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The European Court of Human Rights (“ECtHR”) suffers from the burgeoning caseload and challenges to its authority. This two-pronged crisis undermines the ECtHR’s legitimacy and consequently the functioning of the whole European human rights regime. Domestic courts can serve as welcome allies of the Strasbourg Court. They have a potential to diffuse Convention norms domestically, and therefore prevent and filter many potential human rights violations. Yet, we know very little about how domestic courts actually treat the Strasbourg Court’s rulings. This book brings unique empirical findings on how often, how and with what consequences domestic judges work with the ECtHR’s case law. I...
During the first years of the 21th century we have witnessed many events in our societies, some of them without precedent at all in our recent history, which have involved irreversible changes. The attacks to the Twin Towers in New York City, the resulting sequence of wars in the Middle East, and the international financial collapse are very good examples of these happenings. All these developments of international consequences have led to a new dimension of political communication, and have reoriented some of its traditional meanings, after a very clear dynamic has irrupted in our lives: the crisis. Many new dynamics have introduced significant changes and altered the nature of internationa...
Explores how and why the rise in international courts impacts on domestic politics on both national and international levels.
Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional...
This book is about the legal regulation of caste discrimination. It highlights the difficulty of capturing caste in international and domestic law, and suggests solutions. Its aim is to contribute to the task of understanding how to secure effective legal protection from and prevention of discrimination on grounds of caste, and why this is important and necessary. It does this by examining the legal conceptualization and regulation of caste as a social category and as a ground of discrimination, in international law and in two national jurisdictions (India and the UK), identifying their complexities, strengths, limitations and potential. Adopting a broadly chronological approach, the book ai...
This volume constitutes the thoroughly refereed post-conference proceedings of the 7th International Doctoral Workshop on Mathematical and Engineering Methods in Computer Science, MEMICS 2011, held in Lednice, Czech Republic, on October 14-16, 2011. The 13 revised full papers presented together with 6 invited talks were carefully reviewed and selected from 38 submissions. The papers address all current issues of mathematical and engineering methods in computer science, especially: software and hardware dependability, computer security, computer-aided analysis and verification, testing and diagnostics, simulation, parallel and distributed computing, grid computing, computer networks, modern hardware and its design, non-traditional computing architectures, software engineering, computational intelligence, quantum information processing, computer graphics and multimedia, signal, text, speech, and image processing, and theoretical computer science.
"Democracy theories and comparative political science have been challenged within the last decade by an unexpected democratic deficit and the rise of populism in the new EU-member states. This volume written by German and Czech scholars gives some food for thought for solving these research problems by means of thorough analyses of the polity, the politics and selected policies of the Czech Republic since 1990."Dieter Segert, retired Professor of Political Science (Area Studies on Eastern Europe), University of Vienna, Austria "Czech Democracy in Crisis is a long-overdue comprehensive study of the Czech political system. Using institutional approaches to change, it explores crucial policy ou...
Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court’s decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.
This book provides a contextual and authoritative overview of the principles, doctrines and institutions that underpin the Czech constitution. The book explores key topics including; the Czech pluralist constitution, constitutional principles, the interaction between the legislature, executive and the judiciary, the role of local governance and application of fundamental rights in practice. It also covers the morphing of Czech constitutionalism as a result of personal politics, conventions, informal institutions and constitutional narratives and sentiments. This informative study allows students and scholars of law and politics to develop an informed view of how Czech democracy actually works and what its main challenges are.