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Global Canons in an Age of Contestation
Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are - or should be...
Religion, Rights and Secular Society
ÔReligion, Rights and Secular Society by Peter Cumper and Tom Lewis is a both timely and important publication. In a series of highly interesting and well-written essays Ð some of which are case studies covering many different European nations whereas others are more theoretical Ð the book looks at a key paradox in contemporary Europe: the relatively high levels of secularity in most European countries on the one hand, and the marked resurgence of religion in public debates on the other. While never pretending that there are ready answers to the problems of reconciling secular and religious values in Europe, the contributors make it quite clear that Europeans need to return to questions a...
Beyond Illiberalism
Arguing that there has never been a consensus on which rights all people are entitled, Beyond Illiberalism: Rights, Rhetoric, and Reality in a Pluralistic World traces how the concept of human rights is tied to a global project rooted in colonialism and grounded in nineteenth-century liberalism and post-World War II social democratic principles. This book contends that human rights are conceived, imagined, and promoted by dominant states, organizations, and activists within a specific liberal framework, and that, after more than 200 years, the dream of a universal history rooted in the worldview of G.W.F. Hegel has been displaced by the stuff of practical reality. Robert J. Shepherd shifts our attention to rights as a matter of human practice and emphasizes the importance of the actualization of rights within local contexts, demonstrating the spuriousness of categorizing governments as "liberal" or "illiberal" based on preconceived notions of what counts as legitimate rights. This book will appeal to scholars of anthropology, sociology, socio-legal studies, and cultural studies.
Political Parties and Democracy
Native scholars explore the relationship between political parties and democracy in regions around the world. The development of political parties over the past century is the story of three stages in the pursuit of power: liberation, democratization, and de-democratization. Political Parties and Democracy is comprised of five, stand-alone volumes that probe the realities of political parties at all three stages. In each volume, contributors explore the relationship between political parties and democracy (or democratization) in their nations, providing necessary historical, socioeconomic, and institutional context, as well as the details of contemporary political tensions. Contributors are distinguished indigenous scholars who have lived the truths they tell and are, thus, able to write with unique breadth, depth, and scope. They show the parties of their respective nations as they have developed through history and changing institutional structures, and they explain the balance of power among them—and between them and competing agencies of power—today.
Diversity and European Human Rights
A demonstration of how European Court of Human Rights judgments might better accommodate the concerns of minorities.
EU Fiscal Capacity
EU Fiscal Capacity: Legal Integration After Covid-19 and the War in Ukraine argues that the NGEU constiutes a profound overhaul in the EU architecture of economic governance. Moving away from the fiscal surveillance shown in response to the euro-crisis, the EU has adopted a strategy of fiscal federalism more akin to the United States.
From Rights to Remedies
From Rights to Remedies examines the mechanisms of how international human rights decisions are implemented at the national level. It analyzes the strategies and structuresincluding the executive branch, legislatures, and domestic courtsthat can promote or thwart implementation.
Law and Religion
In Law and Religion: National, International, and Comparative Law Perspectives, every chapter supports a broad and dynamic discussion of familiar issues by placing them in global context. Offering extensive international and comparative law materials, as well as Establishment Clause and Free Exercise cases, international experts Durham and Scharffs bring new vision and scope to the study of Law and Religion.
Constitutional Topography
This volume explores the potential locations of constitutional values, their relationship with the text of the constitution, their function in judicial reasoning, and their function beyond the confines of court proceedings. Covering a wide range of perspectives from lawyers (including judges, former advocates, and law professors) to philosophers and political scientists, who offer an interesting combination of methodologies and exploring numerous national and international contexts, this collection of essays provides further insight into the ongoing rich and intense interdisciplinary exchange on constitutional axiology. The first part of the book reflects on the fundamental premises of the relationship between constitutional text and judicial reasoning. The second part provides adjudication-oriented answers to the theoretical positions outlined. Contributions in the closing section tackle specific values and value arguments in constitutional adjudication across jurisdictions, focusing on particular problems, including the impact and indirect consequences of contestation over values in the judicial arena.
