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Revolution, Transition, Memory, and Oblivion
This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change.
Blasphemy and Freedom of Expression
This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.
Rule of Law in Crisis
This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, me...
And the Lord Shall Raise an Ensign
"Gordon floated out of the commander's office. He sensed his fortunes had turned 180 degrees. On the pinnacle of a phenomenal high, incandescing like lights on Broadway, he now believed that the backbreaking labor he had performed for his father on the roofs of Brooklyn had a larger purpose. His feet carried him to where his prayer book lay open to the well-worn page containing the sentence" and the Lord shall raise an ensign " "And the Lord Shall Raise an Ensign" is a World War II male Cinderella story of sorts-with seductive and serendipitous twists. Charles Gordon, a handsome, well-spoken Jew from a poor working-class Yankee family, enters a naval officer's program along with almost exclu...
Politics and the Histories of International Law
What are the implications of writing the history of legal issues? Eighteen authors from different legal systems and backgrounds offer different answers, by examining the history writing on issues ranging from slavery over the use of force to extraterritorial jurisdiction. Contributions show how historiography has often distorted or neglected regional cultures and suggest alternative methods and approaches to history writing. These studies are highly relevant for current international relations in which the fight over master narratives is especially fierce among governments, in different academic fields, and also between governments and academics. Contributors are: Jean d'Aspremont, Julia Bühner, Emiliano J.Buis, Maria Adele Carrai, Jacob Katz Cogan, Ríán Derrig, Angelo Dube, Michel Erpelding, Etienne Henry, Madeleine Herren, Randall Lesaffer, Anne-Charlotte Martineau, Parvathi Menon, Momchil Milanov, Hirofumi Oguri, Gustavo Prieto, Hendrik Simon, Sebastian Spitra, and Deborah Whitehall.
The European Court of Human Rights
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Holocaust and Genocide Denial
This book provides a detailed analysis of one of the most prominent and widespread international phenomena to which criminal justice systems has been applied: the expression of revisionist views relating to mass atrocities and the outright denial of their existence. Denial poses challenges to more than one academic discipline: to historians, the gradual disappearance of the generation of eyewitnesses raises the question of how to keep alive the memory of the events, and the fact that negationism is often offered in the guise of historical 'revisionist scholarship' also means that there is need for the identification of parameters which can be applied to the office of the 'genuine' historian....
Meta-theory of Law
This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.
Racial Justice, Policies and Courts' Legal Reasoning in Europe
This volume looks at how courts and the police handle racial discrimination in Europe. The chapters show that beyond legal technique, neither the legislators nor the judges escape from their own emotions when responding to racial discrimination. But, as the authors point out, emotions are not always negative. They can also help in a positive way in judicial interpretation. The study profiles five countries: Germany, UK, Estonia, Portugal and Spain. Each of these belong both to the European Union and to the Council of Europe. Coverage examines the responsibility of the public powers, more specifically of the legislative and judicial power, both of the police and of the judiciary, in persecuting racist behavior. In addition, the authors also consider the increase in racism in groups of citizens. The authors argue that racial justice is a proactive reinforcement of policies, practices, attitudes and actions that lead to equal access to opportunities for all. After reading this book, readers will gain a better understanding of the reasoning of legislators, police and judges when dealing with racial discrimination in Europe today.
