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This innovative book blends constitutional theory with real-life political practice to explore the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It draws from comparative, historical, political and theoretical perspectives to answer questions all constitutional designers should ask themselves: - Should the constitution append amendments sequentially to the end of the text? - Should it embed amendments directly into the existing text, with notations about what has been modified and how? - Should it instead insert amendments into the text without indicating at all that any alteration h...
This authoritative commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed at academic researchers studying social and economic rights in Europe and legal practitioners, civil society organisations, trade unions and state representatives engaging with the procedures of the European Committee of Social Rights. The text is composed of contributions from a large number of experts, bringing together senior and young scholars across different countries and legal traditions with expertise in social and economic rights and a commitment to enhancing the European system for regulating these rights. The commentary offers 106 chapters, or...
This authoritative commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed at academic researchers studying social and economic rights in Europe and legal practitioners, civil society organisations, trade unions and state representatives engaging with the procedures of the European Committee of Social Rights. The text is composed of contributions from a large number of experts, bringing together senior and young scholars across different countries and legal traditions with expertise in social and economic rights and a commitment to enhancing the European system for regulating these rights. The commentary offers 106 chapters, organised into eight volumes, some of which are focused on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights and others on the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system. Volume 2 analyses the European Social Charter provisions, starting with the Preamble and covering Articles 1 to 10.
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Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.
Teve lugar nos dias 22 e 23 de janeiro de 2016, nas instalações da Escola de Lisboa da Faculdade de Direito da Universidade Católica Portuguesa, o IX Encontro dos Professores de Direito Público, subordinado ao tema "Direitos Fundamentais e Direito Público". Estiveram presentes cerca de 50 docentes e alguns doutorandos em Direito Público. O IX Encontro incluiu dois modelos de painéis que decorreram alternadamente. A dois painéis de tipo clássico, onde cada Professor apresentou um tópico específico, somaram-se duas mesas redondas que permitiram uma discussão mais aberta e alargada dos temas tratados. São algumas das intervenções no IX Encontro de Professores de Direito Público que ora se publicam.
Many of the biographees are members of the Santo Antonio Society which was organized in Honolulu in 1877.