Download or read book Local Meanings of Proportionality written by Afroditi Marketou and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Proportionality increasingly dominates legal imagination. Its spread, accompanied by a global paradigm of constitutional rights, appears to be an irresistible natural development. This book was inspired by the intuition that even though courts and lawyers around the world reason more and more in proportionality terms, proportionality can mean very different things in different contexts, even within the same legal system. While the relevant literature has paid little attention to differences in the use of proportionality, identifying the local meanings of proportionality is crucial to making sense of its spread, to assessing its success, and to appraising the possibility of convergence between legal systems. Through an in-depth study and comparison of the use of proportionality by legal actors in France, England, and Greece, this work shows that the local meanings of proportionality are not simply deviant applications of a global model. Instead, they reflect the legal cultures in which proportionality evolves, local paths of cultural change and local patterns of Europeanisation"--
Download or read book Local Meanings of Proportionality written by Afroditi Marketou and published by Cambridge University Press. This book was released on 2021-07-22 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers one of the rare empirical studies on the different meanings of proportionality as part of a global constitutional discourse. It develops and applies a theoretically informed comparative methodology for the study of differences in the use of legal transfers. Beyond the transplant versus culture controversy, it enriches our understanding of the relationship between law and its social context. Beyond the common law and civil law cleavage, it provides an in-depth comparison of French, English and Greek judicial review, rendering some core features of these systems accessible to non-initiated readers. The last part of the book provides insights as to the different visions of Europe underlying different phases of European integration and thus enriches our understanding of the process of integration through law.
Download or read book Local Meanings of Proportionality written by Afroditi Marketou and published by Cambridge University Press. This book was released on 2021-07-22 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: A strong counter-argument to the universalising discourse on proportionality and global constitutionalism.
Download or read book Proportionality and Transformation written by Francisca Pou-Giménez and published by Cambridge University Press. This book was released on 2022-11-03 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book on the theory and practice of proportionality in Latin American constitutional law.
Download or read book Comparative Law and the Task of Negative Critique written by Pierre Legrand and published by Taylor & Francis. This book was released on 2023-05-09 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book’s essays seek to cleanse comparative law of some of the epistemic detritus it has been collecting and that has been cluttering its theory and practice to the point where this flotsam has effectively stultified ‘good’ comparison. While a critique would pursue adjustments to the prevailing model, this text’s negative critique seeks a much more radical refurbishment as it utters an emphatic ‘no’ to the governing epistemology: it pursues, in effect, a deposition and a disposition of the leading epistemic configuration and the various assumptions regarding the acquisition of knowledge about foreign law that inform it. Negative comparative law thus operates at a primordial level inasmuch as it concerns the matter of justice: it aims to do justice to foreign law as foreignness finds itself appropriated and travestied by comparatists for ideological purposes. In the process, negative critique purports significantly to enhance comparative law’s institutional, intellectual, and ethical respectability. This book will benefit all law teachers and postgraduate law students interested in the workings of law on the international scene, whether specialists in comparative law, public international law, private international law, transnational law, or foreign relations law – in particular, individuals bringing to bear a critical inclination to their subject-matter.
Download or read book Negative Comparative Law written by Pierre Legrand and published by Cambridge University Press. This book was released on 2022-06-09 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Negative Comparative Law presents a critical manifesto for a radically alternative approach to the theory and practice of comparative law. Harnessing insights from a range of disciplinary discourses, this book advocates for comparative law's rejection of its dominant epistemology and the investigation of the study of foreignness anew.
Download or read book Proportionality in Action written by Mordechai Kremnitzer and published by Cambridge University Press. This book was released on 2020-04-30 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
Download or read book Researching the European Court of Justice written by Mikael Rask Madsen and published by Cambridge University Press. This book was released on 2022-05-26 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book takes stock of the on-going 'methodological turn' in the field of EU law scholarship. Introducing a new generation of scholars of the European Court of Justice from law, history, sociology, political science and linguistics, it provides a set of novel interdisciplinary research strategies and empirical materials for the study of the Court of Justice of the European Union. The twelve case studies included challenge the usual top-down approach to EU law and the CJEU and instead suggest a more localized and fine-grained observation of the socio-legal actors and practices involved in the making of CJEU case-law. Moving beyond mainstream legal scholarship and the established 'grand narratives' of legal integration, the volume provides a more historically-informed and sociologically-grounded account of the EU law's uneven embeddedness in Europe's economies and societies.
Download or read book Proportionality written by Vicki C. Jackson and published by Cambridge University Press. This book was released on 2017-09-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Contributions from some of the seminal thinkers on the development of scholarship on proportionality (e.g. Alexy, Barak, and Beatty) extend their prior work and engage in an important dialogue on the topic. Some offer substantial critiques, others defend the doctrine and offer important clarifications and extensions of their prior work. Throughout, the authors engage not only with case law from around the world but also with existing scholarly treatments of the subject. Mathematical treatments are avoided, making the book accessible to readers from both 'soft' and hard' social science backgrounds.
Download or read book Trust Courts and Social Rights written by David Vitale and published by Cambridge University Press. This book was released on 2024-01-31 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government.
Download or read book The Law As a Conversation among Equals written by Roberto Gargarella and published by Cambridge University Press. This book was released on 2022-04-21 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In times of disenchantment with democracy and 'erosion' of the system of checks and balances, the book proposes to reflect upon the main problems of our constitutional democracies, from a particular regulative ideal: that of the conversation among equals.
Download or read book The Collaborative Constitution written by Aileen Kavanagh and published by Cambridge University Press. This book was released on 2023-09-30 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that protecting rights in a democracy is a collaborative constitutional enterprise between all three branches of government.
Download or read book Global Gender Constitutionalism and Women s Citizenship written by Ruth Rubio-Marin and published by Cambridge University Press. This book was released on 2022-10-06 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers whether and how constitutions have affirmed women's equal citizenship status, from the birth of constitutionalism to the present.
Download or read book Beyond Expropriation Without Compensation written by Olaf Zenker and published by Cambridge University Press. This book was released on 2024-04-30 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experts on property law, land reform and social justice debate constitutional change and future of redistributive justice in South Africa.
Download or read book Ruling by Cheating written by András Sajó and published by Cambridge University Press. This book was released on 2021-08-12 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analysing the constitutional system of illiberal democracies (from Venezuela to Poland) and illiberal phenomena in 'mature democracies' that are justified in the name of 'the will of the people', this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are more popular and therefore more genuine because their rule is based on conservative, plebeian and 'patriotic' constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive - an abuse of constitutionalism and the rule of law, not a different conception of these ideas.
Download or read book Non Statutory Executive Powers and Judicial Review written by Jason Grant Allen and published by Cambridge University Press. This book was released on 2022-08-25 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: That non-statutory executive powers are subject to judicial review is beyond doubt. But current judicial practice challenges prevailing theories of judicial review and raises a host of questions about the nature of official power and action. This is particularly the case for official powers not associated with the Royal Prerogative, which have been argued to comprise a “third source” of governmental authority. Looking at non-statutory powers directly, rather than incidentally, stirs up the intense but ultimately inconclusive debate about the conceptual basis of judicial review in English law. This provocative book argues that modern judges and scholars have neglected the very concepts necessary to understand the supervisory jurisdiction and that the law has become more complex than it needs to be. If we start from the concept of office and official action, rather than grand ideas about parliamentary sovereignty and the courts, the central questions answer themselves.
Download or read book Courting Constitutionalism written by Moeen Cheema and published by Cambridge University Press. This book was released on 2021-12-16 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a deeply contextualized account of public law and judicial review in Pakistan.
