Download or read book A Theory of Constitutional Rights written by Robert Alexy and published by . This book was released on 2010 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.

Download or read book Church Law in Modernity written by Judith Hahn and published by Cambridge University Press. This book was released on 2019-03-28 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses natural law as a traditional but highly contested source of canon law.

Download or read book Encyclopedia of Disputes Installment 10 written by Linda J Pike and published by Elsevier. This book was released on 2014-06-28 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Encyclopedia of Disputes Installment 10

Download or read book 2012 written by and published by Walter de Gruyter. This book was released on 2013-03-01 with total page 3064 pages. Available in PDF, EPUB and Kindle. Book excerpt: Particularly in the humanities and social sciences, festschrifts are a popular forum for discussion. The IJBF provides quick and easy general access to these important resources for scholars and students. The festschrifts are located in state and regional libraries and their bibliographic details are recorded. Since 1983, more than 659,000 articles from more than 30,500 festschrifts, published between 1977 and 2011, have been catalogued.

Download or read book Popular Sovereignty and the Crisis of German Constitutional Law written by Peter C. Caldwell and published by Duke University Press. This book was released on 1997 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).

Download or read book Max Weber s Theory of the Modern State written by A. Anter and published by Springer. This book was released on 2014-02-19 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andreas Anter reconstructs Max Weber's theory of the modern state, showing its significance to contemporary political science. He reveals the ambivalence of Weber's political thought: the oscillation between an étatiste position, mainly oriented to the reason of state, and an individualistic one, focussed on the freedom of individuals

Download or read book Das Kosovo Gutachten des IGH vom 22 Juli 2010 written by and published by Martinus Nijhoff Publishers. This book was released on 2011-10-28 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ICJ ́s Opinion on Kosovo of 22 July 2010 has touched upon many pivotal questions of international law. This book contains a comprehensive stock-taking on this subject written by several international law experts from different European countries. Das IGH-Gutachten zum Kosovo vom 22. Juli 2010 spricht eine Vielzahl an grundlegenden Fragen des internationalen Rechts an. Dieser Band enthält eine grundlegende Bestandsaufnahme zu dieser Thematik mit Beiträgen einer Reihe von Autoren aus verschiedenen europäischen Staaten.

Download or read book Modern Law and Society written by and published by . This book was released on 1985 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Mensch und Staat in Recht und Geschichte written by Göttinger Arbeitskreis and published by . This book was released on 1954 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Religion Law and Democracy written by Ernst-Wolfgang Böckenförde and published by Oxford University Press. This book was released on 2020-11-19 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ernst-Wolfgang Böckenförde (1930-2019) was one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Böckenförde was a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the constitutional status of the state of emergency, citizenship rights, bioethical politics, and the challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and holder of a trusted public office, Böckenförde has influenced the way academics and citizens think about law and politics. During his tenure on the Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions on the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. This second volume in the first representative edition in English of Böckenförde's writings brings together his essays on religion, law, and democracy. The volume is organized in five sections: I. the Catholic Church and Political Order; II. State and Secularity; III. the Theology of Law and its Relation to Political Theory; IV. Norms and the Principle of Human Dignity; and V. Excerpts from a biographical interview. Sections I, II, III, and IV are preceded by an editors' introduction to the articles as well as running editorial commentary to the work.

