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Staat im Wort
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The German Federal Constitutional Court
This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.
Political Technology and the Erosion of the Rule of Law
This timely volume by distinguished scholar Günter Frankenberg offers a sophisticated analysis and sharp critique of the reactions of nations such as the US, Great Britain and Germany to perceived terrorist threats, organized crime actions and other political emergencies that have occurred in recent years.
European Constitutional Language
Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.
Nomos und Ethos
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Full Protection and Security in International Investment Law
This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the c...
Twentieth-Century German Political Thought
Germany, as Europe's most powerful state, has a political significance which underlines the importance of twentieth-century German political thought. Yet this tradition has been poorly represented in academic literature. This book offers: * an account of German political thought emphasising its diversity and contested nature * an overview of the subject that allows access to relatively unknown figures as well as the 'names' of the tradition (Weber, Schmitt, Arendt, Habermas) * a demonstration of the political significance of figures better known in other disciplines including law and sociology The book is organised chronologically, with a series of recurrent themes providing analytic unity: (i) the nature of politics (including political vocation and leadership, and definitions of politics), (ii) collective identity, (iii) the rule of law, (iv) the role of the state, (v) the role of political parties and the nature of parliamentary democracy, (vi) state intervention in society and the economy, and (vii) the international order. Pedagogical features include a glossary of German terms and a substantial set of biographical notes identifying the major theorists referred to in the text.
Comparative Law as Transnational Law
This book assembles the works of scholars from around the world, forming a contextual demonstration of the increasing encounters and tensions among legal cultures. In offering different approaches to an understanding of transnational law, the chapters also bring out the important consequences of a more global outlook in legal scholarship, legal practice, and legal education.
Legislative, Executive, and Judicial Governance in Federal Countries
Comparative studies examine the constitutional design and actual operation of governments in Argentina, Australia, Austria, Canada, Germany, India, Nigeria, Russia, South Africa, Switzerland, and the United States. Contributors analyze the structures and workings of legislative, executive, and judicial institutions in each sphere of government. They also explore how the federal nature of the polity affects those institutions and how the institutions in turn affect federalism. The book concludes with reflections on possible future trends.
