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Freedom and its enemies 9 - eBook (9789462743793)

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Contemporary Western constitutional systems promised a liberty-based political and social order. Yet over time,liberty has turned into a self-destructive force, as rights claims have been increasingly advanced not to defend negative liberties, but to demand positive action from governments to promote freedom or righteous causes.Freedom and Its Enem...

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Freedom and its enemies 9 - eBook (9789462743793)
Freedom and its enemies 9 - eBook (9789462743793)
Contemporary Western constitutional systems promised a liberty-based political and social order. Yet over time,liberty has turned into a self-destructive force, as rights claims have been increasingly advanced not to defend negative liberties, but to demand positive action from governments to promote freedom or righteous causes.Freedom and Its Enemies reflects on the demise of liberty from the perspective of political practice and through the lenses of political theory, constitutional law and human rights. The authors contemplate key problems from the broader perspective of constitutionalism and liberty, address the tension between liberty and dignity, and bring case studies on particularly challenging issues to the discussion.The sheer depth and richness of the contributions in this collection make this volume a useful roadmap for a much needed dialogue.
31,11
The EU Bill of Rights’ Diagonal Application to Member States - eBook (9789462749153)
The EU Bill of Rights’ Diagonal Application to Member States - eBook (9789462749153)
It is out of the question that nowadays the European competence to defend rule of law and human rights against Member States is one of the core issues of the ‘European project’. In the last decade, the EU institutions have made several, benevolent but feeble, attempts to enforce rule of law and human rights requirements. Though EU law’s approach, at least at first glance, might appear to be idiosyncratic, it is far from unprecedented and, as far as multilevel constitutionalism is concerned, EU law may draw on the experiences of various regimes where centralized human rights protection and national (state) constitutional identities coexist. Comparative federalism provides an array of experiences, solutions and techniques, which help the European integration to grasp and address the diagonal enforcement of human rights and to take stock of its solutions. This volume addresses the EU’s human rights problem from a comparative perspective and explores the constitutional and jurisprudential …
23,80
In Courts We Trust
In Courts We Trust
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…
29,89
Balancing the protection of business and employment in insolvency - Jennifer L.L. Gant - eBook (9789462747081)
Balancing the protection of business and employment in insolvency - Jennifer L.L. Gant - eBook (9789462747081)
Following the economic shocks of 2007/08 a spotlight has been thrown on how best to support effective business rescue and employment protection. However, business rescue and employment protection often tend to conflict in law and policy. Employees attached to the sale of a business often represent a liability by reducing the business's intrinsic value and deterring business acquisitions in view employment liabilities that transfer by operation of the Acquired Rights Directive. As such, a balance must be sought between the conflicting policy objectives of business rescue and employment protection. This book presents an investigation based on a comparative legal historical analysis of the approaches taken to balancing employment protection and business rescue in the United Kingdom and France, chosen due to their legal and political influence in the EU and their archetypically different legal systems. This approach is useful as a background to future reform efforts as it explains how part…
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Hungarian Yearbook of International Law and European Law - eBook (9789462748347)
Hungarian Yearbook of International Law and European Law - eBook (9789462748347)
The Hungarian Yearbook of International Law and European Law consists of a collection of articles written mostly by Hungarian authors, covering developments in the field of international law and EU law, and progress in domestic implementation and application of these fields of law. The thematic part of the volume centres around various issues of migration, both from a practical as well as from a theoretical point of view. The Yearbook also contains numerous articles analysing well-known Hungary-related cases and their assessment from the perspective of Hungarian legal experts. The Yearbook offers a comprehensive picture of the state of application and implementation of EU law and international law in Hungary.
117,75
Valorisation of Household Labour in Family Property Law - Charlotte Declerck, Leon Verstappen - eBook (9789462748910)
Valorisation of Household Labour in Family Property Law - Charlotte Declerck, Leon Verstappen - eBook (9789462748910)
