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Three Generations of European Constitutional Courts in Transition to Democracy
A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.
Rule of Law in Crisis
This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, me...
Judicial Cosmopolitanism
Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.
Meandering in Transition
This edited collection addresses the dynamics of the post-Communist transition in Central Eastern Europe. Its contributors present a detailed analysis of the events unfolding during the last three decades in the region, focusing in particular on identity-building processes and reforms in Belarus, Bulgaria, Czechia, Estonia, Hungary, Latvia, Lithuania, Moldova, Poland, Romania, Slovakia, and Ukraine. The contributors outline reasons why some of these states accomplished a decisive break with the Communist past and became members of European and transatlantic structures, while some opted for pseudo-transition and fostered hybrid political regimes, jeopardizing their genuine integration with th...
Rights Before Courts
Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines carefully the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny against the background of a wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. He shows that, in the region of Central and Eastern Europe, their record in p...
Transitional Justice in Italy and the Crimes of Fascism and Nazism
This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective. Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti Amnesty, the major turning point, through comparisons to th...
Volcanic
A vibrant, diverse history of Vesuvius and the Bay of Naples in the age of Romanticism Vesuvius is best known for its disastrous eruption of 79CE. But only after 1738, in the age of Enlightenment, did the excavations of Herculaneum and Pompeii reveal its full extent. In an era of groundbreaking scientific endeavour and violent revolution, Vesuvius became a focal point of strong emotions and political aspirations, an object of geological enquiry, and a powerful symbol of the Romantic obsession with nature. John Brewer charts the changing seismic and social dynamics of the mountain, and the meanings attached by travellers to their sublime confrontation with nature. The pyrotechnics of revolution and global warfare made volcanic activity the perfect political metaphor, fuelling revolutionary enthusiasm and conservative trepidation. From Swiss mercenaries to English entrepreneurs, French geologists to local Neapolitan guides, German painters to Scottish doctors, Vesuvius bubbled and seethed not just with lava, but with people whose passions, interests, and aims were as disparate as their origins.
Outside In
"My behavior is not a Yankee's behavior. It just is not, no matter what. My family was Italian, and different from most other Italian immigrants. We did not need to melt in. We did not need to assimilate, because of who we were and what we came from. While other people were painting themselves red, white, and blue, we talked Italian, absorbed our family's history, and thought of ourselves as being what we always were. In the deepest sense, I was never taught to be a Yankee, which is a fact that comes out in any number of the things that I do and try to accomplish. Some people have the feeling that what I write and say is too subtle, or perhaps manipulative; or that I behave a bit outlandishly; but those people do not put what I do in the context of Italy, in the context of that very old, very subtle, very complicated society, which I come from"--
Refractive Surface Ablation
With surface treatments gaining in popularity, a book that addresses in-depth analysis of the latest advancements is essential. This title offers step-by-step information on everything from the patient selection process to performing the procedures to patient management.
Courts, Politics and Constitutional Law
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
