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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
In this incisive and thought-provoking book, Francois Venter
illuminates the issues arising from the fact that the current
language of constitutional law is strongly premised on a particular
worldview rooted in the history of the states around the North
Atlantic Ocean. Highlighting how this terminological hegemony is
being challenged from various directions, Venter explores the
problem that all constitutional comparatists face: that they all
must use the same words to express different meanings. Offering a
compact but comprehensive constitutional history, Venter
investigates the ways in which the standard vocabulary does not fit
comfortably in many contemporary constitutional orders, as well as
examining how its cogency is increasingly being questioned.
Chapters contextualize comparative constitutional methods to
demonstrate how the language choices made by comparatists are
shaped by their own perspectives, arguing that careful explanation
of the meanings attached to constitutional terms is imperative in
order to be persuasive or even understood. Tackling the
foundational elements of the field, this book will be a critical
read for constitutional scholars across the globe. It will also be
of interest to high-level practitioners of constitutional law and
political scientists for its investigation of terminology that is
crucial to their work.
As the bicentenary of the Conseil d'Etat approaches, this new
edition of the leading English-language text provides a detailed
profile of the Conseil and offers an up-to-date overview of le
droit administratif, which is regarded, alongside the Code
Napoleon, as the most notable achievement of French legal science.
The Conseil d'Etat is taken as a model for many administrative
systems in Europe and beyond, and it continues to exercise a strong
influence upon the emerging democracies of Eastern Europe and the
Third World. The eleven expanded appendices, including statistics,
model pleadings and other illustrations, provide an invaluable and
accessible source of information on the French administrative
courts, their procedure and case-load. Throughout the approach is
comparative, with frequent references to developments in United
Kingdom administrative law and in the EC institutions. The book
will be an invaluable guide to all students of French law and
comparative public law.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences and law,
expertly written by the world's leading scholars. Designed to be
accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. This thought-provoking introduction provides an incisive
overview of dignity law, a field of law emerging in every region of
the globe that touches all significant aspects of the human
experience. Through an examination of the burgeoning case law in
this area, James R. May and Erin Daly reveal a strong overlapping
consensus surrounding the meaning of human dignity as a legal right
and a fundamental value of nations large and small, and how this
global jurisprudence is redefining the relationship between
individuals and the state. Key features include: Analyses of cases
from a range of jurisdictions all over the world A history of the
shift of the concept of dignity from a philosophical idea to a
legally enforceable right Discussion of dignity as a value and a
right in different major legal contexts, and its roots in African,
Asian, European and Islamic traditions. This Advanced Introduction
will be invaluable to scholars and students of law, particularly
those interested in human rights, looking to understand this
emerging area of law. It will inform lawyers, judges, policymakers
and other advocates interested in how dignity and the law can be
used to protect everyone, including the most vulnerable among us.
Storable votes are a simple voting scheme that allows the minority
to win occasionally, while treating every voter equally. Because
the minority wins only when it cares strongly about a decision
while the majority does not, minority victories occur without large
costs and indeed typically with gains for the community as a whole.
The idea is simple: consider a group of voters faced with a series
of proposals, each of which can either pass or fail. Decisions are
taken according to the majority of votes cast, but each voter is
endowed with a total budget of votes to spend freely over the
multiple decisions. Because voters will choose to cast more votes
on decisions that matter to them most, they reveal the intensity of
their preferences, and increase their probability of winning
exactly when it matters to them most. Thus storable votes elicit
and reward voters' intensity of preferences without the need for
any external knowledge of voters' preferences. By treating everyone
equally and ruling out interpersonal vote trades, they are in line
with common ethical priors and are robust to criticisms, both
normative and positive, that affect vote markets. The book
complements the theoretical discussion with several experiments,
showing that the promise of the idea is borne out by the data: the
outcomes of the experiments and the payoffs realized match very
closely the predictions of the theory. Because the intuition behind
the voting scheme is so simple: "vote more when you care more," the
results are robust across different scenarios, even when more
subtle strategic effects are not identified by the subjects,
suggesting that the voting scheme may have real potential for
practical applications.
Alessandra Casella has used the tools of economics to develop this
idea both theoretically and experimentally in major economics
journals, but this is the first book-length treatment of the
subject.
This thought-provoking book addresses the legal questions raised by
the nexus between the rule of law and areas of limited statehood,
in which the State lacks the ability to exercise the full depth of
its governmental authority. Working from an international law
perspective, it examines the implications of limited statehood for
the traditional State-based framing of the international legal
order. Featuring original contributions written by renowned
international scholars, chapters investigate key issues arising at
the junction between domestic and international rule of law and
areas of limited statehood, as well as the alternative modes of
governance that develop therein, both with and without the approval
of the State. Contributors discuss the impact of contested
sovereignty on the rule of law, international responsibility with
regard to rebel governance in these areas, and the consequences of
limited statehood for international peace and security. This book
will be useful for students and scholars of international law and
international relations, particularly those working on sovereignty
and statehood, non-state actors, State responsibility, and the rule
of law. It will also appeal to practitioners and policy-makers
working in these same fields in either State or global governance
apparatus.
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