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ENGLISH

The Limits Of Positive Obligations In Human Rights Law - From Protection To Coercion

~~128,43€~~ 115,59€ 10% OFF

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 Examines the limits of positive obligations in human rights law.
ENGLISH

Populism And Courts In An Age Of Constitutional Impatience - Judges Vs The People

by Raphael (University Of Exeter, Uk) Girard

~~121,67€~~ 109,50€ 10% OFF

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 Addresses one of the most pressing issues of our time: the rise of populism and its legal-institutional implications, particularly for courts.
ENGLISH

Constitutional Courts And Judicial Review - Between Law And Politics

by Professor Dr Dieter (Wissenschaftskolleg Zu Berlin, Germany) Grimm

~~67,58€~~ 60,82€ 10% OFF

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 A collection of essays from Dieter Grimm, Germanyâ€™s most renowned constitutional scholar, shining a light on the jurisprudence of the German Constitutional Court.
The Distorting Lens Of Convergent Constitutional Theory

by Professor Peter (University Of Cambridge, Uk) Cane

~~108,15€~~ 97,34€ 10% OFF

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 Challenges the near-universal acceptance of a US-style Western constitutional paradigm as the best basis for comparative constitutional studies
ENGLISH

Constitutional Courts And Judicial Review - Between Law And Politics

by Dieter Grimm

~~59,61€~~ 53,65€ 10% OFF

 A collection of essays from Dieter Grimm, Germanyâ€™s most renowned constitutional scholar, shining a light on the jurisprudence of the German Constitutional Court.
ENGLISH

Constitutional Courts And Judicial Review - Between Law And Politics

by Dieter Grimm

~~59,61€~~ 53,65€ 10% OFF

 A collection of essays from Dieter Grimm, Germanyâ€™s most renowned constitutional scholar, shining a light on the jurisprudence of the German Constitutional Court.
ENGLISH

Essays On Freedom And Proportionality

~~121,67€~~ 109,50€ 10% OFF

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 Explores the connection between proportionality and the moral concept of freedom from a variety of philosophical perspectives.
ENGLISH

Constitutional Courts And Judicial Review - Between Law And Politics

by Professor Dr Dieter (Wissenschaftskolleg Zu Berlin, Germany) Grimm

~~135,19€~~ 121,67€ 10% OFF

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 A collection of essays from Dieter Grimm, Germanyâ€™s most renowned constitutional scholar, shining a light on the jurisprudence of the German Constitutional Court.
ENGLISH

Equality Before The Law - Equal Dignity, Wrongful Discrimination, And The Rule Of Law

by Michael P Foran

~~51,26€~~ 46,13€ 10% OFF

 This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project. At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law. This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself. In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality - manifest in a commitment to collective flourishing - without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution.
ENGLISH

Equality Before The Law - Equal Dignity, Wrongful Discrimination, And The Rule Of Law

by Michael P Foran

~~51,26€~~ 46,13€ 10% OFF

 This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project. At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law. This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself. In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality - manifest in a commitment to collective flourishing - without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution.
ENGLISH

Constitutionally Conforming Interpretation Comparative Perspectives - Volume 1: National Reports

89,42€ + 10% CARD

 This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice. Together with volume 2, which explores the canon''s use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.
ENGLISH

Constitutionally Conforming Interpretation Comparative Perspectives - Volume 1: National Reports

89,42€ + 10% CARD

 This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice. Together with volume 2, which explores the canon''s use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.
ENGLISH

Judicial Avoidance - Balancing Competences In Constitutional Adjudication

by Carolina Alves Das Chagas

51,26€ + 10% CARD

 This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments and deferential approaches regarding the decision of another authority and examines legitimacy issues involving judicial avoidance. The reader is presented with answers to two fundamental questions that guide the development of the book: - Is it legitimate to practise judicial avoidance? - How could judicial avoidance be practised legitimately? The conflict of competences, which often emerges in instances of judicial avoidance, is an important book baseline. From this conflict, the book considers and defends the possibility of applying ''formal balancing'' to provide a clearer structure of the exercise of justiciability and judicial deference. The ''formal balancing'' methodology is based on Alexy''s principles theory, and its connection with judicial avoidance represents a significant contribution and novel point in constitutional adjudication.
ENGLISH

Judicial Avoidance - Balancing Competences In Constitutional Adjudication

by Carolina Alves Das Chagas

51,26€ + 10% CARD

 This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments and deferential approaches regarding the decision of another authority and examines legitimacy issues involving judicial avoidance. The reader is presented with answers to two fundamental questions that guide the development of the book: - Is it legitimate to practise judicial avoidance? - How could judicial avoidance be practised legitimately? The conflict of competences, which often emerges in instances of judicial avoidance, is an important book baseline. From this conflict, the book considers and defends the possibility of applying ''formal balancing'' to provide a clearer structure of the exercise of justiciability and judicial deference. The ''formal balancing'' methodology is based on Alexy''s principles theory, and its connection with judicial avoidance represents a significant contribution and novel point in constitutional adjudication.
ENGLISH

The Methodology Of Constitutional Theory

67,58€ + 10% CARD

free shipping

 This important new collection looks at the challenges currently faced by UK constitutional law, with insights from history, sociology, political theory and philosophy.
ENGLISH

Proportionality And Facts In Constitutional Adjudication

by Anne (University Of Adelaide, Australia) Carter

59,47€ + 10% CARD

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 This book uses rich proportionality jurisprudence from Australia, Germany, Canada, and South Africa to investigate the role of facts in constitutional adjudication.
ENGLISH

Constitutionalist Approach To The European Convention On Human Rights - The Legitimacy Of Evolutive And Static Interpretation

by Lisa Sonnleitner

52,46€ + 10% CARD

 This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR''s constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.
ENGLISH

Constitutionalist Approach To The European Convention On Human Rights - The Legitimacy Of Evolutive And Static Interpretation

by Lisa Sonnleitner

52,46€ + 10% CARD

 This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR''s constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.
ENGLISH

Proportionality And Facts In Constitutional Adjudication

by Anne Carter

52,46€ + 10% CARD

 This book uses rich proportionality jurisprudence from Australia, Germany, Canada, and South Africa to investigate the role of facts in constitutional adjudication.
ENGLISH

Proportionality And Facts In Constitutional Adjudication

by Anne Carter

52,46€ + 10% CARD

 This book uses rich proportionality jurisprudence from Australia, Germany, Canada, and South Africa to investigate the role of facts in constitutional adjudication.
ENGLISH

Methodology Of Constitutional Theory

59,61€ + 10% CARD

 This important new collection looks at the challenges currently faced by UK constitutional law, with insights from history, sociology, political theory and philosophy.
ENGLISH

Methodology Of Constitutional Theory

59,61€ + 10% CARD

 This important new collection looks at the challenges currently faced by UK constitutional law, with insights from history, sociology, political theory and philosophy.
ENGLISH

The Methodology Of Constitutional Theory

148,71€ + 10% CARD

free shipping

 This important new collection looks at the challenges currently faced by UK constitutional law, with insights from history, sociology, political theory and philosophy.
ENGLISH

Proportionality And Facts In Constitutional Adjudication

by Anne (University Of Adelaide, Australia) Carter

128,43€ + 10% CARD

free shipping

 This book uses rich proportionality jurisprudence from Australia, Germany, Canada, and South Africa to investigate the role of facts in constitutional adjudication.
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