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Law, Populism, and the Political in Central and Eastern Europe
This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.
Legislative Authority and Interpretation in the European Union
Although legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice's role. The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature's choices is required in all but exceptional circumstances. The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.
Developments in Information and Knowledge Management Systems for Business Applications
By highlighting ongoing progress in structural management, this book of our subseries encourages further research regarding the subject. Companies need sustainable solutions to the pressure to deal with high levels of risk and uncertainty. Many companies face this challenge and, therefore, must find new ways to deal with it. These solutions are often based on digital-influenced techniques. Previously understood knowledge, technologies, and data provide a huge assist with this goal.
Die adlige polnische Familie Balaban. The noble Polish family Balaban.
This is a hodgepodge of a disorderly, systematically arranged collection of Polish nobility. On these pages you will learn everything about: descent, nobility, aristocratic literature, aristocratic name endings, aristocratic association, genealogy, bibliography, books, family research, research, genealogy, history, heraldry, heraldry, herbalism, information, literature, names, aristocratic files, nobility, personal history, Poland, Szlachta, coat of arms, coat of arms research, coat of arms literature, nobility, knights, Poland, herbarz. Conglomeration, translations into: English, German, French. Dies ist ein Sammelsurium einer ungeordneten, systematisch geordneten Sammlung des polnischen Ad...
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EU Values Before the Court of Justice
The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos JuÃzes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the j...
Kindergartens and Cultures
At the turn of the nineteenth century, the German kindergarten - banned by the Prussian government as revolutionary - spread rapidly to nations around the globe, becoming at once a local and modernising institution. This book is a collection of case studies that describe the remarkable diffusion, adoption, and transformation of the kindergarten in eleven modern and developing nations. The contributors to the volume examine the process by which the idea of the kindergarten arrived and was adopted in these countries - a process that invariably demonstrated the immense power of local cultures, whether Christian, Buddhist, or Islamic, to respond to and reformulate borrowed ideas. Borrowing cultures do not engage in passive mimicry, the studies show, but recast ideas for their own purposes. Beginning with Germany, the chapters of this book follow the kindergarten idea as it passed in the nineteenth and early twentieth centuries to the United States, then England, Australia, Japan, China, Poland, Russia, Vietnam, Turkey, and Israel. The contributors examine such complex political, social, and cultural issues as the relationship of gender to national educational policies, the impact of mi
The EU's Conceptualisation of the Rule of Law in its External Relations
This book explores the question of how the EU understands the ‘rule of law’ in its external relations, with a particular focus on development cooperation and enlargement. Although the EU’s commitment to the rule of law is strong, the relevant concept remains nebulous. On the basis of a detailed analysis of two key EU external policy areas, the main argument advanced is that the Union has adopted a mostly ‘institutional’ approach to the concept by focussing largely on judicial reform. By testing the relevant practice against the background of the constitutional traditions of the Member States and legal theory, the book attests to the significance of developing a comprehensive approach to the rule of law in EU external relations.
Relative Authority of Judicial and Extra-Judicial Review
Do independent boards of appeal set up in some EU agencies and the European Ombudsman compensate for the shortcomings of EU Courts? This book examines the operation of EU judicial and extra-judicial review mechanisms. It confronts the formal legal rules with evolving practices, relying on rich statistical data and internal documents. It covers detailed institutional arrangements, the standard of review, the types of cases and litigants, and the activity of the parties in the process. It makes visible the diverse but complementary ways in which the mechanisms enhance the authority of EU legal acts and processes. It also reveals that scarce resources and imprecise rules restrict the scope of review and hinder independent empirical investigations. Finally, it casts light on how a differentiated system of judicial and extra-judicial review can accommodate various kinds of technical and political discretion exercised by EU institutions and bodies.
EU Law and National Constitutions
This book provides an in-depth guide to researchers and practitioners who are interested in analyzing the evolution of EU law from a national and comparative constitutional law perspective. The volume deals with questions of how EU Member States’ constitutional systems, including the subnational tier, interact with the supranational level. It maps the evolution over time of constitutional strategies in the face of multi-level governance and individuates contextual factors on an empirical basis. The volume includes twelve national reports written by leading experts in constitutional and EU law, and in political science. The countries discussed include the six founding Member States, togethe...
