Alicia Hinarejos
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199569960
- eISBN:
- 9780191721977
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199569960.001.0001
- Subject:
- Law, EU Law
The EU's activity under its intergovernmental pillars — The Common Foreign and Security Policy and Justice and Home Affairs — has traditionally been beyond the scope of judicial control offered by ...
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The EU's activity under its intergovernmental pillars — The Common Foreign and Security Policy and Justice and Home Affairs — has traditionally been beyond the scope of judicial control offered by the central EC legal system. The increasing importance of this activity, and its growing intrusion into the lives of individuals, has led to a sense that the level of judicial oversight and protection is insufficient and that the constitutional balance of the Union stands in urgent need of reform. While the need for reform is widely recognised, wholesale constitutional change has been stalled by the failure to ratify the Constitutional Treaty and the delay in ratifying the Treaty of Lisbon. This book charts the attempts to develop more satisfactory judicial control over the intergovernmental pillars in the face of such constitutional inertia. It examines the leading role played by the European Court of Justice in reforming its own jurisdiction, and analyses the ECJ's development as a constitutional court in comparison with more established constitutional adjudicators. Throughout the book the current constitutional position is compared extensively to the reforms introduced by the Treaty of Lisbon, offering a timely snapshot of the EU's federal structure in a state of flux.Less
The EU's activity under its intergovernmental pillars — The Common Foreign and Security Policy and Justice and Home Affairs — has traditionally been beyond the scope of judicial control offered by the central EC legal system. The increasing importance of this activity, and its growing intrusion into the lives of individuals, has led to a sense that the level of judicial oversight and protection is insufficient and that the constitutional balance of the Union stands in urgent need of reform. While the need for reform is widely recognised, wholesale constitutional change has been stalled by the failure to ratify the Constitutional Treaty and the delay in ratifying the Treaty of Lisbon. This book charts the attempts to develop more satisfactory judicial control over the intergovernmental pillars in the face of such constitutional inertia. It examines the leading role played by the European Court of Justice in reforming its own jurisdiction, and analyses the ECJ's development as a constitutional court in comparison with more established constitutional adjudicators. Throughout the book the current constitutional position is compared extensively to the reforms introduced by the Treaty of Lisbon, offering a timely snapshot of the EU's federal structure in a state of flux.
Paul Fabian Mullen
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297574
- eISBN:
- 9780191598982
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297572.003.0013
- Subject:
- Political Science, European Union
This chapter examines the impact of EU enlargement on the Translation Services of the Court of Justice of the European Communities. The Translation Service is already struggling with stagnating ...
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This chapter examines the impact of EU enlargement on the Translation Services of the Court of Justice of the European Communities. The Translation Service is already struggling with stagnating resources and an ever-increasing workload. Eastward enlargement will not only amplify existing problems, but create new ones.Less
This chapter examines the impact of EU enlargement on the Translation Services of the Court of Justice of the European Communities. The Translation Service is already struggling with stagnating resources and an ever-increasing workload. Eastward enlargement will not only amplify existing problems, but create new ones.
Norman Wirzba
- Published in print:
- 2003
- Published Online:
- January 2005
- ISBN:
- 9780195157161
- eISBN:
- 9780199835270
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195157168.001.0001
- Subject:
- Religion, History of Christianity
Jewish and Christian doctrines of creation, when interpreted as accounts of the moral and spiritual character of the world rather than simply its origin, hold the key to addressing a variety of ...
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Jewish and Christian doctrines of creation, when interpreted as accounts of the moral and spiritual character of the world rather than simply its origin, hold the key to addressing a variety of contemporary environmental concerns. They do so by showing how our identities as creatures lead to vocations that promote the care, peace, and celebration of creation. This account is developed through a sustained conversation with contemporary ecological science and agrarian thought. This book develops why the idea of creation has fallen upon hard times in modernity, and how something like a culture of creation might be envisioned that would pair ecologically informed theology with a variety of cultural concerns like education, economics, work, food, design, and built environments. This new interpretation of creation offers the possibility for a culture of justice and peace for humans and non-humans alike.Less
Jewish and Christian doctrines of creation, when interpreted as accounts of the moral and spiritual character of the world rather than simply its origin, hold the key to addressing a variety of contemporary environmental concerns. They do so by showing how our identities as creatures lead to vocations that promote the care, peace, and celebration of creation. This account is developed through a sustained conversation with contemporary ecological science and agrarian thought. This book develops why the idea of creation has fallen upon hard times in modernity, and how something like a culture of creation might be envisioned that would pair ecologically informed theology with a variety of cultural concerns like education, economics, work, food, design, and built environments. This new interpretation of creation offers the possibility for a culture of justice and peace for humans and non-humans alike.
