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Most books about public power and the state deal with their subject from the point of view of legal theory, sociology or political science. This book, without claiming to deliver a comprehensive theory of law and state, aims to inform by offering a fresh reading of history and institutions, particularly as they have developed in continental Europe and European political and legal science. Drawing on a remarkably wide range of sources from both Western and Eastern Europe, the author suggests that only by knowing the history of the state, and state administration since the twelfth century, can we begin to comprehend the continuing importance of the state and public powers in modern Europe. In an era of globalization, when the importance of international law and institutions frequently lead to the claim that the state either no longer exists or no longer matters, the truth is in fact more complex. We now live in an era where the balance is shifting away from the struggle to build states based on democratic values, towards fundamental values existing above and beyond the borders of nations and states, under the watchful gaze of judges bound by the rule of law.
Part I: Administration and Law 1: History and Typology 2: Crisis, Reform, and Constitutionalization 3: Centralized Management 4: Shared Management 5: Comitology 6: Agencies 7: Open Method of Coordination 8: Social Partners Part II: Law and Administration 9: Foundations 10: Courts 11: Access.
This is the first volume of The Max Planck Handbooks of European Public Law. Volume I: The Administrative State frames the administrative regimes of Europe in a comparative perspective, analysing the evolution of state and administration of major European jurisdictions, and examining issues that cut across national boundaries.
The first comprehensive analysis of the concept of European Public Order as deployed by the European Court of Human Rights.
Assumes that corruption is the root of Latin America's economic, social and political problems. Proposes the creation of a supranational Inter-American State comprising those Latin American countries willing or in need to participate, with the added minority and participation of representatives of both the European Union and the United States, in order to obtain mutual and external aid in good public governance.
In Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems Maria Sjöholm examines the jurisprudence on gender-based harm in the European, Inter-American and African regional human rights law systems from the viewpoint of feminist legal methods and theories. By offering indicators relevant for gender-sensitive norm interpretation, Maria Sjöholm identifies inconsistencies in the current regional legal frameworks with regard to the protection of women concerning such violations as domestic violence, human trafficking, sexual violence, forced sterilization and restrictions on other reproductive rights. The book offers an in-depth account not only of the manner in which such harm has been recognized through integration in general human rights law treaties, but also the categorization of such as particular human rights norms by regional human rights courts and commissions.
Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.
With the proliferation of administrative tribunals, there is an increasing need for a common system of rules for the governance of international civil services. In this book, the various contributors deal with specific issues in the area of international administrative law, such as the judicial review of administrative action and managerial discretion; the powers exercised by international administrative tribunals, including in disciplinary cases; and the proper functioning and operating procedures of such tribunals. These issues are considered from the points of view of members of administrative tribunals, of respondent institutions, and of counsel for applicants. Problems of International Administrative Law is of interest to practitioners as well as to academics interested in international institutional law, and more specifically international administrative justice.