Download or read book The Rule of Law History Theory and Criticism written by Pietro Costa and published by Springer Science & Business Media. This book was released on 2007-05-06 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.

Download or read book The Legal Order written by Santi Romano and published by Taylor & Francis. This book was released on 2017-07-14 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1917, with a second edition in 1948, this is the first English translation of Santi Romano’s classic work, The Legal Order. The focus is on the notion of institution, which Romano considers the core and distinguishing feature of law. The Legal Order offers precious insights for a thorough rethinking of state-based models of law.

Download or read book Constitutionalism and the Rule of Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2017-02-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of how rule of law and constitutional ideals inform, and are informed by, political realities.

Download or read book A Citizen s Guide to the Rule of Law written by Adis Nicolaidis, Kalypso Merdzanovic and published by BoD – Books on Demand. This book was released on 2021-04-20 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.

Download or read book Recueil Des Cours Collected Courses 1960 written by Hague Academy of International Law and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Accounts and Papers of the House of Commons written by Great Britain. Parliament. House of Commons and published by . This book was released on 1873 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Parliamentary Papers written by Great Britain. Parliament. House of Commons and published by . This book was released on 1858 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Evolution of Law and the State in Europe written by Spyridon Flogaitis and published by Bloomsbury Publishing. This book was released on 2014-11-06 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most books about public power and the state deal with their subject from the point of view of legal theory, sociology or political science. This book, without claiming to deliver a comprehensive theory of law and state, aims to inform by offering a fresh reading of history and institutions, particularly as they have developed in continental Europe and European political and legal science. Drawing on a remarkably wide range of sources from both Western and Eastern Europe, the author suggests that only by knowing the history of the state, and state administration since the twelfth century, can we begin to comprehend the continuing importance of the state and public powers in modern Europe. In an era of globalization, when the importance of international law and institutions frequently lead to the claim that the state either no longer exists or no longer matters, the truth is in fact more complex. We now live in an era where the balance is shifting away from the struggle to build states based on democratic values, towards fundamental values existing above and beyond the borders of nations and states, under the watchful gaze of judges bound by the rule of law.

Download or read book Rule of Law vs Majoritarian Democracy written by Giuliano Amato and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation.

Download or read book The Public private Law Divide written by Matthias Ruffert and published by BIICL. This book was released on 2009 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This publication is a collection of papers of the second meeting of the Dornburg Research Group on New Administrative Law which was held in London in May 2007"--Acknowledgments.

Download or read book The Struggle over Law in Europe written by Aldo Sandulli and published by Taylor & Francis. This book was released on 2024-04-29 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should be to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analyzing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.

Download or read book La n cessit en droit international written by Sarah Cassella and published by BRILL. This book was released on 2011-05-06 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: La Commission du droit international, après avoir longuement hésité, a inscrit l’état de nécessité dans sa codification de la responsabilité des États en tant que circonstance excluant l’illicéité. L’objet de cette étude est de démontrer qu’il s’agit d’un mécanisme beaucoup plus diffus et fondamental du droit international, intimement lié à ses caractéristiques propres. Il a comme fonction la limitation des obligations substantielles des États lors de la survenance d’un fait-condition – la situation de nécessité – afin d’éviter que l’application du droit ne génère un coût social excessif. Sa réalisation requiert toujours une pondération des intérêts en conflit. Seulement lorsqu’un coût social excessif ne peut être évité, l’état de nécessité intervient dans le cadre des obligations secondaires de la responsabilité internationale, en tant que circonstance atténuante. After much hesitation, the International Law Commission codified the state of necessity as a circumstance precluding wrongfulness in the field of State responsibility. This study aims to demonstrate that it is a much wider mechanism, essential to international law and strictly connected to its own characteristics. It performs the function of limiting the substantial obligations of States in case of the realization of a fact condition – a situation of necessity – in order to avert an excessive social cost, born out of law implementation. It always works through a balance of conflicting interests. Only when a social cost cannot be avoided, the state of necessity, under the features of a mitigating circumstance, enters the field of secondary obligations relating to international responsibility.