Alan M. Dershowitz
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195158076
- eISBN:
- 9780199869848
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195158075.003.0005
- Subject:
- Political Science, American Politics
Aims to demonstrate that, during the (Bush vs Gore) US presidential election of 2000, by any reasonable standard of evaluation, the majority justices of the US Supreme Court failed to test the US ...
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Aims to demonstrate that, during the (Bush vs Gore) US presidential election of 2000, by any reasonable standard of evaluation, the majority justices of the US Supreme Court failed to test the US constitutional system in ways that it had never been tested before, and did so not because of incompetence, but because of malice aforethought. Contrasts the prior decisions and writings of the particular majority justices with the opinions that they joined in this case; the dramatic discrepancies found raise troubling questions. Moves from this concrete evidence to a more speculative consideration of what may have motivated these inconsistencies. The different sections of the chapter look first at the decisions of Justice Antonin Scalia, Justice Sandra Day O’Connor, Justice Anthony Kennedy, Chief Justice William H. Rehnquist, and Justice Clarence Thomas. The following speculative sections first ask generally why each justice behaved as they did, and then go on to devote separate sections on the motives of each of the five justices.Less
Aims to demonstrate that, during the (Bush vs Gore) US presidential election of 2000, by any reasonable standard of evaluation, the majority justices of the US Supreme Court failed to test the US constitutional system in ways that it had never been tested before, and did so not because of incompetence, but because of malice aforethought. Contrasts the prior decisions and writings of the particular majority justices with the opinions that they joined in this case; the dramatic discrepancies found raise troubling questions. Moves from this concrete evidence to a more speculative consideration of what may have motivated these inconsistencies. The different sections of the chapter look first at the decisions of Justice Antonin Scalia, Justice Sandra Day O’Connor, Justice Anthony Kennedy, Chief Justice William H. Rehnquist, and Justice Clarence Thomas. The following speculative sections first ask generally why each justice behaved as they did, and then go on to devote separate sections on the motives of each of the five justices.
Hiroshi Oda
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199232185
- eISBN:
- 9780191705335
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232185.001.1
- Subject:
- Law, Comparative Law
This text contains the latest edition of this book. It covers the basis of the Japanese legal system, the civil code, business related laws, and other laws including criminal law and procedure, and ...
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This text contains the latest edition of this book. It covers the basis of the Japanese legal system, the civil code, business related laws, and other laws including criminal law and procedure, and foreign relations law. Since the last edition, Japanese law has undergone major reform all of which is reflected in the new text. In particular, the new edition covers the new company law and the Financial Products Trading Law, both of which have been completely overhauled. After the ‘lost decade’ following the collapse of the ‘bubble economy’ in 1990, Japan has gone through a major reform — deregulation or ‘regulatory reform’. Accordingly, major changes took place in almost every area of law. There was a large-scale ‘Justice System Reform’ which encompassed various changes in the court system, the introduction of lay assessors in the criminal procedure, a new law school system, etc. Company law, which was embodied in the Commercial Code, was completely overhauled under a different concept and became a separate law — the Company Law of 2005. Securities and Exchange Law was replaced by the Financial Instruments and Exchange Law in 2006. Even the Civil Code, which had remained more or less unchanged (except for family and succession) since the late 19th century, has gone through significant changes. Certainly there are many positive results coming out of these reforms, but also there have been some doubtful changes. Thee outcome of the reforms of the past decade is yet to be assessed. These changes and their impact are covered in this book.Less
This text contains the latest edition of this book. It covers the basis of the Japanese legal system, the civil code, business related laws, and other laws including criminal law and procedure, and foreign relations law. Since the last edition, Japanese law has undergone major reform all of which is reflected in the new text. In particular, the new edition covers the new company law and the Financial Products Trading Law, both of which have been completely overhauled. After the ‘lost decade’ following the collapse of the ‘bubble economy’ in 1990, Japan has gone through a major reform — deregulation or ‘regulatory reform’. Accordingly, major changes took place in almost every area of law. There was a large-scale ‘Justice System Reform’ which encompassed various changes in the court system, the introduction of lay assessors in the criminal procedure, a new law school system, etc. Company law, which was embodied in the Commercial Code, was completely overhauled under a different concept and became a separate law — the Company Law of 2005. Securities and Exchange Law was replaced by the Financial Instruments and Exchange Law in 2006. Even the Civil Code, which had remained more or less unchanged (except for family and succession) since the late 19th century, has gone through significant changes. Certainly there are many positive results coming out of these reforms, but also there have been some doubtful changes. Thee outcome of the reforms of the past decade is yet to be assessed. These changes and their impact are covered in this book.
Menno T. Kamminga and Martin Scheinin (eds)
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199565221
- eISBN:
- 9780191705281
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199565221.001.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and ...
