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标签档案: AUTORES

European Constitutions Compared

9781509931545

This book is a comprehensive study of the institutional setting of European Constitutions and provides a systematic study of the constitutional principles and organisation of state powers. The following issues are addressed: Terminology; Notion and Functions of Constitution; Sources of Constitutional Law; Constituent and Amending Power; Protecting the Constitution; Directive Principles; Fundamental Constitutional Principles; Division of Powers; Division of Functions; Parliament; Head of State; Government and Administration; The Judicial Power.

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Perpetrators of International Crimes

9780198829997

Tackles the dominant themes in the emergent field of perpetrator studies Examines prominent case studies ranging from Nazi Germany, to Rwanda, Sir Lanka and the Islamic state through an inter-disciplinary lens Critically reflects on the current state of scholarship drawing out key research on theories, methods, and evidence

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The European Union and Deprivation of Liberty – Leandro Mancano

9781509908080

The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders. The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order.

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The Idea of International Human Rights Law

9780198749844

International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains 'human rights' by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.

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Feminist Dialogues on International Law

9780199685103

In the past decade, a sense of feminist 'success' has developed within the United Nations and international law, recognized in the Security Council resolution 1325 on women, peace and security, the increased jurisprudence on gender based crimes in armed conflict from the ICTR/Y and the ICC, the creation of UN Women, and Security Council sanctions against perpetrators of sexual violence in armed conflict. Contributing to the development of feminist and gender scholarship on international law, Gina Heathcote provides a feminist analysis of the central pillars of international law, noting the advances and limitations of feminist approaches. Through incorporating into mainstream international legal studies specific critical and feminist narratives, this book considers the manner in which feminist thinking has changed international law, and the manner in which international law has remained impervious to key feminist dialogues. It argues for a return to structural bias feminism that engages the foundations of international law and uses gender as a method for challenging post-millennium narratives on fragmentation, the role of international institutions, the nature of legal authority, sovereignty, and the role of international legal experts.

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