Direct Democracy in Comparative Law - Elisabetta Palici Di Suni - eBook (9789462748491)

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Faced with the variety and complexity of the forms that direct democracy takes today, this book pays attention first to the main stages in which direct democracy has historically evolved, and then considers at greater length the systems currently in place in different countries. The first chapter provides historical background. The two following ch...

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Direct Democracy in Comparative Law - Elisabetta Palici Di Suni - eBook (9789462748491)
Direct Democracy in Comparative Law - Elisabetta Palici Di Suni - eBook (9789462748491)
Faced with the variety and complexity of the forms that direct democracy takes today, this book pays attention first to the main stages in which direct democracy has historically evolved, and then considers at greater length the systems currently in place in different countries. The first chapter provides historical background. The two following chapters are devoted to Europe and to the Americas, where direct democracy is most developed. The analysis of the different forms that direct democracy has historically taken and those that characterize contemporary systems should allow a more balanced judgment for or against direct democracy, both in general and in specific contexts. The Comparative Public Law Treatise is a comprehensive body of publications, addressing the most relevant topics within comparative public law. The Treatise aims to identify and present in an original fashion comparative knowledge in the area of public law, whilst also developing new interpretative guidelines. Eac…
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From common market to common democracy - Jaap Hoeksma - Paperback (9789462402799)
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Since its foundation in 1992 the EU has been developing from an international organisation towards a European democracy. The Maastricht Treaty introduced the citizenship of the Union, while the Treaty of Amsterdam included the concept of democracy in the core values of the EU and 'Lisbon' construed the European Union as a democracy without turning the Union into a State. This development has not been foreseen by politicians and scholars. According to the prevailing theories the EU should have become either a sovereign State of Europe or a Europe of sovereign States. The theory of democratic integration, which is presented in this monograph, replaces the outdated paradigm of the Westphalian system of international relations with the civic perspective of democracy and the rule of law. From this angle, it seems obvious that, if two or more democratic states decide to share the exercise of sovereignty in a number of fields with the view to attain common goals, the organisation they establi…
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Bringing together a group of both international and Malaysian scholars, this book offers an up-to-date and broad analysis of the contemporary state of Malaysian politics and society. Transcending disciplinary boundaries, it offers a look at Malaysian politics not only through the lens of political science but also anthropology, cultural studies, international relations, political economy and legal studies touching on both overlooked topics in Malaysian political life as well as the emerging trends which will shape Malaysia's future. Covering silat martial arts, Malaysia's constitutional identity, emergency legislation, the South China Sea dilemma, ISIS discourse, zakat payment, the fallout from the 1MDB scandal and Malaysia's green movement, Illusions of Democracy charts the complex and multi-faceted nature of political life in a semi-authoritarian state, breaking down the illusions which keep it functioning, to uncover the mechanisms which really underlie the paradoxical longevity of …
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The Theory of Democractic Integration - Jaap Hoeksma - eBook (9789462404762)
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The Theory of Democratic Integration, which will be presented in this treatise, is the first political theory to account for the dual character of the EU as both a Union of States and a Union of Citizens. The new theory brings about a revolutionary breakthrough in EU research as it replaces the traditional Westphalian paradigm of states with the civic perspective of democracy and the rule of law. From this perspective there is no point in governing an organisation of democratic states in an undemocratic manner. At the same time it is equally self-evident that, if two or more democratic states agree to share the exercise of sovereignty in a number of fields with a view to attain common goals, the organisation they establish for this purpose should be democratic too. The Copernican revolution, engendered by the theory of democratic integration, is not only of academic interest. It also has great practical consequences. The first concrete result of the new theory is that it provides for t…
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In this farewell speech on the occasion of his retirement as Professor of Comparative Constitutional Law at Maastricht University, given in March 2022, Aalt Willem Heringa discusses the too often ignored role of courts as interpreters of statutes. The courts, by checking the (constitutional) quality of statutes, contribute to the rule of law and parliamentary democracy. Independent courts may add to the confidence in a constitutional and parliamentary system as a whole, by being in a position to decide cases on contentious issues as an authoritative third branch of government. Moreover, courts can also make it visible to all that not only are citizens bound by the law, but that rules and fundamental principles also apply to politicians. Being subject to legal rules is not an indication of weakness, as politicians often want us to believe. On the contrary, it is an expression of strength: the strength of the safeguards for the proper functioning of our political system, which is embedde…