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Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and international criminal law) increasingly challenges the basic tenets of general international law. In order to become accepted as the law of the world community, general international law needs to reflect better the values and interests of a wider range of actors, including the individual. This book examines the impact of international human rights law on general international law. It considers areas including the structure of international obligations, the formation of customary international law, treaty law, immunities, state responsibility, and diplomatic protection. The book traces the extent to which concepts emanating from international human rights law are being incorporated by the guardians of traditional international law: the International Court of Justice and the International Law Commission.Less
Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and international criminal law) increasingly challenges the basic tenets of general international law. In order to become accepted as the law of the world community, general international law needs to reflect better the values and interests of a wider range of actors, including the individual. This book examines the impact of international human rights law on general international law. It considers areas including the structure of international obligations, the formation of customary international law, treaty law, immunities, state responsibility, and diplomatic protection. The book traces the extent to which concepts emanating from international human rights law are being incorporated by the guardians of traditional international law: the International Court of Justice and the International Law Commission.
Sydney D. Bailey and Sam Daws
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198280736
- eISBN:
- 9780191598746
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280734.001.0001
- Subject:
- Political Science, International Relations and Politics
The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for over twenty years. This new revised and ...
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The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for over twenty years. This new revised and thoroughly updated third edition encompasses the many changes in Council procedure that have occurred since the end of the Cold War, which ushered in new possibilities for international co‐operation, and increased recourse to the UN. The last decade has seen the Gulf War and a plethora of new and often complex peacekeeping operations, from Bosnia to Rwanda, and such increased demands and associated expectations have placed a spotlight on the role and functioning of the Security Council. Recent years have seen a greater recourse to informal consultations of Council members prior to Council meetings, and the search for consensual Council decision‐making has led to differences of opinion on both procedural and substantive matters being dealt with largely during such consultations. This has produced calls from non‐members for greater Council transparency. Other proposals, both from within and outside the UN, have advocated reforms to the Council's composition or working methods to ensure its continued effectiveness and legitimacy. The new edition attempts to reflect the many recent developments in the procedure of the Security Council, while still reflecting the considerable continuity that exists with the past. In particular, to illustrate and illuminate aspects of Council procedure, many examples have been used from the UN's early years, since this was the time when many of the original precedents were created. Some of the anecdotes that touch on the human side of Council diplomacy have also been retained. The new edition includes new information on the following: the Provisional Rules of Procedure; public and private meetings; consultations and briefings with non‐members and troop‐contributors, including transparency, Presidential briefings, and orientation debates; informal consultations and ‘Arria formula’ meetings; the appointment of the Secretary‐General of the UN; relationships with the UN General Assembly, the UN International Court of Justice, the UN Trusteeship Council, and the UN Military Staff Committee; subsidiary organs, including sanctions committees; the veto and Security Council membership; Chapter VII resolutions, UN peacekeeping and UN‐authorized enforcement; Council enlargement and de jure and de facto Charter amendments; changes in Council documentation; and ad hoc and regional groupings in the Council.Less
The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for over twenty years. This new revised and thoroughly updated third edition encompasses the many changes in Council procedure that have occurred since the end of the Cold War, which ushered in new possibilities for international co‐operation, and increased recourse to the UN. The last decade has seen the Gulf War and a plethora of new and often complex peacekeeping operations, from Bosnia to Rwanda, and such increased demands and associated expectations have placed a spotlight on the role and functioning of the Security Council. Recent years have seen a greater recourse to informal consultations of Council members prior to Council meetings, and the search for consensual Council decision‐making has led to differences of opinion on both procedural and substantive matters being dealt with largely during such consultations. This has produced calls from non‐members for greater Council transparency. Other proposals, both from within and outside the UN, have advocated reforms to the Council's composition or working methods to ensure its continued effectiveness and legitimacy. The new edition attempts to reflect the many recent developments in the procedure of the Security Council, while still reflecting the considerable continuity that exists with the past. In particular, to illustrate and illuminate aspects of Council procedure, many examples have been used from the UN's early years, since this was the time when many of the original precedents were created. Some of the anecdotes that touch on the human side of Council diplomacy have also been retained. The new edition includes new information on the following: the Provisional Rules of Procedure; public and private meetings; consultations and briefings with non‐members and troop‐contributors, including transparency, Presidential briefings, and orientation debates; informal consultations and ‘Arria formula’ meetings; the appointment of the Secretary‐General of the UN; relationships with the UN General Assembly, the UN International Court of Justice, the UN Trusteeship Council, and the UN Military Staff Committee; subsidiary organs, including sanctions committees; the veto and Security Council membership; Chapter VII resolutions, UN peacekeeping and UN‐authorized enforcement; Council enlargement and de jure and de facto Charter amendments; changes in Council documentation; and ad hoc and regional groupings in the Council.
George P. Fletcher
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195156287
- eISBN:
- 9780199872169
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195156285.003.0009
- Subject:
- Political Science, American Politics
This chapter asserts that the U.S. traces the principle of equality to the idea that human beings were created in God's image, and discusses the evolution of the doctrine of equal protection via ...
