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The Morality of the Laws of War
The Morality of the Laws of War examines the modern landscape of the ethics of war. Rudolphy assesses the conflicting theories on the legality of just and unjust combatants. While doing this, she proposes an alternative morality of war proceeding from the inescapable fact that regulating war is always a significant moral compromise.
Contestation and Constitution of Norms in Global International Relations
Antje Wiener examines the involvement of local actors in conflicts over global norms such as fundamental rights and the prohibition of torture and sexual violence. Providing accounts of local interventions made on behalf of those affected by breaches of norms, she identifies the constraints and opportunities for stakeholder participation in a fragmented global society. The book also considers cultural and institutional diversity with regard to the co-constitution of norm change. Proposing a clear framework to operationalize research on contested norms, and illustrating it through three recent cases, this book contributes to the project of global international relations by offering an agency-centred approach. It will interest scholars and advanced students of international relations, international political theory, and international law seeking a principled approach to practice that overcomes the practice-norm gap.
Courts, Politics and Constitutional Law
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
The Rise and Decline of Fundamental Rights in EU Citizenship
"This book argues that there is an inherent relationship between EU fundamental rights and EU citizenship; namely they both have the same aim of protecting the individual. This is underpinned by the development of case law in the field by the Court of Justice of the EU (CJEU). However, it suggests that that relationship in recent years has been weakened as the Court has entered increasingly sensitive territory with regards protection of citizenship rights and fundamental rights. Writing in the post EU referendum environment, the author argues that this decline is attributable to the Euroscepticism which has worsened since the Eurozone crisis and arguments that leaving the EU would reduce imm...
City, State
This book traces the origins of constitutional silence about the metropolis; explores how urban agglomeration affects the theory and practice of constitutional democracy; examines the constitutional status and jurisprudence of megacity autonomy/dependence; advances new arguments for granting the metropolis adequate constitutional standing; and probes the political economy of state-city constitutional relations across time and place.
Constitutional Amendments
Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. This book blends theory with practice to answer two all important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional amendment?
Transformative Constitutionalism in Latin America
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en America Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross nat...
Applied Panarchy
After a decades-long economic slump, the city of Flint, Michigan, struggled to address chronic issues of toxic water supply, malnutrition, and food security gaps among its residents. A community-engaged research project proposed a resilience assessment that would use panarchy theory to move the city toward a more sustainable food system. Flint is one of many examples that demonstrates how panarchy theory is being applied to understand and influence change in complex human-natural systems. Applied Panarchy, the much-anticipated successor to Lance Gunderson and C.S. Holling’s seminal 2002 volume Panarchy, documents the extraordinary advances in interdisciplinary panarchy scholarship and appl...
Gay Priori
Libby Adler offers a comprehensive critique of the mainstream LGBT legal agenda in the United States, showing how LGBT equal rights discourse drives legal advocates toward a narrow array of reform objectives that do little to help the lives of the most marginalized members of the LGBT community.
Constitutional Idolatry and Democracy
Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.
