately seen as 'principles' to bepromoted as and where appropriate?The contributors to this volume argue that international agreements and institutions are of central importance if labour rights are to be protected in a globalized economy. But the report cards they give to the World Trade Organization, the European Union, NAFTA, and the Free Trade Agreement of theAmericas are generally very critical. While there is a strong rhetorical commitment to labour rights, at least on the part of the US and the EU, the substance of what has been achieved to date is hardly impressive. The role of the International Labour Organization is central and the authorsexplore some of the options that are open to governments, civil society, and the labour movement in the years ahead.

Download or read book POLITICAL WRITINGS OF JEAN JACQUES ROUSSEAU written by JEAN JACQUES. ROUSSEAU and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Crawford Oliver and published by Oxford University Press. This book was released on 2017 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Download or read book French Constitutional Law written by John Bell and published by Oxford University Press on Demand. This book was released on 1994 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is both tte first systematic English-language study of judicial review in France and a source of key materials in English translation.

Download or read book Gender Matters written by Dennis van der Veur and published by Council of Europe. This book was released on 2007-01-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: "'Gender Matters' is a manual aimed to assist educators and youth leaders work on issues of gender and gender-based violence with young people. This publication presents theoretical information, methods and resources for education and training activities, along with concrete exercises that users can put into practice in their daily work. Violence is a serious issue which directly affects the lives of many young people. It often results in lasting damage to their well-being and integrity, putting even their lives at risk. Gender-based violence, including violence against women, remains a key human rights challenge in contemporary Europe and in the world. Working with young people on human rights education is one way of preventing gender-based violence from occurring. By raising awareness on why and how it manifests and exploring its impact on people and in society, gender-based violence will no longer go undetected. Gender really does matter, to women, to men, to young people - to all of us. This manual serves to explore these human rights issues and act upon them."--Book jacket.