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The Open Society and Its Animals
This book is an interdisciplinary study centred on the political and legal position of animals in liberal democracies. With due concern for both animals and the sustainability of liberal democracies, The Open Society and Its Animals seeks to redefine animals’ political-legal position in the most successful political model of our time. Advancements in modern science point out that many animals are sentient and that, like humans, they have certain elementary interests. The revised perception of animals as beings with elementary interests raises questions concerning the liberal democratic institutional framework: does a liberal democracy have a responsibility towards the animals on its territory, and if so, what kind? Do animals need legal animal rights and lawyers to represent them in court, and should they also be represented in parliament? And how much change of this kind could a liberal democracy really endure? Vink addresses these and other pressing questions relating to the political and legal position of animals in this persuasive and authoritative work, compelling us to reconsider the relationship between the open society and the animals in it.
Claims for Secession and Federalism
This volume, incorporating the work of scholars from various parts of the globe, taps the wisdom of the Westphalian (and post-Westphalian) world on the use of federalism and secession as tools for managing regional conflicts. The debate has rarely been more important than it is right now, especially in light of recent events in Catalonia, Scotland, Québec and the Sudan - all unique political contexts raising similar questions about how best to balance competing claims for autonomy, interdependence, political voice, and exit. Exploring how various nations have encountered comparable conflicts, some more and some less successfully, the book broadens the perspectives of scholars, government officials, and citizens struggling to resolve sovereignty conflicts with a full appreciation of the underlying principles they represent.
The Making and Ending of Federalism
This compilation, The Making and Ending of Federalism, includes the main topics addressed by recognized experts on federalism at the Conference of the International Association of Federal Studies (IACFS) held in Innsbruck, Austria, on 28-30 October 2021. It analyzes how federal and quasi-federal systems are created and if there are common patterns or certain conditions that promote the emergence or the demise of federal systems, including case studies from Brazil, Spain, and Italy.
Behind the Veil
Since the early 2010s, an increasing number of European countries have passed laws that prohibit the wearing of various kinds of Islamic veil in particular circumstances. This insightful book considers the arguments used to justify such laws and analyses the legitimacy of these arguments both generally and in regards to whether such laws can be seen as justified interferences with the rights of women who wish to wear such garments.
The Human Right to Citizenship
The open access publication of this book has been published with the support of the Swiss National Science Foundation. This book offers a comprehensive analysis of the right to citizenship in international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one’s effective connections to that state according to the principle of jus nexi.
EU Values Before the Court of Justice
The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos JuÃzes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the j...
Fixing the Euro Within the National Constitutional Guardrails
EU fiscal integration is indispensable to establishing a stable single currency in the long run. However, this integration is proving ever more difficult in light of increasing national constitutional opposition. The author of this groundbreaking book shows that this dilemma between EU fiscal integration and national constitutional limits can be refuted. He provides a structured, comparative overview and outlook on how the available national constitutional space can be adapted to the political aspirations aiming at implementing EU fiscal integration steps while at the same time effectively protecting the national constitutional values at stake. Beginning with a macro-comparative assessment o...
Feminist Trouble
In 'Feminist Trouble', Éléonore Lépinard draws on extended fieldwork with numerous women's organizations in France and Quebec. Giving voice to devout women and women of colour, Lépinard dissects hierarchies of privilege in feminist politics, grappling with Islam and Islamic veiling debates to understand how these changes have transformed contemporary feminist movements, intersectional politics, and the feminist collective subject.
Constitución, libertad religiosa y minoría de edad
Estudio de la libertad religiosa de padres e hijos y sus limitaciones y conflictos en base a una sentencia del Tribunal Constitucional sobre un menor que muere por negarse a una transfusión por razones religiosas. Se analizan los conflictos de esta libertad con la protección de la juventud e infancia, con los derechos y deberes de los padres y con las obligaciones y responsabilidades de los poderes públicos.
The Architecture of Constitutional Amendments
This innovative book blends constitutional theory with real-life political practice to explore the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It draws from comparative, historical, political and theoretical perspectives to answer questions all constitutional designers should ask themselves: - Should the constitution append amendments sequentially to the end of the text? - Should it embed amendments directly into the existing text, with notations about what has been modified and how? - Should it instead insert amendments into the text without indicating at all that any alteration h...