Download or read book Jahrbuch des Offentlichen Rechts der Gegenwart Neue Folge written by Gerhard Leibholz and published by Mohr Siebeck. This book was released on 1976-12-31 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Burden of Proof in Comparative and International Human Rights Law written by Juliane Kokott and published by BRILL. This book was released on 2023-12-28 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how courts decide, or ought to decide, in situations of uncertainty. A Court must always decide the case before it, even if the relevant facts remain unclear. The question then arises which party benefits and which party is burdened by that uncertainty. In these cases, the Court must apply the rules on the burden of proof or, more precisely, the burden of persuasion. Their importance for the individual claimant is obvious. The comparison of two domestic systems (one based on common law and the other a traditional code-based legal order) with regard to the issue of burden of proof helps to clarify the terminology and lays the ground for dealing with the burden of proof in international human rights law. Without knowing what can be understood by the term `burden of proof' under domestic law, international lawyers with different domestic law backgrounds are in danger of misunderstanding each other. This may lead to obscuring the problems connected with court decisions involving uncertainty. The study also deals with uncertainties with regard to legislative (general) in contrast to adjudicative (individual) facts and with uncertainties in the framework of predictions in contrast to uncertainties relating to historic facts. It attempts to prepare the ground for dealing more consciously and more consistently with problems of uncertainty in international human rights law. International courts, due to their geographical and cultural distance from the case, usually have less access to the underlying facts. Nevertheless, in order to protect human rights effectively, international courts and tribunals cannot always restrict themselves to reviewing the law, but may also have to decide on the facts. Thus issues relating to decision-making on the basis of uncertain facts, including the burden of persuasion, are even more important in international than in domestic human rights law.

Download or read book Zeitschrift f r ausl ndisches ffentliches Recht und V lkerrecht written by and published by . This book was released on 1996 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Limits of Atlanticism written by Gret Haller and published by Berghahn Books. This book was released on 2007-07-15 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Working as Ombudsperson for Human Rights in the State of Bosnia and Herzegovina in Sarajevo, Gret Haller became aware that the reactions of the United States and Europe are hardly ever the same, be it in Bosnia or in other parts of the world, with the current crisis in the Middle East offering just another example: in international negotiations it is always the United States that refuses to give up sovereignty. While Europeans view sharing as an instrument to guarantee freedom and peace, Washington sees it as a threat to its independence and power. Instead, the U.S. government relies on unsanctioned campaigns against rogue states. The author is not optimistic that the recent shift in the political climate in the U.S. will change this deeply ingrained attitude. In her book, based on in-depth and first-hand experience in the transatlantic political arena, the author concludes that any fresh approach towards addressing these differences will first require an understanding of their roots in history. In Europe, the Peace of Westphalia of 1648 began a development that led to the emergence of a nation-state that ultimately came to be based on shared sovereignty. In the New World, however, the dominance of society over the state marked a break with that European tradition.

Download or read book Importing the Law in Post Communist Transitions written by Catherine Dupré and published by Bloomsbury Publishing. This book was released on 2003-03-14 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book,one of the very first monographs on the Hungarian Constitutional Court available in English, is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe. It shows that the genesis of the new legal order was determined by massive Western involvement and an unprecedented movement of export/import of law. Anchored in a detailed comparative study of German and Hungarian constitutional case law on human dignity, this book argues that law importation was a deliberate strategy carried out by the Hungarian Court in the early years of its operation. It explains how the circumstances of the transition and the background of the importers determined the choice of German case law as a model and how the Court used it to construct its own version of the right to human dignity. It highlights the Hungarian Court's instrumentalisation of imported law in order to lay the foundations of a new conception of fundamental rights. While focusing on the Hungarian experience, this book engages with international debates and provides an original theoretical framework for approaching the movement of law from the importers' perspective.

Download or read book The Encyclopedia of Christianity written by Erwin Fahlbusch and published by Wm. B. Eerdmans Publishing. This book was released on 1999 with total page 1132 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multifaceted and up-to-date encyclopedia is sure to be of interest to pastors and church workers of all confessions, equally so to students, scholars, and researchers around the world who are interested in any aspect of Christianity or religion in general. The first volume contains 465 articles that address a comprehensive list of topics.

Download or read book Weimar written by Arthur Jacobson and published by Univ of California Press. This book was released on 2001-01-06 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms of legitimation to the rule of law. Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are translated here played key roles in the political and constitutional struggles of the Weimar Republic. Critical introductions to all the theorists and commentaries on their works have been provided by experts from Austria, Canada, Germany, and the United States. In their general introduction, the editors place the Weimar debate in the context of the history and politics of the Weimar Republic and the struggle for constitutionalism in Germany. This critical scrutiny of the Weimar jurisprudence of crisis offers an invaluable overview of the perils and promise of constitutional development in states that lack an entrenched tradition of constitutionalism.