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The Judge as Political Theorist
  • Language: en
  • Pages: 433

The Judge as Political Theorist

The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Afric...

The Age of Dignity
  • Language: en
  • Pages: 272

The Age of Dignity

  • Categories: Law

Human dignity is one of the most challenging and exciting ideas for lawyers and political philosophers in the twenty-first century. Even though it is rapidly emerging as a core concept across legal systems, and is the first foundational value of the European Union and its overarching human rights commitment under the Lisbon Treaty, human dignity is still little understood and often mistrusted. Based on extensive comparative and cross-disciplinary research, this path-breaking monograph provides an innovative and critical investigation of human dignity's origins, development and above all its potential at the heart of European constitutionalism today. Grounding its analysis in the connections ...

Icelandic Constitutional Reform
  • Language: en
  • Pages: 266

Icelandic Constitutional Reform

  • Categories: Law
  • Type: Book
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  • Published: 2020
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  • Publisher: Routledge

This collection documents, analyses, and reflects on the Icelandic constitutional reform between 2009 and 2017. It offers a unique insight into this process by providing first-hand accounts of its different stages and core issues. Its 12 substantive chapters are written by the main actors in the reform, including the Chair of the Constitutional Council that drafted the 2011 Proposal for a New Constitution. Part I opens with an address by the President of the Republic and positions the constitutional reform in its full complexity and longer-term perspective, going beyond the frequent portrayal of that process in international discussion as being solely a result of the 2008 financial crisis. P...

The Discernment of Spirits
  • Language: en
  • Pages: 288

The Discernment of Spirits

[Anderson] succeeds in neatly fitting together selected pieces of the history of discernment of spirits to provide a valuable, readable description of the contours of its evolution in the late Middle Ages. -- Debra L. Stoudt, Virginia Polytechnic Institute and State University, The Medieval Review Late medieval Christians lived in a world of visions, but they knew that not all visions came from God: angels, demons, illness, nature, or passion could also inspire an apparent divine visitation. During the thirteenth and fourteenth centuries, the involvement of visionaries in everything from reform movements to military campaigns to papal schisms raised the political and spiritual stakes of dete...

The Abuse of Constitutional Identity in the European Union
  • Language: en
  • Pages: 241

The Abuse of Constitutional Identity in the European Union

  • Categories: Law

The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the conc...

Human Dignity and Democracy in Europe
  • Language: en
  • Pages: 288

Human Dignity and Democracy in Europe

  • Categories: Law

This collection identifies and discuss the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into the uses of human dignity to promote and challenge ideas of identity and solidarity.

The Disorder of Things
  • Language: en
  • Pages: 324

The Disorder of Things

With this manifesto, John Dupré systematically attacks the ideal of scientific unity by showing how its underlying assumptions are at odds with the central conclusions of science itself.

Human Dignity and the Adjudication of Environmental Rights
  • Language: en
  • Pages: 304

Human Dignity and the Adjudication of Environmental Rights

  • Categories: Law

Focusing on contemporary debates in philosophy and legal theory, this ground-breaking book provides a compelling enquiry into the nature of human dignity. The author not only illustrates that dignity is a concept that can extend our understanding of our environmental impacts and duties, but also highlights how our reliance on and relatedness to the environment further extends and enhances our understanding of dignity itself.

Human Dignity
  • Language: en
  • Pages: 399

Human Dignity

  • Categories: Law

An analytical study of human dignity as the humanity of a person, as a constitutional value and a constitutional right.