Global Perspectives on Subsidiarity

Global Perspectives on Subsidiarity PDF

Author: Michelle Evans

Publisher: Springer

Published: 2014-05-21

Total Pages: 223

ISBN-13: 9789401788113

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Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.​

Global Perspectives on Subsidiarity

Global Perspectives on Subsidiarity PDF

Author: Michelle Evans

Publisher: Springer

Published: 2014-05-16

Total Pages: 229

ISBN-13: 9401788103

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Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.​

Global Perspectives on Constitutional Law

Global Perspectives on Constitutional Law PDF

Author: Vikram Amar

Publisher: Oxford University Press

Published: 2009

Total Pages: 255

ISBN-13: 0195328116

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The authors introduce students to the various ways that nations other than the United States resolve contemporary constitutional questions. Covering both structural issues and individual rights, each chapter presents foreign case materials on a particular topic, comparing U.S and other nations' laws.

The Rule of Law at the National and International Levels

The Rule of Law at the National and International Levels PDF

Author: Machiko Kanetake

Publisher: Bloomsbury Publishing

Published: 2016-04-21

Total Pages: 416

ISBN-13: 1782256156

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This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.

The Italian Parliament in the European Union

The Italian Parliament in the European Union PDF

Author: Nicola Lupo

Publisher: Bloomsbury Publishing

Published: 2017-10-05

Total Pages: 652

ISBN-13: 1782258744

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"The Lisbon Treaty states that national Parliaments shall contribute to a better functioning of the EU. Can they really do it and therefore enrich the European democracy? How far can they extend their original sovereignty without distorting political responsibilities that should be geared upon the European Parliament? The authors analyze the experience of the Italian Parliament under the light of these crucial questions and their exhaustive answers are greatly helpful to the readers of all over Europe." Giuliano Amato, Judge of the Italian Constitutional Court. This important new collection explores the role of the Italian Parliament in the Euro-national parliamentary system as an example of an increased role for national parliaments within the composite European constitutional order. It illustrates how parliamentary interactions within the European Union are highly systematic, with integrated procedures and mutual interdependence between the various institutions and stakeholders. The book argues that this dynamic is vital for both the functioning and the future equilibrium of democracy in the EU. This is significant, particularly given the challenges posed to democracy within the EU institutions and the Member States. Notwithstanding its peculiarities (a symmetrical bicameral system in which both Houses are directly elected, hold the same powers and are linked through a confidence relationship with the government), the Italian Parliament deserves specific attention as a lively active player of the European polity. The grid for its analysis proposed by this collection may also be applied to other national parliaments, so contributing to the development of comparative research in this field.

Lawmaking in Multi-level Settings

Lawmaking in Multi-level Settings PDF

Author: Patricia Popelier

Publisher: Nomos Verlag

Published: 2019-09-18

Total Pages: 318

ISBN-13: 3748900864

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Die Rechtsetzung ist bereits im nationalen Kontext schwer genug; in mehrstufigen Umfeldern wie den Bundesländern oder der EU ist sie jedoch noch komplizierter. Auf zentraler Ebene müssen Gesetze der Autonomie und Diversität der einzelnen Einheiten Rechnung tragen und trotzdem effektiv, kohärent, einfach und zugänglich sein. Auf der dezentralen Ebene müssen Gesetzgeber die Gesetze, die auf zentraler Ebene erarbeitet wurden, in einem festgelegten Zeitraum in ihrem eigenen Rechtsrahmen implementieren. Diese Herausforderungen werden in diesem Werk, das ausgewählte Beiträge der 2018 an der Universität Antwerpen stattgefundenen Konferenz der Internationalen Gesellschaft für Gesetzgebung enthält, diskutiert. Es befasst sich mit allen Mehrebenensystemen; ein besonderer Fokus liegt jedoch auf der EU, wo die Spannung zwischen Autonomie und Effizienz besonders offensichtlich ist. Teil I untersucht das Thema auf allgemeinster Ebene und umfasst alle Typen von Mehrebenensystemen. Teil II befasst sich mit der EU-Perspektive und Teil III mit der Perspektive der Mitgliedsstaaten. Die Autoren sind Experten in verschiedenen Disziplinen und Praktiker, was einen interdisziplinäre Herangehensweise sicherstellt.

The Triangular Constitution

The Triangular Constitution PDF

Author: Tom Flynn

Publisher: Bloomsbury Publishing

Published: 2019-05-16

Total Pages: 224

ISBN-13: 1509916172

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This book offers a new account of modern European constitutionalism. It uses the Irish constitutional order to demonstrate that, right across the European Union, the national constitution can no longer be understood on its own, in isolation from the EU legal order or from the European Convention on Human Rights. The constitution is instead triangular, with these three legal orders forming the points of a triangle, and the relationship and interactions between them forming the triangle's sides. It takes as its starting point the theory of constitutional pluralism, which suggests that overlapping constitutional orders are not necessarily arranged 'on top of' each other, but that they may be arranged heterarchically or flatly, without a hierarchy of superior and subordinate constitutions. However, it departs from conventional accounts of this theory by emphasising that we must still pay close attention to jurisdictional specificity in order to understand the norms that regulate pluralist constitutions. It shows, through application of the theory to case studies, that any attempt to extract universal principles from the jurisdictionally contingent interactions between specific legal orders is fraught with difficulty. The book is an important contribution to constitutional theory in general, and constitutional pluralism in particular, and will be of great interest to scholars in the field.

