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The Guardian of the Constitution
The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.
The Normative Force of the Factual
This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to ...
Rethinking the Law of Armed Conflict in an Age of Terrorism
Ten years after the terrorist attacks of September 11, 2011, Rethinking the Law of Armed Conflict in an Age of Terrorism, edited by Christopher Ford and Amichai Cohen, brings together a range of interdisciplinary experts to examine the problematic encounter between international law and challenges presented by conflicts between developed states and non-state actors, such as international terrorist groups. Through examinations of the counter-terrorist experiences of the United States, Israel, and Colombia--coupled with legal and historical analyses of trends in international humanitarian law--the authors place post-9/11 practice in the context of the international legal community's broader st...
The Max Planck Handbooks in European Public Law
This series analyses the public law of the European legal space, which encompasses the law of the EU, the European Convention on Human Rights, and the domestic public laws of European states. This volume analyses the history, organization, and procedure of constitutional adjudication and outlines the historical process and current outlook.
The Cosmopolitan Constitution
Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues tha...
A Renaissance of Conflicts
The essays in this collection explore conflict and continuity across the spectrum of political, legal, and spiritual traditions from late medieval Umbria and Tuscany to sixteenth- and seventeenth-century Venice, Rome, and Castile. They point to a shared tradition of dispute and resolution in both ecclesiastical/spiritual and state/secular matters, whether of private conscience or public policy. Continuity of ideals, problems, and modes of resolution suggest that breaks in legal, political, or religious ideals and behavior were not as frequent or sharp as historians have argued. These continuities emerge from common methodological approaches grounded in close, careful reading of key texts and their polyvalent terms. Whether those were the terms of civil or canon law, spirituality, or astrology, each author has had to grapple with multiple possibilities, contexts, customs, and practices that reveal the shifts and continuities in their possible meanings. -- Amazon.com.
Hans Kelsen and the Natural Law Tradition
Hans Kelsen and the Natural Law Tradition provides the first sustained examination of Hans Kelsen’s critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition. This edited collection commences with a comprehensive introduction which establishes the character of Kelsen’s critical engagement as a general critique of natural law combined with a more specific critique of representative thinkers of the Natural Law Tradition. The subsequent chapters are then devoted to a detailed analysis of Kelsen’s engagement with prominent theorists from the Natural Law Tradition. The volume concludes with an exploration, focusing upon the delineation of a non-positivist legal theory in the debate between Robert Alexy and Joseph Raz, of the continued presence of Kelsenian legal positivism in contemporary legal theory.
Citizenship and Democracy in an Era of Crisis
Democracies are transforming worldwide, but at the same time political inequality is increasing. This development threatens to leave growing portions of mass publics effectively ‘outside’ the political process. This volume brings together leading authorities in the field of democratic citizenship and participation to address pertinent questions concerning the quality of the democratic political process at the beginning of the twenty-first century. Analysing causes and consequences of recent developments in democratic governance and citizenship, it contributes new and original research to the ongoing debate on the crisis of representative democracy. The contributors deal with a broad range of issues including aspects of democratic citizenship and citizens' perceptions of system performance, political inequality and the democratic impact of participatory innovations. This book will be of key interest to scholars and students in democratization studies, democratic citizenship, comparative politics, political sociology and political participation.
The Consequences of Counterterrorism
The 9/11 terrorist attacks opened America's eyes to a frightening world of enemies surrounding us. But have our eyes opened wide enough to see how our experiences compare with other nations' efforts to confront and prevent terrorism? Other democracies have long histories of confronting both international and domestic terrorism. Some have undertaken progressively more stringent counterterrorist measures in the name of national security and the safety of citizens. The Consequences of Counterterrorism examines the political costs and challenges democratic governments face in confronting terrorism. Using historical and comparative perspectives, The Consequences of Counterterrorism presents thema...
American Constitutional Law
iAmerican Constitutional Law Essays, Cases, and Comparative Notes is a unique casebook that encourages students and citizens of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. The book has two prominent features that distinguish it from other books in the field an emphasis on the social, political and moral theory that provides meaning to constitutional law and interpretation; and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely...
