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Racial Justice, Policies and Courts' Legal Reasoning in Europe

Racial Justice, Policies and Courts' Legal Reasoning in Europe
Author: María Elósegui
Publisher: Springer
Total Pages: 237
Release: 2017-04-08
Genre: Law
ISBN: 3319535803

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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.


The Development of Legal Instruments to Combat Racism in a Diverse Europe

The Development of Legal Instruments to Combat Racism in a Diverse Europe
Author: Jan Niessen
Publisher: BRILL
Total Pages: 318
Release: 2004-04-01
Genre: Law
ISBN: 9047413172

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Europe has come a long way at least in the institutional response to racism. This book describes the responses of the Council of Europe and the European Union to the worrying trends of racism and xenophobia in the 1990s, and considers the prospects for combating discrimination in Europe using tools that have emerged as a result.


Law, Lawyers and Race

Law, Lawyers and Race
Author: Mathias Möschel
Publisher: Routledge
Total Pages: 247
Release: 2014-09-15
Genre: Law
ISBN: 1317811526

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Critical Race Theory (CRT) is virtually unheard of in European scholarship, especially among legal scholars. Law, Lawyers and Race: Critical Race Theory from the United States to Europe endeavours to fill this gap by providing an overview of the definition and consequences of CRT developed in American scholarship and describing its transplantation and application in the continental European context. The CRT approach adopted in this book illustrates the reasons why the relationship between race and law in European civil law jurisdictions is far from anodyne. Law plays a critical role in the construction, subordination and discrimination against racial minorities in Europe, making it comparable, albeit in slightly different ways, to the American experience of racial discrimination. Anti-Semitism, Islamophobia, anti-Roma and anti-Black racism constitute a fundamental factor, often tacitly accepted, in the relationship between law and race in Europe. Consequently, the broadly shared anti-race and anti-racist position is problematic because it acts to the detriment of victims of racism while privileging the White, Christian, male majority. This book is an original exploration of the relationship between law and race. As such it crosses the disciplinary divide, furthering both legal scholarship and research in Race and Ethnicity Studies.


Courts, Politics and Constitutional Law

Courts, Politics and Constitutional Law
Author: Martin Belov
Publisher: Routledge
Total Pages: 201
Release: 2019-10-16
Genre: Law
ISBN: 1000707970

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This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.


Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights
Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
Total Pages: 124
Release: 2017-08-04
Genre: Political Science
ISBN:

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European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.


Responsibility for negation of international crimes

Responsibility for negation of international crimes
Author: Patrycja Grzebyk
Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
Total Pages: 322
Release:
Genre: Political Science
ISBN:

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History is no longer the exclusive domain of historians, but is now often used as a tool for politics. It is not without reason that the term “state historical policy” has been coined, which must be a kind of aberration for those who believed that the role of history is to objectively determine the course of events. The fact is, however, that the distortion of historical facts, the concealment of crimes is now part of the “information war”. Therefore, new acts of public international law, EU law and national law are introduced in order to combat public condonation, denial or gross trivialisation of the core international crimes which are certain forms and expressions of racism and xenophobia. States have to determine for themselves how they understand “denial” or “gross trivialization”, which may lead to abuse. In many cases, when introducing criminal law provisions, States wish to decree historical truth, to establish once and for all the general facts and determine who was the victim, and who was the perpetrator. This does not have to be the result of bad will, but of a desire to exclude the possibility of nuance, which could turn into dangerous trivialisation. The aim of this publication is to specify the reasons for holding accountable for denial of international crimes, indicate legal obligations in this respect, look at the Polish case, both in terms of criminal provisions (partly repealed) and standards of a civil law nature, and compare the Polish regulation with the legal systems of other states, which were chosen because of the region (Central and Eastern Europe) or due to having current problems with denial of crimes or doubts about prosecution on this account.


Democratic Institutions and Practices

Democratic Institutions and Practices
Author: Juan José Gómez Gutiérrez
Publisher: Springer Nature
Total Pages: 247
Release: 2022-09-23
Genre: Political Science
ISBN: 3031108086

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This book explores key contemporary issues of democracy in our globalized and highly technologized world. Written from an interdisciplinary perspective, with contributions including the fields of philosophy, political science, media studies, linguistics, and aesthetics, it reflects on the characteristics of the democratic state and democratic social practices. The book features contributions on topics such as the status of political parties, the separation of powers and the rule of law, bureaucracy and meritocracy, equality, forms of democratic participation and governance, comparisons between historical and contemporary democratic practices, individual rights, propaganda, political engagement, and consent. Further, it discusses how global information flows and new technologies affect democratic processes, including topics such as cyber-activism and open-source software as a means of empowerment to ethnocentric and class-centric technological design, globalization and media neutrality, and the mechanization of public administration. Overall, the book demonstrates how historical, philosophical, technical, and institutional issues relate to contemporary democracy. It will appeal to political theorists, social scientists and everybody interested in contemporary democracy.


Legitimacy and International Courts

Legitimacy and International Courts
Author: Nienke Grossman
Publisher: Cambridge University Press
Total Pages: 397
Release: 2018-02-22
Genre: Law
ISBN: 1108540228

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One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.


Alt-Right Gangs

Alt-Right Gangs
Author: Shannon E. Reid
Publisher: University of California Press
Total Pages: 202
Release: 2020-09-22
Genre: Social Science
ISBN: 0520300459

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Alt-Right Gangs provides a timely and necessary discussion of youth-oriented groups within the white power movement. Focusing on how these groups fit into the current research on street gangs, Shannon E. Reid and Matthew Valasik catalog the myths and realities around alt-right gangs and their members; illustrate how they use music, social media, space, and violence; and document the risk factors for joining an alt-right gang, as well as the mechanisms for leaving. By presenting a way to understand the growth, influence, and everyday operations of these groups, Alt-Right Gangs informs students, researchers, law enforcement members, and policy makers on this complex subject. Most significantly, the authors offer an extensively evaluated set of prevention and intervention strategies that can be incorporated into existing anti-gang initiatives. With a clear, coherent point of view, this book offers a contemporary synthesis that will appeal to students and scholars alike.


Law, Reason and Emotion

Law, Reason and Emotion
Author: Mortimer Sellers (org.)
Publisher: Initia Via Editora
Total Pages: 1217
Release:
Genre: Law
ISBN: 8595470316

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Volume II: Special Workshops Initia Via Editora