Democracy and Rule of Law in China`s Shadow, Brian Christopher Jones
Автор: Brian Christopher Jones Название: Democracy and Rule of Law in China`s Shadow ISBN: 1509933964 ISBN-13(EAN): 9781509933969 Издательство: Bloomsbury Academic Рейтинг: Цена: 79200.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow.
Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence.
Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics.
Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.
Автор: Drin?czi, T?mea Название: Illiberal Constitutionalism in Poland and Hungary ISBN: 1032007362 ISBN-13(EAN): 9781032007366 Издательство: Taylor&Francis Рейтинг: Цена: 42870.00 T Наличие на складе: Есть у поставщика Поставка под заказ.
Автор: Rachel E. Bowen Название: The Achilles Heel of Democracy ISBN: 1107178320 ISBN-13(EAN): 9781107178328 Издательство: Cambridge Academ Рейтинг: Цена: 105590.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Comparing five Central American countries, this book explores the influences of criminals, activists, and other societal actors on the justice system. The role of the judiciary in promoting the rule of law is of interest to political science and legal scholars. This work with its focus on Central America will be of particular interest.
Автор: Bowen Rachel E Название: Achilles Heel of Democracy ISBN: 1316630900 ISBN-13(EAN): 9781316630907 Издательство: Cambridge Academ Рейтинг: Цена: 33790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Comparing five Central American countries, this book explores the influences of criminals, activists, and other societal actors on the justice system. The role of the judiciary in promoting the rule of law is of interest to political science and legal scholars. This work with its focus on Central America will be of particular interest.
Автор: Sudha Setty Название: National Security Secrecy : Comparative Effects on Democracy and the Rule of Law ISBN: 1107576474 ISBN-13(EAN): 9781107576476 Издательство: Cambridge Academ Рейтинг: Цена: 32730.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Excessive national security secrecy has been a vexing problem in both of the post-9/11 US administrations, undermining democracy and the rule of law. Using a comparative and critical analysis, Sudha Setty considers constitutional priorities and potential avenues for reform in National Security Secrecy.
Автор: Sudha Setty Название: National Security Secrecy: Comparative Effects on Democracy and the Rule of Law ISBN: 110713062X ISBN-13(EAN): 9781107130623 Издательство: Cambridge Academ Рейтинг: Цена: 79200.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Excessive national security secrecy has been a vexing problem in both of the post-9/11 US administrations, undermining democracy and the rule of law. Using a comparative and critical analysis, Sudha Setty considers constitutional priorities and potential avenues for reform in National Security Secrecy.
Автор: Arvidsson Matilda, Brдnnstrцm Leila, Minkkinen Panu Название: Constituent Power: Law, Popular Rule, and Politics ISBN: 1474454976 ISBN-13(EAN): 9781474454971 Издательство: Bloomsbury Academic Рейтинг: Цена: 100320.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Analyses the political and legal power of 'the people' in contemporary democratic societies
Presents interdisciplinary perspectives from legal theory, political theory, and the history of ideas
Brings together an international range of contributors from Europe, North America and Latin America
Provides in-depth analyses of contemporary problems that afflict constitutional democracies globally
Includes a lead essay by Benjamin Arditi, a leading global expert on populism and popular sovereignty
Recent social and political developments, including the presidential elections in the United States, antidemocratic state policies in Hungary and Poland, and the political climate in the rest of Europe have brought questions relating to the position and composition of 'the people' in constitutional democracies to the forefront. This book confronts these questions head on as leading scholars across the fields of law, legal theory, political theory and history explore the contemporary problems facing constitutional democracies.
With a strong focus on constitutional law, this book examines the legal as well as the political power of 'the people' in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and 'the people'. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort and Jacques Ranci re.
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes.
The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’.
The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law.
Anneli Albi is Professor of European Law at the University of Kent, United Kingdom.
Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Автор: Benedetta Barbisan, Cesare Pinelli, Giuliano Amato Название: Rule of Law vs Majoritarian Democracy ISBN: 150993684X ISBN-13(EAN): 9781509936847 Издательство: Bloomsbury Academic Рейтинг: Цена: 116160.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds?
Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation.
Автор: Drinуczi Tнmea, Bień-Kacala Agnieszka Название: Illiberal Constitutionalism in Poland and Hungary: The Deterioration of Democracy, Misuse of Human Rights and Abuse of the Rule of Law ISBN: 1032007303 ISBN-13(EAN): 9781032007304 Издательство: Taylor&Francis Рейтинг: Цена: 148010.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population.
Автор: Leila Brannstrom, Matilda Arvidsson, Panu Minkkinen Название: Constituent Power: Law, Popular Rule and Politics ISBN: 1474454984 ISBN-13(EAN): 9781474454988 Издательство: Bloomsbury Academic Рейтинг: Цена: 23220.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Recent social and political developments, including the presidential elections in the United States, antidemocratic state policies in Hungary and Poland, and the political climate in the rest of Europe have brought questions relating to the position and composition of `the people` in constitutional democracies to the forefront
Автор: Benedetta Barbisan, Cesare Pinelli, Giuliano Amato Название: Rule of Law vs Majoritarian Democracy ISBN: 1509948376 ISBN-13(EAN): 9781509948376 Издательство: Bloomsbury Academic Рейтинг: Цена: 52790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes:- The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law;- The People: dealing with a set of problems around the notion of ‘people’ and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order;- Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people’s representation.
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