La giustizia costituzionale nel XXI secolo
Author | : Francisco Fernández Segado |
Publisher | : |
Total Pages | : |
Release | : 2010 |
Genre | : |
ISBN | : |
Download La giustizia costituzionale nel XXI secolo Book in PDF, ePub and Kindle
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download La Giustizia Costituzionale Nel Xxi Secolo PDF full book. Access full book title La Giustizia Costituzionale Nel Xxi Secolo.
Author | : Francisco Fernández Segado |
Publisher | : |
Total Pages | : |
Release | : 2010 |
Genre | : |
ISBN | : |
Author | : Francisco Fernández Segado |
Publisher | : |
Total Pages | : 104 |
Release | : 2010 |
Genre | : Law |
ISBN | : 9788849130782 |
Author | : Grote, Rainer |
Publisher | : Edward Elgar Publishing |
Total Pages | : 576 |
Release | : 2021-10-21 |
Genre | : Political Science |
ISBN | : 1788971124 |
This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.
Author | : Ulrike Müßig |
Publisher | : |
Total Pages | : 424 |
Release | : 2020-10-08 |
Genre | : Political Science |
ISBN | : 9781013269943 |
This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyès' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu) This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.
Author | : Harvard Law School. Library |
Publisher | : |
Total Pages | : 704 |
Release | : 1979 |
Genre | : Law |
ISBN | : |
Author | : Marie-Louise H. Bernal |
Publisher | : |
Total Pages | : 52 |
Release | : 1986 |
Genre | : Government publications |
ISBN | : |
Author | : Massimo Meccarelli |
Publisher | : Max Planck Institute for European Legal History |
Total Pages | : 300 |
Release | : 2016-07-01 |
Genre | : Law |
ISBN | : 3944773055 |
http://dx.doi.org/10.12946/gplh6http://www.epubli.de/shop/buch/53894"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue. The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component. This analytical approach makes a contribution by providing some suggestions for the employment of space and time as coordinates for legal history. Indeed, contrary to those historiographical attitudes reflecting a monistic conception of space and time (as well as a Eurocentric approach), the book emphasises the need for a delocalized global perspective. In general terms, the essays collected in this book intend to take into account the multiplicity of the spatiotemporal confines, the flexibility of those instruments that serve to create chronologies and scenarios, as well as certain processes of adaptation of law to different times and into different spaces. The spatiotemporal dynamism enables historians not only to detect new perspectives and dimensions in foregone themes, but also to achieve new and compelling interpretations of legal history. As far as the relationship between space and law is concerned, the book analyses experiences in which space operates as a determining factor of law, e.g. in terms of a field of action for law. Moreover, it outlines the attempted scales of spatiality in order to develop legal historical research. With reference to the connection between time and law, the volume sketches the possibility of considering the factor of time, not just as a descriptive tool, but as an ascriptive moment (quasi an inner feature) of a legal problem, thus making it possible to appreciate the synchronic aspects of the ‘juridical experience’. As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline."
Author | : Mario Sbriccoli |
Publisher | : Giuffrè Editore |
Total Pages | : 1361 |
Release | : 2009 |
Genre | : Law |
ISBN | : 8814145075 |
Author | : Cristiano Paixão |
Publisher | : Springer Nature |
Total Pages | : 323 |
Release | : 2021-10-01 |
Genre | : Law |
ISBN | : 3030675025 |
This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.
Author | : Alberto Donati |
Publisher | : Giuffrè Editore |
Total Pages | : 137 |
Release | : 2010 |
Genre | : Law |
ISBN | : 8814152853 |