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This is the published version of the first Maastricht Private Law Lecture which was delivered by Reinhard Zimmermann on 27 January 2017. According to a widely held view, the law of succession is shaped by the cultural values of the society within which it prevails. Related to this is the perception that the law of succession is marked by great stability. It is thus resistant both to change and to legal harmonization. Comparative research, too, has traditionally been regarded as impractical and unrewarding. In his lecture Zimmermann challenges this view. He points to transsystemic constants as well as transsystemic tendencies of development, to outdated peculiarities and thinking patterns as well as to the benefits to be gained by critical reflection, and he analyses historical examples of the phenomenon of legal charge and the reception of rules and ideas. The focus is, throughout, on two central problem areas within the province of the law of succession: testamentary formalities and t…
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This book analyses the institution of Minister of Justice in the constitutional systems of several European countries: the United Kingdom, Ireland, Germany, Austria, France, Italy, and Poland. The research was based on the hypothesis that the Minister of Justice is, in fact, inessential, because the institution is to a large extent incompatible with the principles of the separation of powers and the independence of the judiciary. Certain competences currently assigned to this institution might be allocated to other bodies and departments, including those that function as part of the government (the Cabinet), without any prejudicial effect on the functioning of the state. The book is aimed at academics in the field of comparative constitutional law. Piotr Mikuli, Ph.D. (habil.), is a professor at the Jagiellonian University in Kraków and head of the Chair in Comparative Constitutional Law. His interests include constitutional and administrative justice, political systems and constitutio…
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This volume examines the most spectacular struggle for democracy in post-handover Hong Kong. Bringing together scholars with different disciplinary focuses and comparative perspectives from mainland China, Taiwan and Macau, one common thread that stitches the chapters is the use of first-hand data collected through on-site fieldwork. This study unearths how trajectories can create favourable conditions for the spontaneous civil resistance despite the absence of political opportunities and surveys the dynamics through which the protestors, the regime and the wider public responses differently to the prolonged contentious space. *The Umbrella Movement: Civil Resistance and Contentious Space in Hong Kong* offers an informed analysis of the political future of Hong Kong and its relations with the authoritarian sovereignty as well as sheds light on the methodological challenges and promises in studying modern-day protests.
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The book is the extended version of the inaugural lecture given by Professor Petra Bárd on 21 September 2023 on the occasion of her taking up the Chair in Sustainable Rule of Law at the Research Centre for State and Law (SteR) in the Faculty of Law at Radboud University, Nijmegen. Professor Bárd places the specific manifestation of rule of law deficiencies in the evolution of European criminal justice within a broader constitutional context. She has led the way in reframing the academic and policy debates, so that mutual trust and mutual recognition, the principle guiding EU criminal cooperation, are firmly grounded in the framework of defending and sustaining the inextricably linked values of democracy, the protection of fundamental rights and the rule of law. The inaugural lecture, just like the award of the Chair, is a testament to Professor Bárd’s immense contribution towards understanding and defending the rule of law in Europe in challenging times. Professor Valsamis Mitsilegas
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Faced with the variety and complexity of the forms that direct democracy takes today, this book pays attention first to the main stages in which direct democracy has historically evolved, and then considers at greater length the systems currently in place in different countries. The first chapter provides historical background. The two following chapters are devoted to Europe and to the Americas, where direct democracy is most developed. The analysis of the different forms that direct democracy has historically taken and those that characterize contemporary systems should allow a more balanced judgment for or against direct democracy, both in general and in specific contexts. The Comparative Public Law Treatise is a comprehensive body of publications, addressing the most relevant topics within comparative public law. The Treatise aims to identify and present in an original fashion comparative knowledge in the area of public law, whilst also developing new interpretative guidelines. Each volume, which is written by reputable scholars, offers a specialised analysis, which will be of use to legal scholars, students and also general readers.

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