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Judicial Independence in Transition
Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.
Facing the Limits of the Law
Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
Law and Life. Why Law?
This book is based on the assumption that the world is governed by a widespread field of interconnected laws. In this field man-made laws – legal laws - have to coexist with the laws of nature, the laws of science and the laws of logic. They have to find their place in relation to a certain society. They have to relate to the demands of morality, ethics, custom and trust. They have to follow the laws of language. They have to deal with a variety of professional and esthetic rules. They have to defend their position between art and craft. Finally, and significantly, they have to cope with a host of different ideas about truth. This book approaches law as a human construct meant to strengthe...
The Internet and Constitutional Law
This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.
Tort Law
This accessible textbook provides an introductory guide to tort law, with a structured explanation of the key concepts and doctrines. Using a comparative approach, the discussion is illustrated with case law and provisions from three key jurisdictions: England, France and Germany. With liberal reference to other codes and cases from around the world, the book gives readers a contextual understanding and will appeal to classes with a global outlook.
Courts and the Environment
This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.
Digital Media Governance and Supranational Courts
This timely book untangles the digital media jurisprudence of supranational courts in Europe with a focus on the CJEU and the ECtHR. It argues that in the face of regulatory tension and uncertainty, courts can have a strong bearing on the applicable rules and standards of digital media.
ICLSSE 2022
The rise of technology and ease of spread of information has facilitated the diaspora of new ideas in the community. The penetration of new ideology and new values challenges the status quo of value and morality in our community. While this can be seen as an opportunity to evolve as a nation, the introduction of radical and separatism brings chaos to the community. This issue is not only experienced in Indonesia but also in the whole world. The needs for a solution and academic forum to discuss this postmodernity in society bring us to the The 4th International Conference on Law, Education and Social Sciences (ICLSSE) 2022. This conference is an international forum to disseminate knowledge and research development among researchers, scholars, professionals, and those interested in research interests in Law and Social Sciences and Social Education. This conference was organized by the Faculty of Law and Social Sciences, Universitas Pendidikan Ganesha. The theme of this fourth conference is "Race, Ethnicity, and Nationalism in Postmodern Society: Opportunities and Challenges".
Contextualising Legal Research
Providing a clear and concise guide to the practicalities of legal research, this informative book presents a methodological framework for law-in-context research design. It argues that legal scholarship relies on the interpretive and argumentative methods of the humanities, but also requires empirical input due to its focus on social reality.