Dignity as a Human Right?

Dignity as a Human Right? PDF

Author: George P. Smith

Publisher: Rowman & Littlefield

Published: 2018-11-27

Total Pages: 177

ISBN-13: 1498584209

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Dignity is seen, commonly, as an ethical obligation owed to human persons. The dimensions of this obligation are subject to wide discussion and defy universal agreement. Dignity is seen, commonly, as an ethical obligation owed to human persons. Dignity as a Human Right? examines dignity within the prism of death, and more particularly, its humane and dignified management. Although there is no domestic or international right to die with dignity, within the right to life should, arguably, be a right to dignity and self-determination especially at its end-stage; for, a powerful interface exists between the right to human dignity and the very right to life, to love and humanity as well as compassion at its conclusion. Legislative efforts--nationally and internationally--have begun to recognize a right to die with dignity when a condition of medical futility exists. There are presently five states and the District of Columbia, together with a judicial interpretation from the Montana Supreme Court, which recognize death assistance for the terminally ill. Internationally, Canada, Belgium, the Netherlands, and Switzerland are seen as leaders in this recognition. The United Nations has played a significant role in framing end-of-life decision making within the ambit of human rights protection. The UN Charter states unequivocally that the dignity and worth of the human person must be protected and safeguarded. Similarly, among other instruments, the Universal Declaration on Human Rights acknowledges that all human beings are born free and equal in dignity and rights.

The Foundations and Future of Public Law

The Foundations and Future of Public Law PDF

Author: Elizabeth Fisher

Publisher: Oxford University Press

Published: 2020-01-30

Total Pages: 481

ISBN-13: 0192583913

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Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.

Cosmoipolitan Justice

Cosmoipolitan Justice PDF

Author: Jonathan Bowman

Publisher: Springer

Published: 2015-01-12

Total Pages: 322

ISBN-13: 3319127098

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This book assesses the rapid transformation of the political agency of religious groups within transnational civil society under the conditions of globalization that have weakened the sovereign nation-state. It offers a comprehensive synthesis of the parallel resurgences of Jasper’s axial thesis from the distinct lines of research initiated by Eisenstadt, Habermas, Taylor, Bellah, and others. It explores the concept of cosmoipolitanism from the combined perspectives of sociology of religion, critical theory, secularization theory, and evolutionary cultural anthropology. At the theoretical level, cosmoipolitanism prescribes how local, national, transnational, global, and virtual spaces ought publically to engage in transcivilizational discourse without presuming secular assumptions tied to cosmopolitanism. As a transnational extension of the moral-ethical universality of the great Axial Age traditions, cosmoipolitanism provides an ideal description of empirical data. Employing the insights of critical theory, this book offers a micro-level analysis of the pragmatics of discourse of each of the major axial traditions producing a genealogy in iterated stages of the dialectics of secularization as a multi-faceted narrative of the role of religion in alternative modernities. While circumscribing the particular historical limits of each tradition, the book extends their internal claims to species universality in light of the potential for boundless communication Jaspers saw as initiated with the Axial Age. In Jon Bowman's novel and important work, he rethinks the challenges of global justice. Bowman is not just concerned with global justice in the modern world, but with a genealogy that begins with a better understanding of the Axial age, one that is also the unique signature of cosmoi-political institutions. Arguing with depth and precision, Bowman challenges Kantian and Rawlsian universalism. His argument provides a new interpretation of cosmopolitan justice as he explores the deeper roots of cosmopolitan justice. James Bohman Saint Louis University Jon Bowman’s Cosmoipolitan Justice is an important, innovative and timely work. Construing globality in terms of pervasive conditions of worldwide interdependence, Bowman advances a decidedly pluralistic account of cosmopolitanism, one uniquely shaped by recent theories of multiple modernities. His analysis is sustained by a highly informed appropriation of such diverse thinkers as Theodor Adorno, Abudullah An-Naim, Talad Asad, Schmuel Eisenstadt, Jürgen Habermas, Karl Jaspers, John Rawls, Amartya Sen, and Charles Taylor. One special feature is the book’s synthesis of research on global governance with that on post-secularity and the place of religion in the public sphere. On this basis Bowman presents a distinctive account of the world’s axial religions, one underwriting a multi-polar, intercultural global public realm able to address social, political, and economic issues confronting the global community today. This book should be of great interest to students and scholars in philosophy, political theory, international relations, sociology, and religious studies. Professor Andrew Buchwalter Department of Philosophy University of North Florida