This book provides a comparative overview of the valorisation and compensation of household labout in property relations between spouses and cohabitants. Academic experts from Belgium (Prof. Charlotte Declerck and Prof. Ingrid Boone), Germany (Prof. Katharina Lugani), England & Wales (Prof. Anne Barlow), France (Prof. Véronique Bouchard-Barabé), The Netherlands (Prof. Leon Verstappen and Prof. Wilbert Kolkman), Norway (Prof. Tone Sverdrup) and Spain & Catalonia (Prof. Josep Ferrer-Riba) examine the topic from the perspective of their particular legal systems. The book concludes with a comparative analysis from Prof. Leon Verstappen and Prof. Charlotte Declerck.
37,21
Re- De- Co-dification? - Agustin Parise, Lars van Vliet - eBook (9789462749900)
Re- De- Co-dification? - Agustin Parise, Lars van Vliet - eBook (9789462749900)
Is it time for jurisdictions to undertake recodification, decodification, or even codification of their private laws? This volume addresses this recurring question in legal science by presenting recent developments and new perspectives on the codification of private law from a comparative law viewpoint. Contributions in this volume explore how jurisdictions from America, Asia and Europe currently stand regarding codification and help generate awareness on different paths, yet also of common grounds. Codification exceeds jurisdictional borders, and therefore the experiences presented in this volume should be seen as part of a global phenomenon. Jurisdictions do not evolve in isolation, since the circulation of ideas – often present in transplantation or normative transfers – is able to shape codification. This volume should help assess the virtues and weaknesses of codification, thus offering insights into the status of a paradigm that stretches across the globe.
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Imagination and participation - Joyce Sternheim, Rob Bruijnzeels - eBook (9789462086883)
Imagination and participation - Joyce Sternheim, Rob Bruijnzeels - eBook (9789462086883)
How can the public library fulfil its classic social mission in our individualized and sometimes fragmented society? And how does such a library fit into the urban public space, in which commerce and consumption seem to reign supreme? This requires innovative architecture, the strength of imagination and the willingness to think countercyclically. In Imagination and Participation librarians Rob Bruijnzeels and Joyce Sternheim examine the most important transitions in public library work. They spoke with experts and Dutch top architects who have designed public libraries in the Netherlands and abroad. These conversations and the authors' own insights and experiences have resulted in a new perspective on contemporary library work that has been translated into starting points for the future architecture of public libraries. The authors have been working on the transition of library work and its consequences for the architecture and design of library buildings for quite some time. They…
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Colonizing, decolonizing, and globalizing Kolkata - Siddhartha Sen - eBook (9789048530687)
Colonizing, decolonizing, and globalizing Kolkata - Siddhartha Sen - eBook (9789048530687)
This is a unique book about architecture, urban design, and urban planning in Kolkata from the late seventeenth century to the turn of the twenty-first century, told in the context of India. The author presents a new interpretive history of the transformation of a colonial city into a Marxist one and its attempt to become a global city. Drawing from multiple theories such post-structuralism; theories of dependent urbanism; Marxist political economy; postcolonial theory; contemporary urban theory; and studies of Nongovernmental Organizations (NGOs), Community Based Organizations (CBOs), and civil society, the book positions architecture, urban design, and urban planning in Kolkata's political economy and social milieu. The author employs critical ethnographical and other qualitative methods to narrate the amazing saga of Kolkata's urbanism. The book is accessible to a wide-ranging audience and is visually rich.
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Contemporary Western constitutional systems promised a liberty-based political and social order. Yet over time,liberty has turned into a self-destructive force, as rights claims have been increasingly advanced not to defend negative liberties, but to demand positive action from governments to promote freedom or righteous causes.Freedom and Its Enemies reflects on the demise of liberty from the perspective of political practice and through the lenses of political theory, constitutional law and human rights. The authors contemplate key problems from the broader perspective of constitutionalism and liberty, address the tension between liberty and dignity, and bring case studies on particularly challenging issues to the discussion.The sheer depth and richness of the contributions in this collection make this volume a useful roadmap for a much needed dialogue.

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