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Reason and Fairness
  • Language: en
  • Pages: 676

Reason and Fairness

  • Categories: Law
  • Type: Book
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  • Published: 2019-07-08
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  • Publisher: BRILL

Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the ‘rule of law’ in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of ‘fair’ and ‘legal’ with that of ‘legal’ and ‘rational.’ This legal determinability of the judge’s fair attitude amounts to the specific (rational) European idea of justice.

Regulating Judges
  • Language: en
  • Pages: 433

Regulating Judges

  • Categories: Law

Regulating Judges presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability. Drawing on regulatory theory, Richard Devlin and Adam Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world.

The Politics of Delegation
  • Language: en
  • Pages: 249

The Politics of Delegation

  • Type: Book
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  • Published: 2004-08-02
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  • Publisher: Routledge

There is a growing interest in delegation to non-majoritarian institutions in Europe, following both the spread of principal-agent theory in political science and law and increasing delegation in practice. During the 1980s and 1990s, governments and parliaments in West European nations have delegated powers and functions to non-majoritarian bodies - the EU, independent central banks, constitutional courts and independent regulatory agencies. Whereas elected policymakers had been increasing their roles over several decades, delegation involves a remarkable reversal or at least transformation of their position. This volume examines key issues about the politics of delegation: how and why delegation has taken place; the institutional design of delegation to non-majoritarian institutions; the consequences of delegation to non-majoritarian institutions; the legitimacy of non-majoritarian institutions. The book addresses these questions both theoretically and empirically, looking at central areas of political life - central banking, the EU, the increasing role of courts and the establishment and impacts of independent regulatory agencies.

The Making and Ending of Federalism
  • Language: en
  • Pages: 258

The Making and Ending of Federalism

  • Categories: Law
  • Type: Book
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  • Published: 2024-07-29
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  • Publisher: BRILL

This compilation, The Making and Ending of Federalism, includes the main topics addressed by recognized experts on federalism at the Conference of the International Association of Federal Studies (IACFS) held in Innsbruck, Austria, on 28-30 October 2021. It analyzes how federal and quasi-federal systems are created and if there are common patterns or certain conditions that promote the emergence or the demise of federal systems, including case studies from Brazil, Spain, and Italy.

Walking the Footsteps of a Forgotten Revolution
  • Language: en
  • Pages: 201

Walking the Footsteps of a Forgotten Revolution

Walking the Footsteps of a Forgotten Revolution details the bold and audacious insurrection in the opening phase of the German Revolution of 1848–1849. Friedrich Hecker, the most gifted young politician of his day, attempted to lead a group of rebels through Southwest Germany in hopes of fomenting a full-fledged revolution. The forces in play during the ten-day insurrection lay bare the larger historical factors that would plague German aspirations for freedom and democracy for the next hundred years. Steven Fuller’s engaged theory beautifully unfolds as he walks the actual two-hundred-mile route of the insurrection, simulating the conflict in real-time and in the real landscape of the rebellion. Skillfully combining elements of pure historical narrative and high theory, with the best aspects of travel literature, the author creates an engaging and readable story filled with drama and a cast of colorful characters; while at the same time, using the events of one hundred seventy-five years ago to weave in today’s issues of political engagement and violent insurrection.

The Culture of Military Organizations
  • Language: en
  • Pages: 485

The Culture of Military Organizations

Examines how military culture forms and changes, as well as its impact on the effectiveness of military organizations.

Sustainability through Participation?
  • Language: en
  • Pages: 534

Sustainability through Participation?

  • Categories: Law
  • Type: Book
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  • Published: 2023-07-03
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  • Publisher: BRILL

Can—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law.

The Max Planck Handbooks in European Public Law
  • Language: en
  • Pages: 956

The Max Planck Handbooks in European Public Law

  • Categories: Law

The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour wi...

Comparative Legal History
  • Language: en
  • Pages: 513

Comparative Legal History

  • Categories: Law

The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.

Acta Conventus Neo-Latini Upsaliensis
  • Language: en
  • Pages: 1275

Acta Conventus Neo-Latini Upsaliensis

  • Type: Book
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  • Published: 2012
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  • Publisher: BRILL

Since 1971, the International Congress for Neo-Latin Studies has been organised every three years in various cities in Europe and North America. In August 2009, Uppsala in Sweden was the venue of the fourteenth Neo-Latin conference, held by the International Association for Neo-Latin Studies. The proceedings of the Uppsala conference have been collected in this volume under the motto Litteras et artes nobis traditas excolere Reception and Innovation. Ninety-nine individual and five plenary papers spanning the period from the Renaissance to the present offer a variety of themes covering a range of genres such as history, literature, philology, art history, and religion. The contributions will be of relevance not only for scholarly readers, but also for an interested non-professional audience.