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The Betrayal
At the end of World War II the Allies faced a threefold challenge: how to punish perpetrators of appalling crimes for which the categories of 'genocide' and 'crimes against humanity' had to be coined; how to explain that these had been committed by Germany, of all nations; and how to reform Germans. The Allied answer to this conundrum was the application of historical reasoning to legal procedure. In the thirteen Nuremberg trials held between 1945 and 1949, and in corresponding cases elsewhere, a concerted effort was made to punish key perpetrators while at the same time providing a complex analysis of the Nazi state and German history. Building on a long debate about Germany's divergence fr...
Pandemics and Ethics
Pandemics such as Covid-19, Ebola, SARS, and influenza, as well as the necessary measures for their research, prevention, and treatment, raise a number of ethical issues that confront science, the medical profession, and health policy. This overview volume, written by renowned experts from medicine, the humanities, and the social sciences, addresses the central ethical issues in pandemics. Focusing on the disciplines of philosophy, public health, bioethics, and law, the book discusses issues of resource allocation, triage, and research, as well as restrictions on freedom, rights and duties of health professionals, and ethical aspects of digital medicine in crises. The volume is intended to s...
Crisis Patient Prioritisation and the Law: The Pandemic Experience
The allocation of scarce health resources remains a persistent and critical challenge for global health systems. The Covid-19 pandemic brought this issue to the forefront on an unprecedented scale, testing even the most robust health systems of industrialised nations. Depletion of resources, particularly in intensive care units, forced daily triage decisions. Each country, facing its unique circumstances, had to devise its own solution to the sudden calamity. While universal principles applied, the book presents eleven comprehensive national reports from Europe, North and South America, and Africa. These reports are structured to facilitate a nuanced comparison of individual strategies as we...
The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
For the Sake of Present and Future Generations
Professor Roger Stenson Clark has played a pivotal role in developing International Criminal Law, and the movement against nuclear weapons. He was one of the intellectual and moral fathers of the International Criminal Court. This Festschrift brings together forty-one appreciative friends to honour his remarkable contribution. The distinguished contributors provide incisive contributions ranging from the reform of the Security Council, to rule of law and international justice in Africa, to New Zealand cultural heritage, to customary international law in US courts, and more. Threaded through these richly diverse contributions is one common feature: a belief in values and morality in human conduct, and a passion for transformative use of law, ‘for the sake of present and future generations.’
The Right Wrong Man
Now the subject of the Netflix documentary The Devil Next Door The incredible story of the most convoluted legal odyssey involving Nazi war crimes In 2009, Harper's Magazine sent war-crimes expert Lawrence Douglas to Munich to cover the last chapter of the lengthiest case ever to arise from the Holocaust: the trial of eighty-nine-year-old John Demjanjuk. Demjanjuk’s legal odyssey began in 1975, when American investigators received evidence alleging that the Cleveland autoworker and naturalized US citizen had collaborated in Nazi genocide. In the years that followed, Demjanjuk was stripped of his American citizenship and sentenced to death by a Jerusalem court as "Ivan the Terrible" of Treb...
The Legislative Choice Between Delegated and Implementing Acts in EU Law
In the face of the current confusion about the use of arts 290 and 291 TFEU, there is need of further development of the theory of legislative delegation to the EU Commission. This timely book approaches this question from a practical perspective with a detailed examination of how the legislator uses delegated and implementing mandates in different fields of EU law. Offering an analysis of legislative practice and providing concrete evidence of how articles 290 and 291 TFEU are actually handled, it offers new insight into potential developments in EU administrative law.
Order from Transfer
ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutio...
Rational Lawmaking under Review
This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court ́s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light o...
Democratic Constitutionalism in India and the European Union
Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has long been neglected in comparative constitutional studies.