Download or read book Sovereign Excess Legitimacy and Resistance written by Francescomaria Tedesco and published by Routledge. This book was released on 2018-10-04 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: When talking about his film Salò, Pasolini claimed that nothing is more anarchic than power, because power does whatever it wants, and what power wants is totally arbitrary. And yet, upon examining the murderous capital of modern sovereignty, the fragility emerges of a power whose existence depends on its victims’ recognition. Like a prayer from God, the command implores to be loved, also by those whom it puts to death. Benefitting from this "political theurgy" as the book calls it (the idea that a power, like God, claiming to be full of glory, constantly needs to be glorified) is Barnardine, the Bohemian murderer in Shakespeare’s Measure for Measure, as he, called upon by power to the gallows, answers with a curse: ‘a pox o’ your throats’. He does not want to die, nor, indeed, will he. And so, he becomes sovereign. On a level with and against the State.

Download or read book Mussolini s Intellectuals written by A. James Gregor and published by Princeton University Press. This book was released on 2009-01-10 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fascism has traditionally been characterized as irrational and anti-intellectual, finding expression exclusively as a cluster of myths, emotions, instincts, and hatreds. This intellectual history of Italian Fascism--the product of four decades of work by one of the leading experts on the subject in the English-speaking world--provides an alternative account. A. James Gregor argues that Italian Fascism may have been a flawed system of belief, but it was neither more nor less irrational than other revolutionary ideologies of the twentieth century. Gregor makes this case by presenting for the first time a chronological account of the major intellectual figures of Italian Fascism, tracing how the movement's ideas evolved in response to social and political developments inside and outside of Italy. Gregor follows Fascist thought from its beginnings in socialist ideology about the time of the First World War--when Mussolini himself was a leader of revolutionary socialism--through its evolution into a separate body of thought and to its destruction in the Second World War. Along the way, Gregor offers extended accounts of some of Italian Fascism's major thinkers, including Sergio Panunzio and Ugo Spirito, Alfredo Rocco (Mussolini's Minister of Justice), and Julius Evola, a bizarre and sinister figure who has inspired much contemporary "neofascism." Gregor's account reveals the flaws and tensions that dogged Fascist thought from the beginning, but shows that if we want to come to grips with one of the most important political movements of the twentieth century, we nevertheless need to understand that Fascism had serious intellectual as well as visceral roots.

Download or read book Italian Journal of Sociology written by Augusto Bosco and published by . This book was released on 1912 with total page 802 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Responses to Sea Migration and the Rule of Law written by Katia Bianchini and published by Bloomsbury Publishing. This book was released on 2024-08-22 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the current debates on sea migration there is a dearth of works drawing on the rule of law. This important book addresses this failing. Considering the question from that conceptual framework, it is able to broaden the sometimes fragmented and incomplete perspective of existing scholarship. The book takes as its central case study the experience of Italy, exploring the legal issues at play there and its institutional practices and policies. From here its focus broadens out to the wider EU experience, looking in particular at those problems common to southern EU states, such as failures and delays in assisting migrants in distress at sea and contested legal grounds and practices concerning interceptions at sea. It combines both legal and empirical data, charting both the black letter law and how it operates in practice. In a field as complex as this, this clarity is key; it allows lawyers, political scientists and policymakers to truly engage with the challenges sea migration poses today.

Download or read book The Use of Armed Force in Occupied Territory written by Marco Longobardo and published by Cambridge University Press. This book was released on 2018-10-18 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the international law framework governing the use of armed force in occupied territory through a rigorous analysis of the interplay between jus ad bellum, international humanitarian law, and international human rights law. Through an examination of state practice and opinio juris, treaty provisions and relevant international and domestic case law, this book offers the first comprehensive study on this topic. This book will be relevant to scholars, practitioners, legal advisors, and students across a range of sub-disciplines of international law, as well as in peace and conflict studies, international relations, and political science. This study will influence the way in which States use armed force in occupied territory, offering guidance and support in litigations before domestic and international courts and tribunals.