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A World Government?
There are now many features of a new world order: the circulation of concepts, techniques, rules; the development of global epistemic communities; an increasing mix of national and supranational institutions; the formation of more horizontal links among States, which do not disappear, but rather become accountable to one other; the generalization of common usages and rules. Overall, this is conventionally called globalization. Globalization is the major development in the field of public law in the second half of the twentieth century. It has evolved according to an incremental pattern. First, it was applied to peace and human rights (the United Nations); then, to areas such as the sea, nuclear waste, health, labor, the environment. Subsequently, it was applied to trade, and, finally, to global terrorism and global crises. The process of globalization has been piecemeal, and globalization has developed through crises and unbalances, by accretion and accumulation.
The Foundations and Traditions of Constitutional Amendment
There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent schola...
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.
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.
Comparative Constitutional Law
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Grading Goal Four
"For the third time in three decades world leaders reaffirmed their promise of "Education For All" when adopting Sustainable Development Goal 4 in 2015. It is the most far-reaching commitment to quality and equity in education so far, yet, there is no consensus on what the agenda means in practice. With a decade left until the 2030 deadline, Grading Goal Four calls upon the education community to engage more thoughtfully and critically with SDG 4 and related efforts. As an ever-growing number of actors and initiatives claim to contribute to its achievement, it is becoming clear that the ambitious but broad priorities within the goal are vulnerable to cherry-picking and misrepresentation, pla...
Law and Empire
Law and Empire provides a comparative view of legal practices in Asia and Europe, from Antiquity to the eighteenth century. It relates the main principles of legal thinking in Chinese, Islamic, and European contexts to practices of lawmaking and adjudication. In particular, it shows how legal procedure and legal thinking could be used in strikingly different ways. Rulers could use law effectively as an instrument of domination; legal specialists built their identity, livelihood and social status on their knowledge of law; and non-elites exploited the range of legal fora available to them. This volume shows the relevance of legal pluralism and the social relevance of litigation for premodern power structures.
Constitutional Statecraft in Asian Courts
Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.
The Oxford Handbook of Turkish Politics
The study of politics in Turkey : new horizons and perennial pitfalls / Güneş Murat Tezcür -- Democratization theories and Turkey / Ekrem Karakoç -- Ruling ideologies in modern Turkey / Kerem Öktem -- Constitutionalism in Turkey / Aslı Ü. Bâli -- Civil-military relations and the demise of Turkish democracy / Nil S. Satana and Burak Bilgehan Özpek -- Capturing secularism in Turkey : the ease of comparison / Murat Akan -- The political economy of Turkey since the end of World War II / Şevket Pamuk -- Neoliberal politics in Turkey / Sinan Erensü and Yahya M. Madra -- The politics of welfare in Turkey / Erdem Yörük -- The political economy of environmental policymaking in Turkey : a...
An African Slaving Port and the Atlantic World
This book traces the history and development of the port of Benguela, the third largest port of slave embarkation on the coast of Africa, from the early seventeenth to the mid-nineteenth century. Benguela, located on the central coast of present-day Angola, was founded by the Portuguese in the early seventeenth century. In discussing the impact of the transatlantic slave trade on African societies, Mariana P. Candido explores the formation of new elites, the collapse of old states and the emergence of new states. Placing Benguela in an Atlantic perspective, this study shows how events in the Caribbean and Brazil affected social and political changes on the African coast. This book emphasizes the importance of the South Atlantic as a space for the circulation of people, ideas and crops.
