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The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom
Each from their own discipline and perspective, these scholars contribute to the question of whether, in the present-day pluralist state, there is room for state symbolism or personal religious signs or attire in the public school classroom.
Implementing Environmental Constitutionalism
Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.
Freedom of Religion and Religious Pluralism
"This book brings together a variety of religious and non-religious perspectives on religious pluralism. It explores the key philosophical and legal issues associated with religious freedom and social harmony"--
Rethinking Comparative Law
Over the past decades, the field commonly known as comparative law has significantly expanded. The multiplication of journals, the proliferation of scholarship and the creation of courses or summer schools specifically devoted to comparative law attest to its increasing popularity. Within the Western legal tradition, a traditional, black-letter approach to law has proved particularly authoritative. This co-authored book rethinks comparative law’s mainstream model by providing both students and lawyers with the intellectual equipment allowing them to approach any foreign law in a more meaningful way.
The Concept of the Rule of Law and the European Court of Human Rights
1: Introduction 2: The Rule of Law Concept 3: Legality as a Concept in the Case Law 4: Judicial Safeguards 5: The Substantive Contents of Law 6: Democracy 7: Conclusion.
Judicial Review of Legislation
Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This...
Power and Legitimacy
A succession of crises has marked the last decade of European integration, leading to disorientation among integration scholars. Older frameworks for understanding have been challenged, while the outlines of new ones are only now beginning to emerge. This book looks to history to provide a more durable explanation of the nature and legitimacy of European governance going forward. Through detailed examination of certain fundamental but often overlooked elements in EU history, Peter Lindseth describes the convergence of European integration around the 'postwar constitutional settlement of administrative governance.' 'Administrative' here does not mean 'non-political' or 'technical'-it means th...
Freedom of Religion and Religious Diversity
Today, pluralism is increasingly the norm and can be seen as a permanent characteristic of modernity. As seen in world events, religion has not become irrelevant but more diverse, giving rise to a complex web of religion and belief minorities, together with intra-plural majorities. Nations seek ways to implement the ideal of freedom of religion, but as this book shows, whether East or West, in the global North or the South, there is no simple formalism for accommodating religious diversity. Different faith communities have competing needs and demands for the same social space, with tensions inevitably arising. This book highlights responses from liberal democracies which enshrine secularism ...
Regulating Morality
The purpose of this volume is to compare the experiences of state efforts to control moral behavior in two countries (The Netherlands and the United States of America) by exploring the historical developments in regulating morality and the contemporary efforts to implement moral policies. The volume opens with an overview of the theoretical and historical setting of the debate about moral developments in the Netherlands and the United States. Various hypotheses are then tested by comparing the histories of prostitution and abortion policies in both countries in the nineteenth and twentieth centuries, the jurisprudence and legislation with respect to euthanasia, and the course and contents of family law (divorce, adoption, homo marriage). Apart from the comparative aspect, these case studies are highly informative and fascinating to read in and by themselves.
The Madisonian Turn
Parliamentary democracy is the most common regime type in the contemporary political world, but the quality of governance depends on effective parliamentary oversight and strong political parties. Denmark, Finland, Iceland, Norway, and Sweden have traditionally been strongholds of parliamentary democracy. In recent years, however, critics have suggested that new challenges such as weakened popular attachment, the advent of cartel parties, the judicialization of politics, and European integration have threatened the institutions of parliamentary democracy in the Nordic region. This volume examines these claims and their implications. The authors find that the Nordic states have moved away fro...
