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International Democracy Documents
Since the end of the Cold War a plentitude of books and articles have been published on the subject of democracy and international law. During this same period numerous international treaties, declarations, resolutions and policy papers have been adopted. International Democracy Documents brings together the most important universal documents as well as those from Africa, the Americas, the Arab Region, Asia and Europe. The Editors provide a comprehensive General Introduction to the collection, and contextually introduce each chapter. The volume fills a gap in the literature and contributes to the advancement of the study of human rights, democracy and the rule of law. "À n’en pas douter, ...
Militant Democracy – Political Science, Law and Philosophy
This volume offers an up-to-date overview of the much-debated issue of how a democracy may defend itself against those who want to subvert it. The justifications, effectiveness and legal implications of militant democracy are discussed by addressing questions as: How can militant democracy measures such as party bans be justified? Why is it that some democracies ban antidemocratic parties? Does militant democracy succeed in combatting right-wing extremism? And is militant democracy evolving into an internationalized legal and political concept? Bringing together experts and perspectives from political science, law and philosophy, this volume advances our understanding of the current threats to democracy, a political system once thought almost invincible. It is especially timely in the light of the rise of illiberal democracy in the EU, the increasingly authoritarian rule in Turkey, the steady shift to autocracy in Russia and the remarkable election of Trump in the US.
Critical Reflections on Constitutional Democracy in the European Union
This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners with legal and political perspectives to focus on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problématique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive,...
Beyond Human Rights
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
The Oxford Handbook of International Law in Europe
This handbook provides a comprehensive account of how international law is understood and practiced in Europe, which is defined for the purposes of the book as Council of Europe countries, in the past and in the present. It is separated into parts covering Europe's values, intellectual traditions, and institutions, as well as examinations of European countries and regions. A diverse group of leading scholars and practitioners of international law are led by three overarching focus points: the success and failures of the pacifying effect of international law, the diversity of international legal experiences and traditions within Europe, and the impact of European ideas on international law globally. By examining these areas, the book also analyses Europe's changing role in the world, and the impact of global influences on the understanding of international law in European countries. The book is a study of regionalism in international law, but also a study of the impact of a region which, at least historically, has had an overwhelming influence on the development and interpretations of international law.
Foreign Electoral Interference: Normative Implications in Light of International Law, Human Rights, and Democratic Theory
Foreign interference in elections may have attracted increased public attention since 2016, but it is a practice virtually as old as modern electoral democracy itself. This book offers the most comprehensive account of its normative implications yet. It discusses relevant standards of international law, human rights, and democratic theory, thereby casting a net wide enough to address the fundamental value of human dignity as well as the conditions of real political autonomy. Ultimately, the book identifies potential deficits of legality, accountability, and legitimacy ensuing from certain types of foreign electoral interference, and it provides ideas on what can and should be done in response.
Global Norms and Local Courts
This book examines the interaction between global norms and local contexts, from global norms about 'the rule of law' from the desks of development experts in Brussels to villages in rural Bangladesh, and what happens to 'the rule of law'.
Grenzen und Entwicklungsmöglichkeiten des Souveränitätsprinzips in transnationalen Handelsbeziehungen
English summary: The adoption and implementation of European standards for the production of food in sovereign non-member countries leads to a breach of state sovereignty. The resulting democratic and rule of law problems have to be dealt with by exercising sovereignty co-operatively. German description: Im grenzuberschreitenden Handel mit Lebensmitteln sieht sich der einzelne Lebensmittelunternehmer in einem Drittstaat mit verbindlichen Vorgaben konfrontiert, die auf die Legislativorgane der Europaischen Union zuruckzufuhren sind. Demokratische und rechtsstaatliche Legitimationsmechanismen konnen dabei nicht mehr in dem Umfang verwirklicht werden, wie es die Verfassungen der ausgewahlten Dr...
Grenzen der Völkerrechtsfreundlichkeit
In the view of the increasingly strong and far-reaching international interdependence of the national legal system, the question as to where the German Basic Law relates concerning the increasing international complexity is becoming ever more important. In response to this, the German Basic Law is said to be a constitution open to international law, which is extracted from the basic principle of ‘Völkerrechtsfreundlichkeit’ (friendliness toward international law). However, it remains vague in which relation such a principle would stand to the rule of law, the principle of democracy or the system of basic rights, if it is inserted into their limitations or constitutes a supreme premise. The focus of this study lays upon the attempt to make the principle of Völkerrechtsfreundlichkeit tangible and to explore its legal content of.
Das Recht der Oppositionen
Politische Opposition ist die Basis von Konflikt und Kontingenz für demokratische Willensbildungsprozesse. Albert Ingold zeigt das verfassungsrechtliche Strukturgefüge auf, in dem sich Rechte und Berechtigung von Oppositionen gleichermaßen wiederfinden: das Recht der Oppositionen.
