With the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens' initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states. Chapters explore and lay the scientific basis for answering crucial questions such as 'Where should the legal limits of direct democracy be drawn?' and 'Who should review compliance with these limits?' Providing a comparative analysis of the different issues in the selected countries, the book draws out key similarities and differences, as well as an assessment of the law and the practice at national levels when judged against the international standards contained in the Venice Commission's Guidelines on the Holding of Referendums. Presenting an up-to-date analysis of the relationship between popular sovereignty and the rule of law, The Legal Limits of Direct Democracy will be a key resource for scholars and students in comparative and constitutional law and political science. It will also be beneficial to policy-makers and practitioners in parliaments, governments and election commissions, and experts working for international organisations.

This book examines the evolution of European-American relations with the Middle East since 1945. Placing the current transatlantic debates on the Middle East into a broader context, this work analyses how, why, and to what extent European and US roles, interests, threat perceptions, and policy attitudes in the region have changed, relating to both the region as a whole and the two main issues analysed: Gulf Security and the Arab-Israeli Conflict. The contributors then go on to discuss the implications of these developments for Western policymaking. The volume makes four key contributions. First, it examines the subject matter from a truly transatlantic perspective, with all chapters adopting a bi- or multilateral approach, taking into account the views from both the US and individual European countries or the EC/EU collectively. Second, the book takes a long-term view, covering a series of crises and developments over the past six decades. Third, it has a systematic structure, with the predominantly chronological order of the chapters being geared towards depicting trends and evolutions with regard to the key themes of the book. Finally, the book builds bridges between historians and political scientists/analysts, as well as between experts of transatlantic relations and Middle East scholars. This book will be of great interest to students of transatlantic relations, the Middle East, US foreign policy, European politics, international history and IR in general. Daniel Moeckli is a Senior Researcher at the Center for Security Studies (CSS), ETH Zurich. He is also the editor of CSS Analyses in Security Policy. Victor Mauer is Deputy Director and Head of Research of the Center for Security Studies (CSS), ETH Zurich, and Lecturer in the Department of Social Sciences and Humanities at ETH Zurich.

In the post-September 11th era, liberal democracies face the question of whether, and if so to what extent, they should change the relationship between liberty and security. This book explores how three major liberal democratic states - the United States, the United Kingdom and Germany - have approached this challenge by analyzing the human rights impacts of their anti-terrorism laws and practices. The analysis reveals that the most far-reaching restrictions of liberty have been imposed on minorities: foreign nationals and certain 'racial', ethnic and religious groups.
Disparate treatment raises complex issues concerning the human right to non-discrimination. Differential treatment on the basis of nationality, national origin, 'race' or religion is only compatible with the right to non-discrimination if there are objective and reasonable grounds for it.The author evaluates contemporary anti-terrorism efforts for their compliance with this requirement. Is there, in the context of the current 'war on terror', sufficient justification for applying powers of preventive detention or trial by special tribunal only to foreign nationals? Are law enforcement methods or immigration policies that single out people for special scrutiny based on their national origin, or their ethnic or religious appearance a suitable and proportionate means of countering terrorism? The concluding part of the book argues that, in the long term, discriminatory anti-terrorism measures will have impacts beyond their original scope and fundamentally reshape ordinary legal regimes and law enforcement methods.

This book examines the evolution of European-American relations with the Middle East since 1945. Placing the current transatlantic debates on the Middle East into a broader context, this work analyses how, why, and to what extent European and US roles, interests, threat perceptions, and policy attitudes in the region have changed, relating to both the region as a whole and the two main issues analysed: Gulf Security and the Arab-Israeli Conflict. The contributors then go on to discuss the implications of these developments for Western policymaking. The volume makes four key contributions. First, it examines the subject matter from a truly transatlantic perspective, with all chapters adopting a bi- or multilateral approach, taking into account the views from both the US and individual European countries or the EC/EU collectively. Second, the book takes a long-term view, covering a series of crises and developments over the past six decades. Third, it has a systematic structure, with the predominantly chronological order of the chapters being geared towards depicting trends and evolutions with regard to the key themes of the book. Finally, the book builds bridges between historians and political scientists/analysts, as well as between experts of transatlantic relations and Middle East scholars. This book will be of great interest to students of transatlantic relations, the Middle East, US foreign policy, European politics, international history and IR in general. Daniel M ckli is a Senior Researcher at the Center for Security Studies (CSS), ETH Zurich. He is also the editor of CSS Analyses in Security Policy. Victor Mauer is Deputy Director and Head of Research of the Center for Security Studies (CSS), ETH Zurich, and Lecturer in the Department of Social Sciences and Humanities at ETH Zurich

Hardly known twenty years ago, exclusion from public space has today become a standard tool of state intervention. Every year, tens of thousands of homeless individuals, drug addicts, teenagers, protesters and others are banned from parts of public space. The rise of exclusion measures is characteristic of two broader developments that have profoundly transformed public space in recent years: the privatisation of public space, and its increased control in the 'security society'. Despite the fundamental problems it raises, exclusion from public space has received hardly any attention from legal scholars. This book addresses this gap and comprehensively explores the implications that this new form of intervention has for the constitutional essentials of liberal democracy: the rule of law, fundamental rights, and democracy. To do so, it analyses legal developments in three liberal democracies that have been at the forefront of promoting exclusion measures: the United Kingdom, the United States, and Switzerland.

Hardly known twenty years ago, exclusion from public space has today become a standard tool of state intervention. Every year, tens of thousands of homeless individuals, drug addicts, teenagers, protesters and others are banned from parts of public space. The rise of exclusion measures is characteristic of two broader developments that have profoundly transformed public space in recent years: the privatisation of public space, and its increased control in the 'security society'. Despite the fundamental problems it raises, exclusion from public space has received hardly any attention from legal scholars. This book addresses this gap and comprehensively explores the implications that this new form of intervention has for the constitutional essentials of liberal democracy: the rule of law, fundamental rights, and democracy. To do so, it analyses legal developments in three liberal democracies that have been at the forefront of promoting exclusion measures: the United Kingdom, the United States, and Switzerland.

Half a century ago, on 16 December 1966, the UN General Assembly adopted the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). While the adoption of the two UN human rights covenants was celebrated all over the world, their 50th anniversary has received very little attention from the international community. The present book marks this anniversary by taking stock of the first half-century of the existence of what are probably the world's two most important human rights treaties. It does so by reflecting on what the covenants have achieved (or failed to achieve) in the years that have passed, by determining and comparing their current influence in the various regions of the world, and by assessing their potential roles in the future. The book contains papers that were presented during a symposium held in Zurich in 2016, which brought together experts and stakeholders from a range of disciplines and world regions. Some fundamental issues that are addressed by the contributors are as old as the two covenants themselves. They concern, for example, the division of human rights into first- and second-generation rights, and the question of whether there should be one central monitoring body - possibly a world court - or more than just one. However, the contributors go beyond such questions that have been explored before; they develop new answers to old questions and point to new challenges.