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This chapter asserts that the U.S. traces the principle of equality to the idea that human beings were created in God's image, and discusses the evolution of the doctrine of equal protection via Supreme Court opinions as various as Chief Justice Roger Taney's in Dred Scott, and the oft‐cited Yick Wo. The author also discusses, at length, Justice John Paul Stevens’ gradual shift from an advocate of equality as status quo to equality as an active, “hands‐on” principle, as in the case of affirmative action.Less
This chapter asserts that the U.S. traces the principle of equality to the idea that human beings were created in God's image, and discusses the evolution of the doctrine of equal protection via Supreme Court opinions as various as Chief Justice Roger Taney's in Dred Scott, and the oft‐cited Yick Wo. The author also discusses, at length, Justice John Paul Stevens’ gradual shift from an advocate of equality as status quo to equality as an active, “hands‐on” principle, as in the case of affirmative action.
Avi Max Spiegel
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691159843
- eISBN:
- 9781400866434
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691159843.003.0003
- Subject:
- Society and Culture, Middle Eastern Studies
This chapter seeks to understand how Islamist movements have evolved over time, and, in the process, provide important background on the political and religious contexts of the movements in question. ...
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This chapter seeks to understand how Islamist movements have evolved over time, and, in the process, provide important background on the political and religious contexts of the movements in question. In particular, it shows that Islamist movements coevolve. Focusing on the histories of Morocco's two main Islamist movements—the Justice and Spirituality Organization, or Al Adl wal Ihsan (Al Adl) and the Party of Justice and Development (PJD)—it suggests that their evolutions can only be fully appreciated if they are relayed in unison. These movements mirror one another depending on the competitive context, sometimes reflecting, sometimes refracting, sometimes borrowing, sometimes adapting or even reorganizing in order to keep up with the other.Less
This chapter seeks to understand how Islamist movements have evolved over time, and, in the process, provide important background on the political and religious contexts of the movements in question. In particular, it shows that Islamist movements coevolve. Focusing on the histories of Morocco's two main Islamist movements—the Justice and Spirituality Organization, or Al Adl wal Ihsan (Al Adl) and the Party of Justice and Development (PJD)—it suggests that their evolutions can only be fully appreciated if they are relayed in unison. These movements mirror one another depending on the competitive context, sometimes reflecting, sometimes refracting, sometimes borrowing, sometimes adapting or even reorganizing in order to keep up with the other.
Ted Gest
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195103434
- eISBN:
- 9780199833887
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195103432.003.0006
- Subject:
- Political Science, American Politics
Violent crime is committed disproportionately by young men, but government never has conducted a coherent, aggressive campaign against serious juvenile delinquency. The fragmentation has been evident ...
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Violent crime is committed disproportionately by young men, but government never has conducted a coherent, aggressive campaign against serious juvenile delinquency. The fragmentation has been evident since the late 1960s, when federal authority was divided between health and justice agencies. A 1974 law created a federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) to take charge. The law set progressive standards, but the administration of Ronald Reagan tried to kill the agency in the early 1980s and downgraded it after Congress refused to end funding. The Reagan Justice Department did forge an alliance with the MacArthur Foundation to start a long‐term study of juvenile crime's causes. Meanwhile, a steady increase in arrests of juveniles prompted to require that more teen suspects be tried in adult courts, even when studies showed the tactic ineffective in preventing repeat criminality. Congressional Republicans helped enact a large “juvenile accountability” program designed to provide federal aid to programs that got tough on young lawbreakers. Some measures failed on a broad scale, such as ‘boot camps’ aimed at instilling more discipline in delinquents. Despite many promising crime prevention programs, the Congress under Republicans control starting in 1995 generally refused to fund them. Juvenile crime arrests declined sharply since the mid‐1990s, but there was no solid proof of what caused the change, whether government programs, the improved economy, or a lower number of teens in the population.Less
Violent crime is committed disproportionately by young men, but government never has conducted a coherent, aggressive campaign against serious juvenile delinquency. The fragmentation has been evident since the late 1960s, when federal authority was divided between health and justice agencies. A 1974 law created a federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) to take charge. The law set progressive standards, but the administration of Ronald Reagan tried to kill the agency in the early 1980s and downgraded it after Congress refused to end funding. The Reagan Justice Department did forge an alliance with the MacArthur Foundation to start a long‐term study of juvenile crime's causes. Meanwhile, a steady increase in arrests of juveniles prompted to require that more teen suspects be tried in adult courts, even when studies showed the tactic ineffective in preventing repeat criminality. Congressional Republicans helped enact a large “juvenile accountability” program designed to provide federal aid to programs that got tough on young lawbreakers. Some measures failed on a broad scale, such as ‘boot camps’ aimed at instilling more discipline in delinquents. Despite many promising crime prevention programs, the Congress under Republicans control starting in 1995 generally refused to fund them. Juvenile crime arrests declined sharply since the mid‐1990s, but there was no solid proof of what caused the change, whether government programs, the improved economy, or a lower number of teens in the population.
