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The Political Dimension of Constitutional Law
  • Language: en
  • Pages: 185

The Political Dimension of Constitutional Law

  • Categories: Law

This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory – including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre – address these questions in a timely and original way.

Judicial Activism
  • Language: en
  • Pages: 212

Judicial Activism

  • Categories: Law
  • Type: Book
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  • Published: 2015-05-26
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  • Publisher: Springer

This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.

Revolution, Transition, Memory, and Oblivion
  • Language: en
  • Pages: 264

Revolution, Transition, Memory, and Oblivion

  • Categories: Law

This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change.

The Quest for Rights
  • Language: en
  • Pages: 251

The Quest for Rights

This discerning book explores the concept of human and fundamental rights, originating from the seminal work by the German legal scholar and constitutional lawyer Robert Alexy. Recognising the growing challenges to the idea of the universality of Human Rights, expert scholars consider time-independent conceptual questions which inevitably lie at the heart of any contemporary human rights discourse: What is the justification of balancing and/or trading off fundamental rights against other rights and collective goods? And are there utilitarian considerations that can limit the normative force of human rights?

The Legitimacy of European Constitutional Orders
  • Language: en
  • Pages: 343

The Legitimacy of European Constitutional Orders

  • Categories: Law

The Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, which takes into consideration the national constitutional trajectories of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the conceptual tools needed to undertake comparative reconstruction and assessment of national and supranational constitutional developments in the European context.

The Politics of the Eurozone Crisis in Southern Europe
  • Language: en
  • Pages: 221

The Politics of the Eurozone Crisis in Southern Europe

This book provides an in-depth account of the politics of the Eurozone crisis in Italy, Spain, Greece, Portugal, Cyprus and Malta, mapping the positions expressed by the governments of Southern EU countries during the Eurozone crisis negotiations, including Greece’s bailout deal, the so-called “Six Pack” and the “Fiscal Compact” and exploring the process of domestic preference formation. The book relies on original data resulting from fieldwork conducted in the context of the EU Commission- funded Horizon 2020 project “The Choice for Europe since Maastricht”.

Researching Public Law in Common Law Systems
  • Language: en
  • Pages: 307

Researching Public Law in Common Law Systems

  • Categories: Law

This original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law; a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research.

The Portuguese Escudo Monetary Zone
  • Language: en
  • Pages: 265

The Portuguese Escudo Monetary Zone

This monograph examines the failure of the Portuguese Escudo Monetary Zone and the birth of new monetary and financial systems in Portuguese-speaking African countries. Examining colonial and post-colonial times, Mata analyses the decision to build a Portuguese monetary area in the early 1960s and mid-1970s when the decolonisation process was peaking. This book offers some important lessons regarding the functioning and dismantling of monetary areas, and on the importance of central-banks’ co-operation.

New Zealand Yearbook of International Law
  • Language: en
  • Pages: 385

New Zealand Yearbook of International Law

  • Categories: Law
  • Type: Book
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  • Published: 2018-05-15
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  • Publisher: BRILL

The New Zealand Yearbook of International Law is an annual, internationally refereed publication intended to stand as a reference point for legal materials and critical commentary on issues of international law. The Yearbook also serves as a valuable tool in the determination of trends, state practice and policies in the development of international law in New Zealand, the Pacific region, the Southern Ocean and Antarctica and to generate scholarship in those fields. In this regard the Yearbook contains an annual ‘Year-in-Review’ of developments in international law of particular interest to New Zealand as well as a dedicated section on the South Pacific. This Yearbook covers the period 1 January 2016 to 31 December 2016.

Self-Constitution of European Society
  • Language: en
  • Pages: 357

Self-Constitution of European Society

  • Categories: Law
  • Type: Book
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  • Published: 2016-05-26
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  • Publisher: Routledge

Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and plurali...