Download or read book The Democratic Legitimacy of International Law written by Steven Wheatley and published by Hart Publishing. This book was released on 2010-06-02 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book restates the deliberative ideal developed by Habermas, and applies this to the systems of global governance.
Download or read book Legitimacy in International Law written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2008-02-26 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Download or read book The Legitimacy of International Human Rights Regimes written by Andreas Føllesdal and published by Cambridge University Press. This book was released on 2013-10-24 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past sixty years have seen an expansion of international human rights conventions and supervisory organs, not least in Europe. While these international legal instruments have enlarged their mandate, they have also faced opposition and criticism from political actors at the state level, even in well-functioning democracies. Against the backdrop of such contestations, this book brings together prominent scholars in law, political philosophy and international relations in order to address the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority. It provides a unique and thorough overview of the legitimacy problems involved in the global governance of human rights.
Download or read book The Promise of Human Rights written by Jamie Mayerfeld and published by University of Pennsylvania Press. This book was released on 2016-05-27 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jamie Mayerfeld defends international human rights law as an extension of domestic checks and balances and therefore necessary to constitutional government. The book combines theoretical reflections on democracy and constitutionalism with a case study of the contrasting human rights policies of Europe and the United States.
Download or read book Legitimacy Justice and Public International Law written by Lukas H. Meyer and published by Cambridge University Press. This book was released on 2009-11-12 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.
Download or read book Political Constitutionalism written by Richard Bellamy and published by Cambridge University Press. This book was released on 2007-09-13 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.
Download or read book Democratic Governance and International Law written by Gregory H. Fox and published by Cambridge University Press. This book was released on 2000-05-11 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: PART V CRITICAL APPROACHES.
Download or read book Democracy and International Law written by Gregory H. Fox and published by . This book was released on 2020 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a 'democratic entitlement' was emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. Together with an original introduction, this volume collects the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent 'democratic recession' in many regions of the world.
Download or read book Debating the Democratic Legitimacy of the European Union written by Beate Kohler-Koch and published by Rowman & Littlefield Publishers. This book was released on 2007-04-18 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: The discussion about a constitution for the European Union and its rejection by referendum in two of the EU founding member states has once again spurred public and scholarly interest in the democratic quality and potential of the European Union. Debating the Democratic Legitimacy of the European Union brings together distinguished thinkers from law, political science, sociology, and political philosophy to explore the potential for democratically legitimate governance in the European Union. Drawing on different theoretical perspectives and strands from democratic theory, this volume is the first of its kind to overcome the present state of fragmentation in the debate about the conditions and possible remedies for what is often called the "democratic deficit" of the European Union. Among the pressing questions addressed by the contributors are: What future is there for parliamentary democracy in the European Union? Can we observe the evolution of a European public sphere and civil society? Can participatory democracy or deliberative democracy pave the road for a democratically legitimate European Union? Conversations about democracy have engaged the public in a new way since the beginning of the Iraq war, and this volume is the best resource for students and readers who are interested in democracy in the European Union. Contributions by: Rudy B. Andeweg, Katrin Auel, Arthur Benz, Lars-Erik Cederman, Damian Chalmers, Deirdre Curtin, Donatella Della Porta, Klaus Eder, Erik O. Eriksen, Ulrich Haltern, Hubert Heinelt, Doug Imig, Christian Joerges, Beate Kohler-Koch, Christopher Lord, Paul Magnette, Andreas Maurer, Jeremy Richardson, Berthold Rittberger, Rainer Schmalz-Bruns, Michael Th. Greven, Hans-Jörg Trenz, and Armin von Bogdandy
Download or read book The Philosophy of International Law written by Samantha Besson and published by Oxford University Press. This book was released on 2010-04 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.
Download or read book Legitimacy and International Courts written by Nienke Grossman and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
Download or read book Democratic Legitimacy written by Fabienne Peter and published by Routledge. This book was released on 2009-01-13 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a systematic treatment of democratic legitimacy, interpreted as a distinct normative concept. It defends the view that democratic legitimacy requires that decisions are made in a process that is politically and epistemically fair.
Download or read book International Judicial Legitimacy written by Hélène Ruiz Fabri and published by . This book was released on 2020-07-09 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: These texts on the legitimacy of international courts were framed as a direct reaction to arguments put forward in the book "In Whose Name?" by Armin von Bogdandy und Ingo Venzke. The subjects ranged from a comparison between international organizations and international courts and how they can contribute to democratize international law to assessing the democratic legitimacy of international human rights courts. Therefore the collection is dealing with both theoretical and practical questions regarding the legitimacy of international courts and how such problems relate to fundamental problems of our times.
Download or read book Intervention in Civil Wars written by Chiara Redaelli and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.
Download or read book Legitimacy written by Arthur Isak Applbaum and published by Harvard University Press. This book was released on 2019-11-19 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate. What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently. How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason. Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.
Download or read book Governmental Illegitimacy in International Law written by Brad R. Roth and published by . This book was released on 1999 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.
Download or read book Philosophy and International Law written by David Lefkowitz and published by Cambridge University Press. This book was released on 2020-10-29 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.