Pål Wennerås
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199229017
- eISBN:
- 9780191711268
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199229017.001.0001
- Subject:
- Law, EU Law, Environmental and Energy Law
It is widely accepted that the future development of environmental law depends not on further legislation, but on more effective enforcement. Within the EC legal system, the conventional view is that ...
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It is widely accepted that the future development of environmental law depends not on further legislation, but on more effective enforcement. Within the EC legal system, the conventional view is that the enforcement deficit is due to the fact that the environment is distinct from other fields of Community law. EC environmental law does not normally confer rights on individuals and may therefore not be judicially enforced in the same manner as rules concerning the internal market, competition and gender discrimination. This book explores and challenges this assumption. Drawing from constitutional aspects of EC law, the book examines to what extent the general case law on procedures and remedies may be transposed to the field of environment, whilst at the same time taking stock of the existing environmental case law and the distinctive features of environmental legislation. In a critical exposition and assessment of 50 years of jurisprudence by the European Court of Justice as well as recent legislative developments, the book explores the potential of enforcement of environmental law through lawsuits by individuals as well as the European Commission. By demonstrating that the environment is not so different from other fields of law in terms of rights and remedies, the book provides not only new insights to the enforcement of EC environmental law but also to the central characteristics of Community constitutional law.Less
It is widely accepted that the future development of environmental law depends not on further legislation, but on more effective enforcement. Within the EC legal system, the conventional view is that the enforcement deficit is due to the fact that the environment is distinct from other fields of Community law. EC environmental law does not normally confer rights on individuals and may therefore not be judicially enforced in the same manner as rules concerning the internal market, competition and gender discrimination. This book explores and challenges this assumption. Drawing from constitutional aspects of EC law, the book examines to what extent the general case law on procedures and remedies may be transposed to the field of environment, whilst at the same time taking stock of the existing environmental case law and the distinctive features of environmental legislation. In a critical exposition and assessment of 50 years of jurisprudence by the European Court of Justice as well as recent legislative developments, the book explores the potential of enforcement of environmental law through lawsuits by individuals as well as the European Commission. By demonstrating that the environment is not so different from other fields of law in terms of rights and remedies, the book provides not only new insights to the enforcement of EC environmental law but also to the central characteristics of Community constitutional law.
Noreen Burrows and Rosa Greaves
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199299003
- eISBN:
- 9780191715037
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199299003.001.0001
- Subject:
- Law, EU Law
The prominence of the Advocate General is one of the most distinctive and controversial features of the European Court of Justice. The Advocate General and EC Law is the first comprehensive study of ...
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The prominence of the Advocate General is one of the most distinctive and controversial features of the European Court of Justice. The Advocate General and EC Law is the first comprehensive study of the Advocate General and his role in the development of EC Law. In Part I, the book examines the history of the role, the questions over its future, and the role's importance in the procedures of the Court. In Part II, the book analyses the contribution of some of the most influential Advocates General to the development of specific aspects of Community law, including Francis Jacobs on intellectual property, Walter van Gerven on discrimination, and Jean Pierre Warner on competition procedure. In Part III, the book explores the contributions of a range of Advocates General to specific principles of Community Law, including state liability, direct effect, and the concept of citizenship. This book offers a unique perspective on politics of the European Court of Justice — one of the driving forces behind closer European integration.Less
The prominence of the Advocate General is one of the most distinctive and controversial features of the European Court of Justice. The Advocate General and EC Law is the first comprehensive study of the Advocate General and his role in the development of EC Law. In Part I, the book examines the history of the role, the questions over its future, and the role's importance in the procedures of the Court. In Part II, the book analyses the contribution of some of the most influential Advocates General to the development of specific aspects of Community law, including Francis Jacobs on intellectual property, Walter van Gerven on discrimination, and Jean Pierre Warner on competition procedure. In Part III, the book explores the contributions of a range of Advocates General to specific principles of Community Law, including state liability, direct effect, and the concept of citizenship. This book offers a unique perspective on politics of the European Court of Justice — one of the driving forces behind closer European integration.
Louis Fisher
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199217977
- eISBN:
- 9780191711541
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199217977.003.0002
- Subject:
- Political Science, American Politics
This chapter explores the constitutional source of ‘inherent powers’. Firstly it analyzes what is meant by express, implied, and emergency powers. Then it examines closely the 1936 Supreme Court ...
