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The law of international responsibility, a classic area of investigation in international law, has been attracting an ever increasing interest in recent times, as reflected also in the work of the International Law Commission on State responsibility and on responsibility of international organizations. The exploration of current trends in this important area is therefore an appropriate and timely subject for a book in memory of Oscar Schachter, a former United Nations official, Columbia Law School professor, ASIL President, and international lawyer of world-wide reputation, who died in December 2003. The editor of the book has assembled a team of thirty-six prominent international lawyers belonging to twenty different nationalities to write about different aspects of the law of international responsibility, from general issues to specific areas of the law (including responsibility before international courts and tribunals), with respect to both the law of State responsibility and responsibility of international organizations and other non-State actors. The result of this effort is a monographic volume (enriched by a biography and a list of publications of Oscar Schachter, and accompanied by a bibliography of all the works cited in the various contributions and an index for easier consultation), which will be of interest not only to the many admirers and friends of Oscar Schachter around the world, but also, more broadly, to international law academics and practitioners.
Government liability (International law) --- État --- Responsabilité (droit international) --- Public law. Constitutional law --- International law --- Legal theory and methods. Philosophy of law --- International claims --- Sovereignty --- Claims --- International right. --- Responsibility. --- State liability. --- Accountability --- Moral responsibility --- Obligation --- Ethics --- Supererogation
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Examines the impact of colonially imposed borders on the intertwined trajectories of ethnic conflict and state development in contemporary Africa.
Africa --- Eastern Hemisphere --- Boundaries. --- Colonial influence. --- Ethnic relations --- Political aspects. --- Politics and government --- Political systems --- National movements --- Law of nations: objects and subjects --- Public law. Constitutional law --- POLITICAL SCIENCE / World / African.
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Public law. Constitutional law --- Administrative law --- European law --- European Union --- EEC / European Union - EU -Europese Unie - Union Européenne - UE --- 342.4 --- 334.150.0 --- 398.1 --- Raad van Europa --- regio's --- Grondwet. Staathervorming. --- Institutionele aspecten EG: algemeenheden. --- grondwet --- europese unie --- internationale verdragen --- constitution --- union europeenne --- traites internationaux --- Union européenne --- Politics and government --- Constitution (Law) --- Grondwet. Staathervorming --- Institutionele aspecten EG: algemeenheden
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European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.
Public law. Constitutional law --- United States --- Europe --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Interpretation and construction --- Law --- General and Others --- United States of America --- DROIT CONSTITUTIONNEL COMPARE --- DROIT CONSTITUTIONNEL EUROPEEN --- DROIT CONSTITUTIONNEL --- DROITS DE L'HOMME --- COURS CONSTITUTIONNELLES --- ETATS-UNIS --- DIGNITE HUMAINE
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Constitutional courts have emerged as central institutions in many advanced democracies. This book investigates the sources and the limits of judicial authority, focusing on the central role of public support for judicial independence. The empirical sections of the book illustrate the theoretical argument in an in-depth study of the German Federal Constitutional Court, including statistical analysis of judicial decisions, case studies, and interviews with judges and legislators. The book's major finding is that the interests of governing majorities, prevailing public opinion, and the transparency of the political environment exert a powerful influence on judicial decisions. Judges are influenced not only by jurisprudential considerations and their policy preferences, but also by strategic concerns. By highlighting this dimension of constitutional review, the book challenges the contention that high court justices are largely unconstrained actors as well as the notion that constitutional courts lack democratic legitimacy.
Public law. Constitutional law --- Internal politics --- Law of civil procedure --- Germany --- Judicial review --- Political aspects --- Public opinion. --- Public opinion --- Social Sciences --- Political Science --- Review, Judicial --- Constitutional law --- Courts --- Delegation of powers --- Executive power --- Judicial power --- Legislation --- Legislative power --- Rule of law --- Separation of powers
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This book argues that many of the basic concepts that we use to describe and analyze our governmental system are out of date. Developed in large part during the Middle Ages, they fail to confront the administrative character of modern government. These concepts, which include power, discretion, democracy, legitimacy, law, rights, and property, bear the indelible imprint of this bygone era's attitudes, and Arthurian fantasies, about governance. As a result, they fail to provide us with the tools we need to understand, critique, and improve the government we actually possess. Beyond Camelot explains the causes and character of this failure, and then proposes a new conceptual framework, drawn from management science and engineering, which describes our administrative government more accurately, and identifies its weaknesses instead of merely bemoaning its modernity. This book's proposed framework envisions government as a network of connected units that are authorized by superior units and that supervise subordinate ones. Instead of using inherited, emotion-laden concepts like democracy and legitimacy to describe the relationship between these units and private citizens, it directs attention to the particular interactions between these units and the citizenry, and to the mechanisms by which government obtains its citizens' compliance. Instead of speaking about law and legal rights, it proposes that we address the way that the modern state formulates policy and secures its implementation. Instead of perpetuating outdated ideas that we no longer really believe about the sanctity of private property, it suggests that we focus on the way that resources are allocated in order to establish markets as our means of regulation. Highly readable, Beyond Camelot offers an insightful and provocative discussion of how we must transform our understanding of government to keep pace with the transformation that government itself has undergone.
Rule of law --- Bureaucracy --- Public administration --- Political science --- State, The --- Supremacy of law --- Administrative law --- Constitutional law --- Interorganizational relations --- Organizational sociology --- Political philosophy --- History. --- Philosophy. --- United States --- Politics and government. --- Government --- History, Political --- Political philosophy. Social philosophy --- Public law. Constitutional law --- USA -- 340.2
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In the wake of the EU's biggest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe (CEE) for membership in the European Union. In response to the painful past, these new constitutions were notably closed to transfer of powers to international organizations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organization has proved a sensitive and controversial exercise. This book analyses the amendments against the background of comparative experience and theory of sovereignty, as well as the context of political sensitivities, such as rising euroscepticism ahead of accession referendums.
Constitutional law --- Constitutions --- European Union --- Droit international --- Organisations internationales --- Union européenne --- Adhésion --- International and municipal law --- 281.1 Staatsrecht per land (behalve Belgie) --- Public law. Constitutional law --- European law --- International law --- Law --- Municipal and international law --- Constitutional limitations --- Constitutionalism --- Limitations, Constitutional --- Public law --- Administrative law --- Influence --- International law influences --- Interpretation and construction --- Europe, Eastern --- East Europe --- Eastern Europe --- Constitutional law - European Union countries --- Constitutions - Europe, Central --- Constitutions - Europe, Eastern --- Adhésion. --- General and Others --- Europe, Eastern.
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