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The Equilibrium of Parliamentary Law-making
This book is a response to the dangers posed to constitutional democracy by the continuous growth of executive power and the simultaneous decline of parliaments’ role in policy formation. These phenomena are often manifested in the manipulation and even the violation of the rules of parliamentary law-making, called irregularities. If left without consequences, these irregularities can ultimately lead to the elimination of the procedural constraints imposed on the ruling political forces to prevent their arbitrary exercise of power. This work investigates the constitutional significance of the irregularities of parliamentary law-making and explores the role that courts play in the remedy of...
The Language of Comparative Constitutional Law
This volume is the first in-depth collection to explore the impact of language on the field of comparative constitutional law. It addresses the epistemological and conceptual implications of English as the lingua franca. In this regard, it considers the global influence of Anglophone jurisdictions in orienting the discourse through the identification of concepts, designs and ideas that warrant engagement and exploration outside of those origin jurisdictions. In doing so, the book underscores that language is not a neutral device but can produce hegemonic pressures and expectations. It further makes the role of language in conducting comparative constitutional law explicit, so that its users ...
Threats of Force and International Law
Threats of force are an inherent part of communication between some States. One prominent example is the 2017–2018 crisis in relations between the United States and North Korea, marked by multiple threats issued by both sides. Yet, despite the fact that States seem to use threats of force with unlimited freedom, they are prohibited by international law. This book presents threats of force from the perspective of the practice of States. Thus, the book is based on an examination of multiple cases when States reported threats of force. It describes what threats of force are, examines the status of the prohibition of threats of force as a legal norm, presents examples and describes the mechanisms that are available for States in case threats occur, as well as their legal consequences. The book will be an invaluable resource for academics and researchers in the areas of international security law, public international law, law of armed conflict and international relations. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.
Legal Responses to Unjustified Threats of Patent Infringement
In this incisive book, Minyu Zheng examines the various legal responses to unjustified threats of patent infringement. Employing a comparative, jurisdiction-based analysis, Zheng investigates whether the unjustified nature of such threats originates from the inaccuracy of the infringing accusation, or the inappropriateness of issuing threats. In particular, Zheng reveals how to resolve threats which are issued in an undue way but contain a correct allegation of patent infringement.
Constitutional Values, Identities and Rights
This book discusses the way in which the constitutions are shaped by, and shape, the values and identities inherent in them and how those values and identities may be realised as fundamental rights and, consequently, protected. It examines the values, identities and rights of the UK constitution – which is highly dynamic and political in nature – and of constitutions more generally. The text comprises three parts. The first part examines the continuing, expanding executive dominance of Parliament and the constitution in a changing political and constitutional landscape. The second part looks at the relationship among constitutional values, principles and rights and at the constitutional ...
Less-Lethal Weapons under International Law
The first monograph analysing all legal regimes applicable to the use of less-lethal weapons.
Z. Angl. Am
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Negotiating Development in Muslim Societies
Through networking and globalized modes of interaction and communication, women's organizations in Muslim countries negotiate global development concepts such as human rights and gender equality, thereby differentiating and reconstructing local visions of muslim society and po...
Hugh Henry Brackenridge
Richter und Romancier, Politiker und Dichter, Journalist und Anwalt der Aufständischen - Hugh Henry Brackenridge ist eine der exzentrischsten Figuren der amerikanischen Gründerzeit; eine Persönlichkeit, die die hohen poli-tischen und intellektuellen Aspirationen der Epoche in sich vereint. Seine Komplexität und scheinbare Widersprüchlichkeit; seine eigenwillige Selbstpositionierung im Spannungsfeld von traditionellem Republikanismus, naturrechtlichem Liberalismus und Schottischer Aufklärung verblüfft und provoziert Literatur- und Rechtshistoriker bis heute. Dabei wurden die Konflikte und kreativen Impulse, die sich daraus ergaben, dass der Autor von Modern Chivalry neben seiner schrif...