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This chapter explores the constitutional source of ‘inherent powers’. Firstly it analyzes what is meant by express, implied, and emergency powers. Then it examines closely the 1936 Supreme Court case, Curtiss-Wright, that is most often cited for supporting inherent and extra-constitutional powers for the president. The chapter then moves to discussing the use of inherent powers by President Harry Truman in 1952 to seize steel mills to prosecute the war in Korea, and the reliance on inherent powers by President George W. Bush to accomplish a range of war-related actions. Truman's initiative was repudiated by the Supreme Court in the Youngstown case, but the legal and political limits of Bush's actions are still being played out.Less
This chapter explores the constitutional source of ‘inherent powers’. Firstly it analyzes what is meant by express, implied, and emergency powers. Then it examines closely the 1936 Supreme Court case, Curtiss-Wright, that is most often cited for supporting inherent and extra-constitutional powers for the president. The chapter then moves to discussing the use of inherent powers by President Harry Truman in 1952 to seize steel mills to prosecute the war in Korea, and the reliance on inherent powers by President George W. Bush to accomplish a range of war-related actions. Truman's initiative was repudiated by the Supreme Court in the Youngstown case, but the legal and political limits of Bush's actions are still being played out.
Richard M. Pious
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199217977
- eISBN:
- 9780191711541
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199217977.003.0003
- Subject:
- Political Science, American Politics
This chapter focuses on the president's use of prerogative powers and the treatment of detainees in the war on terror. President Bush asserted his prerogative power in interpreting and reinterpreting ...
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This chapter focuses on the president's use of prerogative powers and the treatment of detainees in the war on terror. President Bush asserted his prerogative power in interpreting and reinterpreting conventions and customary international law obligations, and in interpreting the obligations of government officials to execute faithfully statute law, the Uniform Code of Military Justice, and various directives. It is argued that officials at the highest levels of government made decisions based on the constitutional authority of the president (as administration lawyers defined it) that left open the probability that detainees would be subjected to inhuman treatment and torture as defined by international law. The chapter explores why the issue of the treatment of prisoners has not risen to the level of an Iran-Contra affair and what the reaction tells us about the politics of prerogative power.Less
This chapter focuses on the president's use of prerogative powers and the treatment of detainees in the war on terror. President Bush asserted his prerogative power in interpreting and reinterpreting conventions and customary international law obligations, and in interpreting the obligations of government officials to execute faithfully statute law, the Uniform Code of Military Justice, and various directives. It is argued that officials at the highest levels of government made decisions based on the constitutional authority of the president (as administration lawyers defined it) that left open the probability that detainees would be subjected to inhuman treatment and torture as defined by international law. The chapter explores why the issue of the treatment of prisoners has not risen to the level of an Iran-Contra affair and what the reaction tells us about the politics of prerogative power.
Alec Stone Sweet
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199275533
- eISBN:
- 9780191602009
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019927553X.001.0001
- Subject:
- Political Science, European Union
The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to ...
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The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to ‘constitutionalize’ the Treaty of Rome. In this book, the author, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutional change in the European Union (EU) since 1959. He shows that the activities of market actors, lobbyists, legislators, litigators, and judges became connected to one another in various ways, giving the EU its fundamentally expansionary character. The first chapter, ‘The European Court and Integration’, provides an introduction to the book. The second, written with Thomas Brunell, assesses the impact of Europe's unique legal system on the evolution of supranational governance. The following three chapters trace the outcomes in three policy domains: free movement of goods (written with Margaret McCown), sex equality (written with Rachel Cichowski), and environmental protection (written with Markus Gehring). There is also a concluding chapter. The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the ‘judicialization’ of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the ‘rights revolution’ in the EU; delegation, agency, and trusteeship; balancing as a technique of judicial rulemaking and governance; and why national administration and justice have been steadily ‘Europeanized’.Less
The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to ‘constitutionalize’ the Treaty of Rome. In this book, the author, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutional change in the European Union (EU) since 1959. He shows that the activities of market actors, lobbyists, legislators, litigators, and judges became connected to one another in various ways, giving the EU its fundamentally expansionary character. The first chapter, ‘The European Court and Integration’, provides an introduction to the book. The second, written with Thomas Brunell, assesses the impact of Europe's unique legal system on the evolution of supranational governance. The following three chapters trace the outcomes in three policy domains: free movement of goods (written with Margaret McCown), sex equality (written with Rachel Cichowski), and environmental protection (written with Markus Gehring). There is also a concluding chapter. The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the ‘judicialization’ of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the ‘rights revolution’ in the EU; delegation, agency, and trusteeship; balancing as a technique of judicial rulemaking and governance; and why national administration and justice have been steadily ‘Europeanized’.
Andrew Kuper
- Published in print:
- 2004
- Published Online:
- November 2004
- ISBN:
- 9780199274901
- eISBN:
- 9780191601552
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199274908.001.0001
- Subject:
- Political Science, International Relations and Politics
Global organizations are exercising unprecedented power–from the hallowed halls of the UN to the closed boardrooms of multinational corporations. Yet their leaders are often scandalously ...
