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In the mid-summer of 1989 the German Democratic Republic-- known as the GDR or East Germany--was an autocratic state led by an entrenched Communist Party. A loyal member of the Warsaw Pact, it was a counterpart of the Federal Republic of Germany (West Germany), which it confronted with a mixture of hostility and grudging accommodation across the divide created by the Cold War. Over the following year and a half, dramatic changes occurred in the political system of East Germany and culminated in the GDR's "accession" to the Federal Republic itself. Yet the end of Germany's division evoked its own new and very bitter constitutional problems. The Imperfect Union discusses these issues and shows...
Available as a single volume or as part of the 10 volume set Supreme Court in American Society
"More than a half century after the Nuremberg and Tokyo trials, nations around the world are increasingly grappling with the need to hold individuals accountable for human rights atrocities. In this innovative book, now in its second edition, Steven R. Ratner and Jason S. Abrams offer a comprehensive study of the promises and limitations of individual accountability as a means of enforcing international human rights and humanitarian law. They provide a searching analysis of the principal crimes under the law of nations, such as genocide, crimes against humanity, and war crimes, and go on to appraise the range of prosecutorial and other mechanisms for holding abusers responsible. The authors conclude with a series of compelling conclusions about the future of accountability. The second edition includes developments since 1997, including new domestic prosecutions and truth commissions, the work of the UN's Yugoslavia and Rwanda tribunals, and the International Criminal Court"--Unedited summary from book cover.
The decline of statism as the world's dominant ideology has ignited a fierce debate over the evolving shape and power of federalism in global society. The popular demand for devolution has shifted the locus of power from national government to smaller regional units and heralded the reconceptualization of international law away from the idea of sovereignty, toward one of jurisdiction. This timely set of essays studies the impact wrought by these centrifugal forces across Europe, Africa, and the Americas, and analyzes the latest movements for constitutional change, self-determination, and separation. Comparative Federalism in the Devolution Era offers political scientists and legal scholars a new perspective on the diverse nature and exercise of postmodern federalism, and the continuing struggle between differing views of the national-local relationship.
Opportunism combined with anti-Semitism led non-Nazi businessmen to acquire the largest German-Jewish companies in the period 1933–1935. These hostile takeovers were made possible by the Deutsche Bank and Dresdner Bank, which recalled loans previously extended to Jewish firms. Thereby Germany's largest banks obtained new loan fees, new supervisory board seats and became the house banks for the new Gentile-owned firms. The German judiciary did not defend Jewish property rights, because judges shared the same conservative mindset. Scholarship has previously not discovered this 1933–1935 paradigm because of a focus on Berlin government or Nazi Party actions, instead of the Jewish companies. In addition, a failure to distinguish between multi-million dollar enterprises and tiny shops caused scholars to emphasize the year 1938, when thousands of mom-and-pop shops became bankrupt.
How sub-national constitutions influence constitutional change and adaptation in federations.
The disconnect between national rhetoric, the law, and public policy.
This important book not only examines changing notions of nationhood and their complicated relationship to the Nazi past but also charts the wider history of the development of German political thought since World War II, while critically reflecting on some of the continuing blind spots among German writers and thinkers.
Consisting of selected memorandum opinions advising the President of the United States, the Attorney General, and other executive officers of the Federal Government in relation to their official duties.
Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. This contributed volume will help its wide audience including scholars, students, and practitioners understand the dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems.