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"This volume emerged from the Trust Matters Workshop, which took place at the European University Institute in April 2018"--Acknowlegements.
Winner of the Walther Hug Prize 2021. Read more. In Domestic Courts and the Interpretation of International Law, Odile Ammann examines how domestic judges do and must interpret international law. She analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, Ammann offers a fresh and thorough theoretical reflection on this topic. Based on a detailed study of the judicial practice, she shows how courts' interpretative method and reasoning can be further improved. She also argues that interpretative methods must be taken more seriously in international law. While she primarily uses the Swiss example to illustrate her claims, the basic tenets of her analysis apply to any domestic legal context.
This book examines the role of trust in public life. It seeks to contribute to a more nuanced understanding of certain fundamental concepts in political and legal theory, such as the concepts of authority, power, social practice, the rule of law, and justice by furnishing and sharpening our concepts of trust and trustworthiness. Bringing together contributors from across the social, cognitive, historical, and political sciences, the book opens up inquiries into central concepts in legal theory as well as new approaches and methodologies. The interdisciplinary contributions analyse the notions of trust, trustworthiness, and distrust and apply them to address a variety of problems and questions.
From the bestselling coauthor of Wittgenstein’s Poker, an entertaining and illuminating biography of a brilliant philosopher who tried to rescue morality from nihilism Derek Parfit (1942–2017) is the most famous philosopher most people have never heard of. Widely regarded as one of the greatest moral thinkers of the past hundred years, Parfit was anything but a public intellectual. Yet his ideas have shaped the way philosophers think about things that affect us all: equality, altruism, what we owe to future generations, and even what it means to be a person. In Parfit, David Edmonds presents the first biography of an intriguing, obsessive, and eccentric genius. Believing that we should b...
Proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government.
A leading English jurist reflects on the development of his thoughts and writings in legal theory over sixty years.
This book uses approaches from legal and political philosophy to develop a theory of when states owe human rights obligations to individuals outside of their own territory, looking at economic, social, and cultural rights as well as civil and political rights.
As one of the pillars of economic globalisation, the WTO is at the heart of a complex network of rules and institutions. This volume analyses WTO law in light of the influence of globalised actors, identifying causal language as an indispensible component in understanding the development of WTO law.
In referendums on fundamental constitutional issues, do the people come together to make decisions instead of representatives? This book argues no. It offers an alternative theory of referendums whereby they are one of many ordinary ways that voters give direction to their representatives. In this way, the book argues that referendums are better understood as exercises in representative democracy. The book challenges the current treatment of referendums in processes of constitutional change both in the UK and around the world. It argues that referendums have been used under the banner of popular sovereignty in a way that undermines representative institutions. This book makes the case for th...
Jeffrey Goldsworthy is a renowned constitutional scholar and legal theorist whose work on the powers of Parliament and the interpretation of constitutional and statute laws has helped shape debates on these topics across the English-speaking world. The importance of democratic constitutionalism is central to Professor Goldsworthy's work: it lies at the heart of his defence of Parliamentary supremacy and shapes his approach to both constitutional and statutory interpretation. In honour of Professor Goldsworthy's retirement, this collection provides new perspectives from a range of leading public law scholars and theorists on the legal and philosophical principles that govern the making and interpretation of laws in a constitutional democracy. It also addresses some of the challenges to democratic constitutionalism that have arisen in light of contemporary developments in Australia, Canada, New Zealand, the United Kingdom and the United States.