Download or read book Per una teoria giuridica dello Stato written by Michel Troper and published by Guida Editori. This book was released on 1998 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Jahrbuch des Offentlichen Rechts der Gegenwart Neue Folge written by Peter Haberle and published by Mohr Siebeck. This book was released on 1996-12-31 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Theory and Practice of Legislation written by Luc J. Wintgens and published by Routledge. This book was released on 2017-03-02 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory - hence 'legisprudence'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. The original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.
Download or read book Law and the Formation of Modern Europe written by Mikael Rask Madsen and published by Cambridge University Press. This book was released on 2014-07-10 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Formation of Modern Europe explores processes of legal construction in both the national and supranational domains, and it provides an overview of the modern European legal order. In its supranational focus, it examines the sociological pressures which have given rise to European public law, the national origins of key transnational legal institutions and the elite motivations driving the formation of European law. In its national focus, it addresses legal questions and problems which have assumed importance in parallel fashion in different national societies, and which have shaped European law more indirectly. Examples of this are the post-1914 transformation of classical private law, the rise of corporatism, the legal response to the post-1945 legacy of authoritarianism, the emergence of human rights law and the growth of judicial review. This two-level sociological approach to European law results in unique insights into the dynamics of national and supranational legal formation.
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 Limitations of National Sovereignty through European Integration written by Rainer Arnold and published by Springer. This book was released on 2016-02-25 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected with the EU by international treaties. It becomes clear that primacy of EU law, the most significant expression of supra-nationality, collides with national sovereignty as anchored in the national constitutions. The studies clearly show that most member states do not fully deny EU law primacy but are aware of the need to find an adequate balance between the supranational and the national orders. The result from the analyses of the authors from various European countries is that the upcoming constitutional paradigm is “constitutional identity”, a concept established by jurisprudence in Germany, France, Czech Republic (without being named so) and debated also in Poland which, herself, denies supranational impact on the national Constitution entirely. Studies on selected EU member states clarify the specific national approaches towards the limitations of their sovereignty as developed by the constitutional jurisprudence (Poland, Czech Republic, Hungary, Romania, Italy, Germany with comparative references to United Kingdom and France). It is illuminated that traditionally strong sovereignty concepts (UK, France) are considerably relativized and functionally opened towards the integration challenges. Basic issues are furthermore reflected, such as the supranational impact on the State’s power to reform its Constitution, the relation of national and constitutional identity and the national and supranational perspectives of identity. The book also includes Europe beyond the EU by research on the supranational character of association treaties (from a Ukrainian perspective) and on the Europeanization of a third country preparing EU membership (Albania).
Download or read book Recueil Des Cours written by and published by Martinus Nijhoff Publishers. This book was released on 1980-04 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
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 Challenging centralism written by Lea Campos Boralevi and published by Firenze University Press. This book was released on 2011 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, which is the result of a project of Research of Relevant National Interest (PRIN 2007), presents an overview of theoretical-political thought as a challenge to centralism, starting from the late Middle Ages and the Modern Age through to the twentieth century. As against a 'vertical' vision of European politics which, from Machiavelli to Mosca, favours the hierarchical nature of power relations, the essays collected here are presented as a number of brief chapters in the history of the 'horizontal paradigm' in European political thought. They demonstrate the wealth and the persistence of a tradition and of the myriad experiences and theorisations that have, in effect, proposed forms of decentralisation and of association frequently coexisting with centralism, as in the case of the autonomies within the system of the great national states.
Download or read book Towards and Beyond the Italian Republic written by Davide Cadeddu and published by Springer Nature. This book was released on 2021-07-12 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the historical process that led to the foundation of the Italian Republic and its constitution, viewed through the personal experiences and political reflections of Adriano Olivetti (between 1919 and 1960), general manager and president of the well-known typewriter manufacturer “Ing. C. Olivetti & C.” An unbroken line of reasoning linked his maturing political reflections during the two post-war periods. The historical context of the 1950s did not prove to be very propitious, but the guidelines dispersed throughout the Italian cultural and political world from the movement that Olivetti founded were certainly seminal – generating a legacy of ideas that has only in part been recognized. What makes this study distinctive is the original approach to reading the history of Italy through Adriano Olivetti’s eyes and thoughts, far from the more common Christian Democratic or Communist perspective of those years. It is simply another view of what the Italian Republic could be and was not.
Download or read book Parliamentary Oversight of the Executives written by Elena Griglio and published by Bloomsbury Publishing. This book was released on 2020-10-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oversight of executives has always been a key function of parliaments and one that is central to developing the relationship between the executive and legislative branches of government. However, in reality governments are taking a more pronounced role in controlling legislation, diluting the influence of parliament. This book plots this trend in parliaments across Europe, to illustrate points of convergence and divergence. In so doing, it suggest tools and methods that parliaments can develop to bolster their crucial oversight role.
Download or read book Soziologische Jurisprudenz written by Gralf-Peter Calliess and published by Walter de Gruyter. This book was released on 2009 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Festschrift Soziologische Jurisprudenz stellt sich sowohl im Inhalt als auch in der Form in die Tradition der Arbeiten von Gunther Teubner. Die Beiträge lassen sich auf seine Leitperspektive ein, indem sie die Grenzbeziehungen von Recht und Gesellschaft mit je eigenständigen Akzentuierungen reflektieren.
Download or read book Case Law in Roman Anglosaxon and Continental Law written by Mar a Jos Falc N y Tella and published by Martinus Nijhoff Publishers. This book was released on 2011-08-25 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no one definition of case law, but rather a plurality of meanings. In this respect, after an analysis of Roman iurisprudentia and Anglo-Saxon case law, this work considers the Spanish legal system, as an example of a Continental jurisdiction.
Download or read book Criminal Proceedings Languages and the European Union written by Francesca Ruggieri and published by Springer Science & Business Media. This book was released on 2013-08-28 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book “Criminal proceedings, languages and the European Union: linguistic and legal issues” – the first attempt on this subject – deals with the current situation in the jurislinguistic studies, which cover comparative law, language and translation, towards the aim of the circulation of equivalent legal concepts in systems which are still very different from one another. In the absence of common cultures and languages, in criminal procedure it is possible to distinguish features that are typical of common law systems and features that are typical of civil law systems, according to the two different models of adversarial and inquisitorial trials. Therefore, the most problematic challenges are for the European Union legislator to define generic measures that can be easily implemented at the national level, and for the individual Member States to choose corresponding domestic measures that can best implement these broad definitions, so as to pursue objectives set at the European level. In this scenario, the book assesses the new framework within which criminal lawyers and practitioners need to operate under the Lisbon Treaty (Part I), and focuses on the different versions of its provisions concerning cooperation in criminal matters, which will need to be implemented at the national level (Part III). The book analyses the issues raised by multilingualism in the EU decision-making process and subsequent interpretation of legal acts from the viewpoint of all the players involved (EU officials, civil, penal and linguistic lawyers: Part II), explores the possible impact of the EU legal acts concerning environmental protection, where the study of ascending and descending circulation of polysemantic words is especially relevant (Part IV), and investigates the new legal and linguistic concepts in the field of data retention, protection of victims, European investigation orders and coercive measures (Part V).
Download or read book Nordic And Other European Constitutional Traditions written by Joakim Nergelius and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides new insights based on perspectives from Member States such as Germany and Italy as well as the Nordic Countries. It also deals with European legal and philosophical heritage in general, as well as special issues like closer cooperation among 'Core States' and the role of the Court of Justice in recent EC law development.
Download or read book Italian Journal of Sociology written by Augusto Bosco and published by . This book was released on 1910 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Three Dimensional Theory of Law written by María José Falcon y Tella and published by BRILL. This book was released on 2010-04-27 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