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Global organizations are exercising unprecedented power–from the hallowed halls of the UN to the closed boardrooms of multinational corporations. Yet their leaders are often scandalously unaccountable to the people they claim to serve. How can we ensure that global leaders act responsively, and effectively, in the interests of the world’s people? In this lucid and provocative book, Andrew Kuper develops persuasive and practical answers.Democracy Beyond Borders criticizes conventional theories of justice and democracy that focus almost exclusively on the state and its electoral cycles. Kuper shows how non-state actors, such as corporations and civil society advocates, can be brought into multi-level government as partners with states. He presents an original theory of representation to answer the problem of accountability. At the core of this vision is a new separation of powers, in which different global actors check and balance one another in a complex harmony. This innovative framework complements electoral accountability and enables Kuper to recommend far-reaching reforms to the World Courts, the UN, and advocacy agencies including Transparency International.Democracy Beyond Borders stands at the forefront of a new generation of political thought, for which globalization is the challenge and deepening democracy the solution.Less
Global organizations are exercising unprecedented power–from the hallowed halls of the UN to the closed boardrooms of multinational corporations. Yet their leaders are often scandalously unaccountable to the people they claim to serve. How can we ensure that global leaders act responsively, and effectively, in the interests of the world’s people? In this lucid and provocative book, Andrew Kuper develops persuasive and practical answers.Democracy Beyond Borders criticizes conventional theories of justice and democracy that focus almost exclusively on the state and its electoral cycles. Kuper shows how non-state actors, such as corporations and civil society advocates, can be brought into multi-level government as partners with states. He presents an original theory of representation to answer the problem of accountability. At the core of this vision is a new separation of powers, in which different global actors check and balance one another in a complex harmony. This innovative framework complements electoral accountability and enables Kuper to recommend far-reaching reforms to the World Courts, the UN, and advocacy agencies including Transparency International.Democracy Beyond Borders stands at the forefront of a new generation of political thought, for which globalization is the challenge and deepening democracy the solution.
Maurizio Ferrara
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199284665
- eISBN:
- 9780191603273
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199284660.003.0004
- Subject:
- Political Science, Political Economy
This chapter focuses on the Trente Glorieuses (1945-1975), and identifies the first seeds of spatial reconfiguration in the field of social protection: the appearance of new membership spaces (e.g. ...
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This chapter focuses on the Trente Glorieuses (1945-1975), and identifies the first seeds of spatial reconfiguration in the field of social protection: the appearance of new membership spaces (e.g. supplementary pension schemes), the creation of the European Communities, and the establishment of a coordination regime regulating the social entitlements of migrant workers within the EC. The chapter discusses the original division of labour between the market-making functions of the EC, and the redistributive functions left to the member states. It also reconstructs the emergence of a distinct EC “constitutional order” and its creeping implications for national social rights through legal integration.Less
This chapter focuses on the Trente Glorieuses (1945-1975), and identifies the first seeds of spatial reconfiguration in the field of social protection: the appearance of new membership spaces (e.g. supplementary pension schemes), the creation of the European Communities, and the establishment of a coordination regime regulating the social entitlements of migrant workers within the EC. The chapter discusses the original division of labour between the market-making functions of the EC, and the redistributive functions left to the member states. It also reconstructs the emergence of a distinct EC “constitutional order” and its creeping implications for national social rights through legal integration.
Jason Ralph
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199214310
- eISBN:
- 9780191706615
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214310.003.0003
- Subject:
- Political Science, International Relations and Politics
This chapter follows on from the previous by exploring how the pluralist – solidarist distinction at the heart of English School inquiry manifests itself in the question of whether states have a ...
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This chapter follows on from the previous by exploring how the pluralist – solidarist distinction at the heart of English School inquiry manifests itself in the question of whether states have a right and duty to extradite or prosecute individuals charged with crimes that offend humanity. By focusing on the Pinochet case before the House of Lords and the Arrest Warrant or Yerodia case before the International Court of Justice it demonstrates how the pluralist concern for order within and between states has restrained the solidarist enthusiasm for universal jurisdiction. The chapter includes a section on the politics of international criminal justice. This advances the argument that the US prefers to limit the decision to prosecute to states because its position of relative power means that it can more or less guarantee its interests and protect its personnel from international criminal accountability. This is illustrated by focusing on the US response to Belgian legislation that enabled its national courts to exercise universal jurisdiction.Less
This chapter follows on from the previous by exploring how the pluralist – solidarist distinction at the heart of English School inquiry manifests itself in the question of whether states have a right and duty to extradite or prosecute individuals charged with crimes that offend humanity. By focusing on the Pinochet case before the House of Lords and the Arrest Warrant or Yerodia case before the International Court of Justice it demonstrates how the pluralist concern for order within and between states has restrained the solidarist enthusiasm for universal jurisdiction. The chapter includes a section on the politics of international criminal justice. This advances the argument that the US prefers to limit the decision to prosecute to states because its position of relative power means that it can more or less guarantee its interests and protect its personnel from international criminal accountability. This is illustrated by focusing on the US response to Belgian legislation that enabled its national courts to exercise universal jurisdiction.
