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Institutional Development in Divided Societies
Since the mid-1980s the world has witnessed a democratization tide sweeping across Africa, Europe, Asia and South America. This book details the effects of such change for people and institutions alike within these countries
Constitutional Origins, Structure, and Change in Federal Countries
Providing examples of diverse forms of federalism, including new and mature, developed and developing, parliamentary and presidential, and common-law and civil law, the comparative studies in this volume analyse government in Australia, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Switzerland, and the United States. Each chapter describes the provisions of a constitution, explains the political, social, and historical factors that influenced its creation, and explores its practical application, how it has changed, and future challenges, offering valuable ideas and lessons for federal constitution-making and reform.Contributors include Ignatius Ayua Akaayar ...
Beyond Federal Dogmatics
Feyen rethinks the framework within which the connection between EU law and national constitutional law can be understood.
Defending French in Flanders, 1873–1974
This book examines the efforts of the French-speaking minority in Flanders, Belgium, to maintain a legal and social presence of the French language in Flemish public life. Chronologically, the study is bookended by two developments, almost exactly a century apart. In 1873, the first laws were passed which required the use of Dutch in some aspects of public administration in Flanders, challenging the de facto use of French among the Flemish ruling class. One hundred and one years later, the last French daily newspaper in Flanders collapsed, marking the end of a once-vibrant French-language public sphere in Flanders. The author contends that the methods and arguments by which French speakers d...
Judicial Independence in Transition
Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.
Reconsidering Constitutional Formation I National Sovereignty
This open access book can be downloaded from link.springer.com Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics. Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be ‘believed’ by the subjects and the political élites. Such a communicative orientation of constitutional processes became palpable in the ‘religious’ affinities of the constitutional preambles. They were held as â...
Federalism
The papers contained in this book reflect the ideas presented at the colloquium held on the same subject. The event, sponsored by the Nordmann Foundation, was organized to the memory of the late Jean Nordmann by Prof. Claude Klein, Jerusalem, and Prof. Thomas Fleiner, Institute of Federalism, University of Fribourg. Jean Nordmann and his family have always supported the good relations between the University of Fribourg and the Hebrew University in Jerusalem. The Nordmann Foundation was later created to develop further the cooperation between the two universities, thus contributing substantially to the understanding of the Jewish and Christian communities, notably in Switzerland.
A Throne in Brussels
Offers a history of the monarchy of Belgium, a country artificially created in 1817. This book argues that the pan-European super-state resembles a 'Greater-Belgium' rather than a 'Greater-Switzerland'.
Outsourcing Rulemaking Powers
Outsourcing Rulemaking Powers identifies the shared constitutional principles that determine the limits to the outsourcing of rulemaking powers. Through the examination of multiple countries, this book argues that there should be minimal legal safeguards to which all rules must heed, in particular those made by autonomous public or private actors.
