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The German Federal Constitutional Court
Offers a potted history of the German Federal Constitutional Court, one of the most influential constitutional courts in recent years. It examines the development of the court and its interaction with the German basic law, its approach to judicial reasoning, and its significance for contemporary constitutional theory.
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.
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.
Constitutional Identity in a Europe of Multilevel Constitutionalism
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Retribution and Reparation in the Transition to Democracy
The contributions in this volume offer a comprehensive analysis of transitional justice from 1945 to the present. They focus on retribution against the leaders and agents of the autocratic regime preceding the democratic transition, and on reparation to its victims. Part I contains general theoretical discussions of retribution and reparation. The essays in Part II survey transitional justice in the wake of World War II, covering Austria, Belgium, Denmark, France, Germany, Hungary, the Netherlands, and Norway. In Part III, the contributors discuss more recent transitions in Argentina, Chile, Eastern Europe, the former German Democratic Republic, and South Africa, including a chapter on the reparation of injustice in some of these transitions. The editor provides a general introduction, brief introductions to each part, and a conclusion that looks beyond regime transitions to broader issues of rectifying historical injustice.
The Exercise of Public Authority by International Institutions
The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law...
European and US Constitutionalism
This book asks whether and how far constitutional theory and judicial practice differ between Europe and the United States. This question is explored with respect to the areas of 'freedom of speech', 'human dignity', 'duty of the state to protect individuals from harm', 'adjudication by constitutional and other courts' and, finally, 'democratic theory and international influences'. The authors of this book are constitutional scholars from Europe and the United States, as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.
Digitising Democracy
This book argues that in the digital era, a reinvention of democracy is urgently necessary. It discusses the mounting evidence showing that digitalisation is pushing classical parliamentary democracy to its limits, offering examples such as how living in a filter bubble and debating with political bots is profoundly changing democratic communication, making it more emotional, hysterical even, and less rational. It also explores how classical democracy involves long, slow thinking and decision processes, which don’t fit to the ever-increasing speed of the digital world, and examines the technical developments some fear will lead to governance by algorithms.In the digitalised world, democracy no longer functions as it has in the past. This does not mean waving goodbye to democracy – instead we need to reinvent it. How this could work is the central theme of this book.
From Empire to Union
Examining the modern development of German constitutional thought, this book traces the key public law concepts of state, constitution, sovereignty, and democracy from their emergence in the 19th century through to the present day. It analyses the fraught constitutional relationship between Germany and the EU from a sociological perspective.
Immigration and the Nation-State
In this important and timely new study Professor Joppke compares the postwar politics of immigration control and immigrant integration in the United States, Germany, and Britain - three liberal states characterized by sharply distinct nationhood traditions and immigration experiences. Mapping out the many variations between these cases, the book focuses on the impact of immigration in the two key areas of sovereignty and citizenship. In Part 1, the author analyses the effect of immigration control on state sovereignty, arguing that liberal states are self-limited by interest-group pluralism, autonomous legal systems, and moral obligations toward particular immigrant groups - the weight of th...
