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Fundamental Rights in Europe
This book examines the European system for the protection of fundamental rights. The aim is to identify the constitutional dynamics that occur as a result of the interaction between state and transnational human rights standards. Fabbrini compares the European system with the US federal system based on four case studies.
Wall to Wall: Law as Culture in Latin America and Spain
'Wall to Wall: Law as Culture in Latin America and Spain' comprises interventions from a wide array of scholars based in the US, Spain, and Latin America, exploring the encounter of Hispanophone cultures and the law. Its contributors delineate a fraught relationship of complicity, negotiation, and outright confrontation covering five centuries and a truly global landscape, from Inquisitorial processes at the onset of the Spanish Empire to last-ditch plans to preserve it in the 19th century Philippines, to the challenges to contemporary articulations of the nation-state in Catalonia. Beyond single, specialized time-period and national cultures, 'Wall to Wall' embraces and showcases the hetero...
The Universal Declaration of Human Rights
The adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948 by the United Nations General Assembly marked a groundbreaking moment in the field of international law. Not only would it start to move away from its original conception as an exclusively State-centered domain: it would also mark the progressive transformation of international law into a law for humankind. This instrument started a codification and institution-building process that would slowly evolve into a complex framework of treaties, bodies and procedures revolving around the protection of the human being against the actions – or omissions – of the State. This commentary provides a specific analysis and reflection of how each one of the rights enshrined therein have evolved over time.
Autonomy and Self-Determination
Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy. Autonomy and Self-Determinationoffers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of is...
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Constitutional Law and Politics of Secession
This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitu...
The Right to Political Participation
This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level. Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the “democratic argument,” that is, an argument related to democracy and political rights. The reasoning is that, although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicato...
Three Generations of European Constitutional Courts in Transition to Democracy
A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.
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.
El Gobierno de la Universidad.
La realidad del sistema universitario español es compleja, con todo la discusión pública se centra en el tema del Gobierno de la Universidad como principal eje en el que van a converger los problemas y las soluciones. No obstante, tras las numerosas reformas y cambios normativos se puede fácilmente comprobar que no se han alcanzado los resultados pretendidos, las prácticas no han sido adecuadas y los problemas permanecen sin que se prevea una solución a corto plazo. Este trabajo trata de fijar las cuestiones relativas al Gobierno de la Universidad, tanto las actuales como las futuras, tratadas en nuestro contexto, analizando las propuestas de reforma, así como la situación en los pri...
