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The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Sustainability through Participation?
Can—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law.
From Liberal Democracy to Fascism
The Weimar Republic – from 1919 until 1933, when Hitler came into power – witnessed crucial debates on law and politics. These debates are reexamined in this book. Were, for example, democratic rules and procedures an adequate basis for democracy, as Hugo Preuss and Hans Kelsen suggested? Or should constitutional law elaborate the deeper, basic principles embedded in the democratic constitution itself, as Hermann Heller argued? Was the president the immediate “guardian of the constitution”, as Carl Schmitt’s concept of “representation” suggested? Or was Schmitt’s concept itself subject to Walter Benjamin’s critique of the aura of authenticity? These, and other typical Weimar-era debates helped shape West German constitutionalism. The former labor lawyer on the left Ernst Fraenkel, for example, began to develop a general theory of dictatorship mass democracy while in exile, which influenced the new discipline of political science after the war. Similarly, Gerhard Leibholz, an anti-positivist lawyer in Weimar, served on the first Constitutional Court of the Federal Republic of Germany, helping to consolidate its new constitutional culture.
The Länder and German federalism
This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. An illuminating introduction to how the Lander (the sixteen states of Germany) function not only within the country itself but also within the wider context of European political affairs. Looks at the Lnader in the constitutional order of the country, and the political and administrative system. Their organization and administration is fully covered, as is their financial administration. The role of parties and elections in the Lander is looked at, and the importance of their parliaments. The first work in the English language that considers the Lander in this depth.
Central Banking and Financial Stability in East Asia
This book explores financial stability issues in the context of East Asia. In the East Asian region financial stability has been a major concern ever since the Asian crisis of 1997/98, which still looms large in the collective memory of the affected countries. The global crisis, which had its starting point in 2007, only served to exacerbate this concern. Safeguarding financial stability is therefore a major goal of any country in the region. Diverging cultural, political and economic backgrounds may however pose different stability challenges and necessary cooperation may be complicated by this diversity. Against this backdrop the contributions of this book by leading academics from the fields of economics and law as well as by practitioners from central banks shed light on various financial stability issues. The volume explores the legal environment of central banks as lenders of last resort and analyzes challenges to financial stability such as shadow banking and the choice of exchange rate regimes. Case studies from China, Japan and Indonesia are contrasted with experiences from Europe.
Certainty in Law
Instead of the usual apologetic treatment found in legal doctrine, linked to the determinacy, immutability or predictability of norms, this book treats legal certainty innovatively, holistically and in depth. Using a method at once analytical and functional, Professor Ávila examines the structural elements of legal certainty, from its definition and foundations to its various dimensions, normative forces and efficacies, citing a wealth of examples from case law to support each of the theses defended. No subject is more important and topical than legal certainty. Problems relating to lack of understanding, instability and unpredictability of law intensify day by day everywhere, in civil law ...
Reason and Fairness
Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the ‘rule of law’ in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of ‘fair’ and ‘legal’ with that of ‘legal’ and ‘rational.’ This legal determinability of the judge’s fair attitude amounts to the specific (rational) European idea of justice.
Constitutional Dynamics in Federal Systems
How sub-national constitutions influence constitutional change and adaptation in federations.
Theorie des öffentlichen Rechts
Die Geschichte des offentlichen Rechts ist schon immer die Geschichte einer Unterscheidung des Rechts von anderen Arten der Normativitat im Bereich der hoheitlichen Verwaltung gewesen. An Regelungen und Normen herrscht bekanntlich auch in Diktaturen kein Mangel. Lasst sich im Hinblick auf derartige Normen, die ausschliesslich der Planung, Programmierung und Steuerung dienen, tatsachlich von offentlichem Recht sprechen? Was macht die Verrechtlichung der offentlichen Sphare aus, die den echten Rechtsstaat kennzeichnet? Die These dieses Buches lautet, dass allein der Bestand und der Umfang subjektiver Rechte fur die Verrechtlichung der hoheitlichen Spharen massgeblich sind. Eine Theorie des offentlichen Rechts, die rechtsstaatlichen Anspruchen genugen mochte und gegen politischen Missbrauch immunisiert werden soll, muss konsequent vom subjektiven offentlichen Recht her entwickelt werden.
Inflation and Deflation in East Asia
In light of the deflationary trends following the 2008/2009 financial crisis, as well as the return of inflation triggered by the COVID-19 pandemic and the war in Ukraine, this book offers insights into price stability issues in various East Asian countries. Leading scholars from the fields of economics and law as well as central bank practitioners present case studies on Japan, Korea, Singapore, and Taiwan. The contributors address topics such as quantitative monetary easing, the role of global and domestic shocks on inflation dynamics, and other monetary policy issues. In doing so, the book goes into detail about the individual forces and effects of deflation and inflation and compares the Asian experience with that of the Eurozone.
