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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.
Welfare and Values
This interdisciplinary collection of essays takes a hard look at the gap between increasingly costs expectations of welfare including other social needs and available revenues. It shows that the issue is not a purely economic and certainly not a party-political one, but that it has significant ethical, some call it spiritual, components. From providing initially a broad account of welfare economics it presents contributions from political philosophers and theologians as well as accounts of successful initiatives to indicate the direction for solutions which will correspond to the complex realities of post-modern society.
Sibling Relations and the Transformations of European Kinship, 1300-1900
Recently considerable interest has developed about the degree to which anthropological approaches to kinship can be used for the study of the long-term development of European history. From the late middle ages to the dawn of the twentieth century, kinship - rather than declining, as is often assumed - was twice reconfigured in dramatic ways and became increasingly significant as a force in historical change, with remarkable similarities across European society. Applying interdisciplinary approaches from social and cultural history and literature and focusing on sibling relationships, this volume takes up the challenge of examining the systemic and structural development of kinship over the long term by looking at the close inner-familial dynamics of ruling families (the Hohenzollerns), cultural leaders (the Mendelssohns), business and professional classes, and political figures (the Gladstones)in France, Italy, Germany, and England. It offers insight into the current issues in kinship studies and draws from a wide range of personal documents: letters, autobiographies, testaments, memoirs, as well as genealogies and works of art.
Abuse of Fundamental Rights
The book is an adaptation of part of the author's PhD thesis, which won the international prize Prémio FIBE, and was voted one of the three best in Brazil, in the field of Law, in 2023. It addresses the appropriation of the private law notion of abuse of rights by the theory of fundamental rights. It also presents guidelines for an appropriate use of the discourse of abuse of fundamental rights (highly dependent on a Dogmatics of scope, approached according to a model of groups of cases). Fabio Carvalho de Alvarenga Peixoto PhD in Constitutional Law (Universidade de Fortaleza - Brazil). State Attorney. Private lawyer. Winner of the international prize Prémio FIBE, and of an honorable menti...
Abuse of Rights
The book is an adaptation of part of the author's PhD thesis, which won the international prize Prémio FIBE, and was voted one of the three best in Brazil, in the field of Law, in 2023. It deals with the history of the notion of abuse of rights, in its two traditions: the Franco-Belgian (abus de droit) and the German (unzulässige Rechtsausübung). It also presents the discourse of abuse of rights with a 'shortcut' function. Finally, it places the scientific formulation of groups of cases as necessary for the proper use of the abuse of rights discourse. Fabio Carvalho de Alvarenga Peixoto PhD in Constitutional Law (Universidade de Fortaleza - Brazil). State Attorney. Private lawyer. Winner ...
International Humanitarian Law: Theory, Practice, Context
This book is about international humanitarian law or - as it is also called - the "law of armed conflict"or "law of war". It emerged from a series of lectures delivered at the Hague Academy of International Law. The author deals with war and the means by which international law attempts to contain and, as it were, "humanize" organized violence. But the ambitions of the author go beyond the battlefield. The book explores the many complex ways in which law functions to regulate warfare, in theory and practice. The author looks into treaties and other sources of international law, but he also tries to step outside the boundaries of "black-letter law"to deal broadly with such matters as the influence of culture in shaping the norms on war, the institutions that develop those norms and work for their universal acceptance, the networks of humanitarian actors in this area and the legal procedures in which the law of war and its various institutions are embedded. The book demonstrates that even wars are, in various ways, conducted in "the shadow of the law".
Recasting German Federalism
Understanding Germany's federal structure is crucial to understanding contemporary Germany. The federal system shaped the way German unification was carried out, it shapes the way in which policies are made, and it plays a role in determining the way in which Germany presents its priorities in the EU. The first part of the book analyzes the nature of pre-unification West German federalism and the unique challenge posed for the federal system by unification. Part 2 takes stock of key issues in the operation of post-unification federalism, including the policy process, the role of parties in federalism, conflicts of interest over financial allocations, and the impact of deepening European integration. The final part offers a series of critical perspectives which address the long-term legacies of unification and increasing pressures for reform.
Proportionality and Judicial Activism
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
The Oxford Handbook of International Human Rights Law
The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world.
The Oxford Handbook of Comparative Constitutional Law
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U...