Alec Stone Sweet
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199275533
- eISBN:
- 9780191602009
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019927553X.003.0001
- Subject:
- Political Science, European Union
Provides an introduction to the book by explaining its origin, purpose, approach, and structure. The first section presents the generic question posed by the book: how is a particular mode of ...
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Provides an introduction to the book by explaining its origin, purpose, approach, and structure. The first section presents the generic question posed by the book: how is a particular mode of governance, the judicial mode, consolidated as a stable set of practices; it explains that the approach taken combines three strains of theory – theory on judicialization and governance, on the courts as commitment devices, and on the dynamics of judicial rulemaking and precedent. The second section, European Integration and the Legal System, indicates that the book expands on previous efforts to elaborate and test a theory of European integration, and shows that its primary focus is on the impact of adjudicating European Community law on the institutionalization of the European Union (EU), rather than on the impact of EU law on national legal systems. The third section, Determinants of Judicial Discretion in the EU, looks at the question of how the European Court has been able to have such an impact on the course of European integration and the work of the national courts. The fourth section, Precedent and the Path Dependence of Legal Institutions, focuses on why legal institutions tend to develop in path dependent ways; it begins by conceptualizing precedent, and then attempts to show how legal systems can develop in path dependent ways, and discusses how the book goes about analysing precedent in Europe. The last two sections look at the case selection and data used in the book and give a brief outline of its structure.Less
Provides an introduction to the book by explaining its origin, purpose, approach, and structure. The first section presents the generic question posed by the book: how is a particular mode of governance, the judicial mode, consolidated as a stable set of practices; it explains that the approach taken combines three strains of theory – theory on judicialization and governance, on the courts as commitment devices, and on the dynamics of judicial rulemaking and precedent. The second section, European Integration and the Legal System, indicates that the book expands on previous efforts to elaborate and test a theory of European integration, and shows that its primary focus is on the impact of adjudicating European Community law on the institutionalization of the European Union (EU), rather than on the impact of EU law on national legal systems. The third section, Determinants of Judicial Discretion in the EU, looks at the question of how the European Court has been able to have such an impact on the course of European integration and the work of the national courts. The fourth section, Precedent and the Path Dependence of Legal Institutions, focuses on why legal institutions tend to develop in path dependent ways; it begins by conceptualizing precedent, and then attempts to show how legal systems can develop in path dependent ways, and discusses how the book goes about analysing precedent in Europe. The last two sections look at the case selection and data used in the book and give a brief outline of its structure.
Alec Stone Sweet
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199275533
- eISBN:
- 9780191602009
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019927553X.003.0002
- Subject:
- Political Science, European Union
The evolution of the European Community (EC) towards a supranational constitution is charted by combining three different perspectives. First, an examination is made of the major features of the ...
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The evolution of the European Community (EC) towards a supranational constitution is charted by combining three different perspectives. First, an examination is made of the major features of the integration process since 1959, which argues that the European market and polity developed symbiotically, as the activities of economic actors, organized interests, litigators and judges, and the EC's legislative and regulatory organs became linked, to create a self‐sustaining, dynamic system. Second, the ‘constitutionalization’ of the treaty system is investigated, and the activities of the European Court of Justice (ECJ) surveyed; among other things, constitutionalization secured property rights for transnational market actors, expanded the discretionary powers of national judges, and reduced the EC's intergovernmental character. Third, the relationship between the ECJ and the national courts is considered, focusing on how intra‐judicial conflict and cooperation have shaped the production of specific constitutional doctrines; through these ‘constitutional dialogues’, the supremacy of EC law was gradually achieved, rendering it judicially enforceable. Overall, the chapter situates the development of the European legal system within the overall process of European integration.Less
The evolution of the European Community (EC) towards a supranational constitution is charted by combining three different perspectives. First, an examination is made of the major features of the integration process since 1959, which argues that the European market and polity developed symbiotically, as the activities of economic actors, organized interests, litigators and judges, and the EC's legislative and regulatory organs became linked, to create a self‐sustaining, dynamic system. Second, the ‘constitutionalization’ of the treaty system is investigated, and the activities of the European Court of Justice (ECJ) surveyed; among other things, constitutionalization secured property rights for transnational market actors, expanded the discretionary powers of national judges, and reduced the EC's intergovernmental character. Third, the relationship between the ECJ and the national courts is considered, focusing on how intra‐judicial conflict and cooperation have shaped the production of specific constitutional doctrines; through these ‘constitutional dialogues’, the supremacy of EC law was gradually achieved, rendering it judicially enforceable. Overall, the chapter situates the development of the European legal system within the overall process of European integration.
