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Constitutionalism Justified
This volume analyzes Rainer Forst's theory of the right to justification from legal-philosophical and constitutional-theoretical perspectives. The contributions address issues such as the philosophical foundations of justification and constitutionalism, the justification of human rights, the requirements of social justice, and important elements of constitutional law. Forst responds to the contributions in a concluding chapter.
Proportionality and the Rule of Law
Leading constitutional theorists debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning.
Polish Theatre after the Fall of Communism
In international theatre studies, there has been a dearth of studies on Polish contemporary theatre. This book investigates how Polish theatre has changed since 1989 and the fall of Communism. It introduces the most prominent Polish theatre directors, namely Krystian Lupa and his two extremely talented students Krzysztof Warlikowski and Jan Klata. All three of them represent three absolutely different types of aesthetics and ways of thinking about theatre: Krystian Lupa mostly concentrates on Austrian and Russian literature. Krzysztof Warlikowski’s theatre is based on stage versions of William Shakespeare or Ancient authors. Jan Klata focuses his attention on Polish history and current social problems. This book highlights the creativity of Polish contemporary theatre, and shows how different from most theatre traditions in other European countries it is.
Judicial Activism
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.
Resolving Conflicts between Human Rights
Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a...
Proportionality and Transformation
This is the first book on proportionality in Latin American constitutional law. Leading scholars in the region explore how proportionality analysis has become a key part of the constitutional law of a region where, almost paradoxically, constitutions with clear transformative intentions coexist with the highest indicators of social inequality in the world. In this book, scholars, practitioners and students will find a fascinating account of how proportionality has been a central concept in Latin America's constitutional struggles to curtail excessive uses of state power. The book illustrates how, more recently, proportionality has played an important role in national processes of constitutionalization and transitional justice, and how its current uses in the domain of social rights endow it with a distinctive meaning and role in regional constitutionalism. This pioneering book opens up the space for a much needed global conversation on how Latin America has decisively contributed to comparative constitutional law.
Between Text, Meaning and Legal Languages
This collection on legal interpretation in a broad sense presents state-of-the-art linguistic approaches that are applied for studying interpretation and meaning generation in various legal settings. It covers different aspects of the concepts like judicial dissent, court argumentation, investigating sociological meaning, or comparing legal meaning in comparative law. Scholars can turn to the volume for methods and findings to ground their own inquiries, and students will find guides to topics and methods in the field of law, meaning generation, and language.
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.
Rights of Individuals in an Earth Observation and Satellite Navigation Environment
New Space technologies, Earth observation and satellite navigation in particular, have proven to be invaluable drivers of sustainable development, thus contributing to the protection of several human rights (the “Good”). At the same time, however, New Space technologies raise concerns for the right to privacy (the “Bad”), and face a number of challenges posed by hostile cyber operations (the “Ugly”). Dr. Arianna Vettorel analyzes the relevant international, European and domestic legal frameworks and highlights the need for several innovative approaches and reforms, in a transnational and bottom-up perspective, in order to maximize the Good, and minimize the Bad and the Ugly, of New Space technologies.
Proportionality Balancing and Constitutional Governance
The book examines the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa.
