Name: In Courts We Trust
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Price: 29.89 EUR
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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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Ministers of Justice in Comparative Perspective - Natalie Fox, Piotr Mikuli, Radosław Puchta - eBook (9789462741904)

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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Beyond federal dogmatics - Stef Feyen - eBook (9789461660824)

Rethinking the relationship between EU law and Belgian national law. The relationship between EU law and national constitutional law, including constitutional law in federalism matters, has been subject to an ongoing scholarly debate. This monograph contributes to this debate in two ways. The author argues for an approach to constitutional law that goes beyond the classic - coined dogmatic - understanding of constitutional case law regarding federalism as expounded in Belgian academia. Building on that basis, he sets out to rethink the framework within which the connection between EU law and national constitutional law can be understood. The analysis delves into the relationship (and sometimes tension) between 'rule-of-law' values (which may serve as checks upon instrumental forms of reasoning) and the toolbox deployed in constitutional court case law to accommodate several rather pragmatic needs.

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Rule of Law: Sustainability and Mutual Trust in a Transforming Europe

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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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 …

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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.

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Devolution and Decentralisation in Social Security - eBook (9789460944253)

In many countries regional and local authorities are given more powers in the field of social security. Supposedly, this is a general trend taking place throughout the developed world and beyond. In this volume the processes of devolution and decentralisation in social security are researched from a comparative European perspective, taking into account the constitutional setting and the architecture of the social security systems. The book includes thirteen country studies based on a uniform format and three overarching contributions. The greater picture that emerges is that social insurance and family allowances are still very much a national competence and are predominantly functionally decentralised to a number of specialised agencies and institutions. There are only limited exceptions. A different conclusion must be drawn when we look at social assistance and social care. In many countries the role of local authorities has gradually increased over a longer period. However, in some …

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Illusions of Democracy - Sophie Lemière - eBook (9789048542666)

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 Netherlands Commercial Court - Matthijs Kuijpers - Paperback (9789492766533)

The Netherlands Commercial Court is a new international commercial court which opened its doors in Amsterdam on 1 January 2019. According to the Rule of Law Index of the World Justice Project, Dutch civil courts are among the most reputable in the world. In addition, the efficiency of Dutch civil procedural law contributes to the Dutch courts' vast experience in dealing with international commercial matters. The distinguishing feature of the new Netherlands Commercial Court is that the proceedings will be conducted – and the judgment rendered – entirely in English. Furthermore, the applicable procedural rules of the Netherlands Commercial Court provide the flexibility for proceedings to be conducted either in the civil law tradition or in a manner more similar to proceedings in common law jurisdictions or international arbitration. By providing this flexibility, the aim is to make proceedings recognisable for international parties. This book contains all relevant information concerning…

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Path of the patriots - Jan Kelley - eBook (9789076542669)

Step into the revolution that changed the world 'It took all the daring of an English author to embark on writing a guide that transports the walker back in time to the Paris of the French Revolution. Her book illuminates this difficult and complex period, one that opened the door to a shining age of liberty.' - Frédéric Lacaille, Curator, Musée National des Chateaux de Versailles et Trianon You don't need to know anything about the French Revolution to enjoy Path of the Patriots, because this historical time-trip tells you everything! You'll see squatters in the Louvre, revolutionary committees in royal bedrooms, savage massacres and beheadings where Parisians now sit eating their sandwiches, and a revolutionary prison right in the middle of Boulevard Saint-Germain. Path of the Patriots is a goldmine of tales and anecdotes about this turbulent period in Paris's history, and it tells you where to eat and drink while reading them. This book is so full of fascinating stories, you'll enjo…

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In Courts We Trust

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