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A Case of Multidirectional Constitutional Transplant in the EU: Infra-state Law and Regionalism

Joxerramon Bengoetxea

in The Coherence of EU Law: The Search for Unity in Divergent Concepts

This chapter examines how a constitutional feature of some Member States — infra-state regionalism — penetrates the EU administrative and constitutional ethos at a point which is quite unexpected: ... More

This chapter examines how a constitutional feature of some Member States — infra-state regionalism — penetrates the EU administrative and constitutional ethos at a point which is quite unexpected: the sacrosanct principle that the Member States are the building blocks of the EU. The approach hinges on the formal rights of states under international or supra-national organization law and on States' discretion, meaning the constitutional autonomy to organize themselves internally as they see fit. These two principles bring unity or at least give an appearance of unity into the system — a unity without uniformity or a unity which consists in not looking into the internal structure of the Member States.Less

The Creation of an Infrastructure for Conservative Legal Advocacy

in Lawyers of the Right: Professionalizing the Conservative Coalition

This chapter focuses on the evolution of “conservative public interest law.” It considers how conservative law organizations articulated and institutionalized ideas about law and policy that had not ... More

This chapter focuses on the evolution of “conservative public interest law.” It considers how conservative law organizations articulated and institutionalized ideas about law and policy that had not previously prevailed and gave lawyers prominent roles in framing, promoting, and implementing those positions. That process did not unfold smoothly. It began with a set of organizations that were parochial, unsophisticated, and largely ineffectual—no match for the liberal public interest groups they sought to check. Since then, however, lawyers have established a more professional and effective set of institutions targeting all policy-making arenas. They have developed a dynamic and influential network of advocates committed to moving law and policy to the right. These lawyer organizations and networks play powerful roles in setting and implementing American public policy.Less

In the Absence of Religious Freedom

Jolyon Baraka Thomas

in Faking Liberties: Religious Freedom in American-Occupied Japan

While postwar scholars have described the 1939 Religious Organizations Law as the death knell for religious freedom in Japan, contemporaneous accounts by both Japanese and non-Japanese parties ... More

While postwar scholars have described the 1939 Religious Organizations Law as the death knell for religious freedom in Japan, contemporaneous accounts by both Japanese and non-Japanese parties suggest that the story is more complicated. Some prominent Buddhist leaders who opposed the law, such as Chikazumi Jōkan, did so because they found its egalitarian premises problematic, not because they thought it was particularly draconian. Meanwhile, Buddhist proponents of the law, such as former priest and government bureaucrat Andō Masazumi, suggested that the law worked to protect religious freedoms, not infringe upon them. Finally, Buddhists who were imprisoned by the Special Higher Police, such as Sōka Kyōiku Gakkai leader Makiguchi Tsunesaburō, apparently had little use for the constitutional religious freedom guarantee. Juxtaposing interpretations of religious freedom advanced by these three lay, laicized, or lay-leaning Buddhist leaders between 1925 and 1945, this chapter challenges the intertwined presuppositions that political resistance to comprehensive religions legislation was necessarily liberal, that complicity with state initiatives was inherently illiberal, and that religious leaders' deaths in police custody made them martyrs for religious freedom. It also shows that American diplomats and journalists stationed in Tokyo regarded the 1939 Religious Organizations Law as unproblematic on religious freedom grounds.Less

‘Drawing Near the Fastness?’:The Failed US Experiment in Unincorporated Business Entity Reform

ALLAN WALKER VESTAL

in The Governance of Close Corporations and Partnerships: US and European Perspectives

This chapter focuses on the accomplishments of the decade-long reform of unincorporated law. It identifies three essential features involved in the US experience. It argues that norm entrepreneurs ... More

This chapter focuses on the accomplishments of the decade-long reform of unincorporated law. It identifies three essential features involved in the US experience. It argues that norm entrepreneurs proceeded without a coherent, underlying theory to guide their experimentation. They acted because it was in their power to do so and not because of any consensus-based justifications.Less

Useful Buddhism, 1868–1945

Christopher Ives

in Imperial-Way Zen: Ichikawa Hakugen's Critique and Lingering Questions for Buddhist Ethics

This chapter provides an overview of the actions and ideology that characterized Imperial-Way Buddhism from the Meiji Restoration up to 1945. During these years, Japanese religious history is divided ... More

This chapter provides an overview of the actions and ideology that characterized Imperial-Way Buddhism from the Meiji Restoration up to 1945. During these years, Japanese religious history is divided into five periods. The first (1868–1872) featured the advocacy of the “unity of rites and rule” (saisei itchi) and the separation of Shinto and Buddhism. In the second period (1872–1877), the Ministry of Religion and the Great Teaching Promulgation Campaign attempted to consolidate Shinto and Buddhism. During the third period (1877–1912), government officials cemented the power of the imperial system and State Shinto. The fourth period (1912–1935) saw how the state pressured authorized religions to foster “Japanese spirit,” cultivate Imperial-Way Buddhism, and pacify colonized areas. Finally, the fifth period (1937–1945) centered on the system established by the Religious Organizations Law and the full mobilization of religions.Less

Criminality and war

Cerwyn Moore

in Contemporary Violence: Postmodern War in Kosovo and Chechnya

This chapter introduces the themes of criminality and criminalisation. It first studies the various Chechnya groups from 1996 to early 1998, and then examines the evolving dynamics of Russian law ... More

This chapter introduces the themes of criminality and criminalisation. It first studies the various Chechnya groups from 1996 to early 1998, and then examines the evolving dynamics of Russian law enforcement and the combination of Russian law enforcement organisations that are involved in the second conflict that occurred in 1999. It also discusses the emergence of the KLA from the 1980s to the 1990s, the issue of multiple allegiances, and the bridging of the earlier work on stories of war and peace.Less

Comment and Analysis: Some Selected Aspects of the Relationship Between World Trade Organization Law and General Public International Law

Brett Williams, Sophie Crowe, Odette Murray, and Weihuan Zhou

in The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I

This chapter considers some aspects of the relationship between World Trade Organization law and general public international law. It will consider matters arising in WTO jurisprudence impacting on ... More

This chapter considers some aspects of the relationship between World Trade Organization law and general public international law. It will consider matters arising in WTO jurisprudence impacting on the relationship between WTO law and general public international law. This chapter considers, first, the broad issue of whether WTO law is separate from or part of public international law. Second, it considers the nature of remedies in the WTO legal system making a contrast with the law of countermeasures. Third, it considers three aspects of the law of treaty interpretation under specific provisions of the Vienna Convention on the Law of Treaties: the use of extraneous instruments as treaty context under Article 31(2), the meaning of rules of international law under Article 31(3), and the use of travaux preparatoire under Article 32.Less