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Explores the possibilities of constitutionalism from diverse theoretical and comparative perspectives, particularly those from outside liberal and Anglo-European paradigms.
The English version of the book has been extensively revised and expanded since its original publication in German. This edition includes a new preface and an updated bibliography.
This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.
An acknowledged authority on German history and memory, Alon Confino presents in this volume an original critique of the relations between nationhood, memory, and history, applied to the specific case of Germany. In ten essays (three never before published and one published only in German), Confino offers a distinct view of German nationhood in particular and of nationhood in general as a product of collective negotiation and exchange between the many memories that exist in the nation. The first group of essays centers on the period from 1871 to 1990 and explores how Germans used conceptions of the local, or Heimat, to identify what it meant to be German in a century of ideological upheavals. The second group of essays comprehensively critiques and analyzes the ways laypersons and scholars use the notion of memory as a tool to understand the past. Arguing that the case of Germany contains particular characteristics with broader implications for the way historians practice their trade, Germany as a Culture of Remembrance examines the limits and possibilities of writing history.
The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.
Germany's Constitution - the Basic Law of 23 May 1949 - created a democratic constitution which, despite amendments, has held up over the years, even providing the legal basis for German reunification in 1990. When it was written, the Basic Law was initially regarded as a temporary solution which would last until a pan-German constitution could be created, but over the years it has grown to become a mainstay of post-war stability and has even become one of Germany's most successful exports. Foreign scholars are particularly interested in the German conception of fundamental rights and the mechanisms in place for enforcing them in the courts, as well as in Germany's federal structure. Making ...