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Facing the Limits of the Law
Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
The Constitutional Courts of Small Jurisdictions
The Constitutional Courts of Small Jurisdictions identifies features and challenges common to the constitutional courts of small state jurisdictions in Europe. The constitutional courts of the following small state jurisdictions are explored: Andorra, Cyprus, Estonia, Liechtenstein, Luxembourg, Malta, Monaco, Montenegro, and San Marino. For each country’s constitutional court, the following matters are examined: the history of the court; its composition; its standing and the types of proceedings; jurisdiction of the court; procedural steps and rules; the nature and effect of the decisions rendered; relations with other courts (CJEU, ECHR, etc.); and current issues and future developments. ...
Federal Democracies at Work
Applying an innovative approach to capture varieties and dynamics of federal democracies, this collection examines the conditions, mechanisms and practices that make federal democracies work.
The Constitutional Boundaries of European Fiscal Federalism
This book provides an authoritative source for which models of fiscal federalism are compatible with the constitutional boundaries of the European legal order. It offers an encompassing guide to the leading constitutional case law in all EU Member States.
National Courts and EU Law
National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.
National Identity in EU Law
With a focus on how national identity impacts the decision-making of the European Court of Justice, Elke Cloots provides an innovative adjudication scheme that purports to assist the ECJ in its search for a proper balance between respect for national identity and European integration.
Relationships between International Criminal Law and Other Branches of International Law
This course investigates the relationships between international criminal law and other branches of international law. It begins by examining four issues of general international law: the principal sources of international law, jurisdiction and immunities, State responsibility, and use of force. It then explores internationalhumanitarian law, focusing on definitions of war crimes and difficulties in linking IHL and ICL. Next, it examines refugee law, paying particular attention to the exclusion of war criminals from refugee protection and to international crimes that may be related to the rights and treatment of refugees. The final chapter explores the relationship between ICL and human rights law, examining the position of human rights within the Rome Statute of the ICC, as well as the human rights aspects of genocide, crimes against humanity, various procedural rights relating to fair international trials and the contribution of human rights fact-finding mechanisms.
Defending French in Flanders, 1873–1974
This book examines the efforts of the French-speaking minority in Flanders, Belgium, to maintain a legal and social presence of the French language in Flemish public life. Chronologically, the study is bookended by two developments, almost exactly a century apart. In 1873, the first laws were passed which required the use of Dutch in some aspects of public administration in Flanders, challenging the de facto use of French among the Flemish ruling class. One hundred and one years later, the last French daily newspaper in Flanders collapsed, marking the end of a once-vibrant French-language public sphere in Flanders. The author contends that the methods and arguments by which French speakers d...
Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law
For the first time, an English-written book collects the most salient opinions of Judge Paulo Pinto de Albuquerque (European Court of Human Rights).
Constitutional Review in Europe
Constitutions serve to delineate state powers and enshrine basic rights. Such matters are hardly uncontroversial, but perhaps even more controversial are the questions of who (should) uphold(s) the Constitution and how constitutional review is organised. These two questions are the subject of this book by Maartje de Visser, which offers a comprehensive, comparative analysis of how 11 representative European countries answer these questions, as well as a critical appraisal of the EU legal order in light of these national experiences. Where possible, the book endeavours to identify Europe's common and diverse constitutional traditions of constitutional review. The raison d'être, jurisdiction ...
