This book focuses on the rise of transnational constitutional laws, primarily created by the interaction between national and international courts, and by the domestic transformation of international law. Through detailed analysis of patterns of institutional formation at key historical junctures in a number of national societies, it examines the social processes that have locked national state…
A public option is a government-provided social good that exists alongside a similar privately provided good. While the public option is typically identified with health care policy, public options have been a longstanding feature of American life in a variety of sectors, ranging from libraries to swimming pools. Public schools, for example, coexist alongside private schools. However, there is …
How does protest become criminalised? Applying an anthropological perspective to political and legal conflicts, Carolijn Terwindt urges us to critically question the underlying interests and logic of prosecuting protesters. The book draws upon ethnographic research in Chile, Spain, and the United States to trace prosecutorial narratives in three protracted contentious episodes in liberal democr…
The book is an in-depth study of the origins and the trajectories of the law governing social policies in Brazil, China, India, and South Africa, four middle-income countries in the global South with a history in social policy making that starts in the 1920s. The policies of these countries affect almost half of the world’s population. The book takes the legal framework of the policies as a s…
New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and…
This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law;…
What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? This open access book traces the promise and paradox of the American rule of law in three interwoven ways. It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals …
Written from a comparative perspective, this book offers an authoritative English-language introduction to the key features of French administrative law and institutions. Using a systematic approach and with a variety of illustrative case study, this is a valuable resource for any student or researcher with an interest in French law. Ditulis dari perspektif komparatif, buku ini menawarkan pe…
Examining the legal effects of EU concluded treaties, this book provides an analysis of this increasingly important and rapidly growing area of EU law. The EU has concluded more than 1,000 treaties including recently its first human rights treaty (the UN Rights of Persons with Disability Convention). These agreements are regularly invoked in litigation in the Courts of the member states and bef…
Buku dua jilid ini, yang diterbitkan dengan akses terbuka, menyatukan para sarjana hukum tata negara terkemuka dari dua puluh sembilan negara Eropa untuk meninjau kembali peran konstitusi nasional pada saat pengambilan keputusan semakin bergeser ke tingkat Eropa dan transnasional. Ini menawarkan wawasan penting ke dalam tiga bidang. Pertama, mengeksplorasi bagaimana konstitusi mencerminkan tran…