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This book, containing research on transnational impacts on law from
a South African and German perspective, is the culmination of
collaboration between the University of Augsburg and the University
of Johannesburg over the past decade. Topics of high current
interest are introduced by South African scholars and responded to
by their German counterparts, which leads to a deeper understanding
of open legal questions in both legal systems.
This work, part of the Augsburger Rechtsstudien 88 series, contains
research results on questions concerning the effects of legality
maxims and the regulation of power in various legal fields from a
South African and German perspective, which were developed in
cooperation of the Universities of Augsburg and Johannesburg.
Current topics are introduced by scientists from Germany and then
reflected by South African colleagues. This leads to a better
understanding of unresolved legal issues of both legal systems.
It is said that at the start of the 21st century a certain
indifference and lethargy characterise many European states. This
is supposedly attributable partly to the peace and affluence
secured within the EC, but otherwise to doubts regarding the ways
towards and objectives of further European integration. The
emphasis on national identity on the one hand and hopes for a
'united states of Europe' on the other is an insurmountable paradox
which produces its own dynamic. It seems almost impossible to
reconcile these opposing concepts in a way which will find
acceptance among the majority of the people. The concern of this
book is to re-establish the European idea and to show that the EU
member states can build upon common elements to create a European
identity so as to work together and complete the tasks which
confront them all. This book indicates the initial components of a
European concept of legislation and judicial interpretation,
required if European integration is to develop into a force for
positive change. Together with increased transparency and further
democratisation, a method of European legislation and judicial
interpretation is essential for the legitimacy and persuasiveness
of law. Only such a law will be truly accepted by the citizens of
Europe and can be the motor of a strengthened sense of shared
community, the basis for a European identity.
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