By Jelena von Achenbach
Das Mitentscheidungsverfahren (Art. 294 AEUV) ist seit dem Vertrag von Lissabon das ordentliche Gesetzgebungsverfahren der Europäischen Union. Mit der Monographie wird die Co-Gesetzgeberschaft von Europäischem Parlament und Rat als Mittel der demokratischen Legitimation europäischer Gesetzgebung untersucht. Im Zentrum steht dabei eine demokratietheoretische Auseinandersetzung mit dem Modell der dualen demokratischen Legitimation europäischer Hoheitsgewalt, das mit artwork. 10 EUV nunmehr im Demokratieprinzip der Union verankert ist. Daneben steht eine empirisch gestützte Untersuchung der Praxis des Mitentscheidungsverfahrens, die sich insbesondere der zunehmenden Informalisierung des Gesetzgebungsprozesses („Triloge“) kritisch widmet.
By Verena Madner, Stefan Griller, Benjamin Kneihs, Michael Potacs
Den 70. Geburtstag von em. o. Univ.-Prof. Heinz Peter Rill nehmen seine Schüler und Kollegen zum Anlass, ihn mit dieser Festschrift zu ehren. Mit ihren Beiträgen bieten die Autoren aus Wissenschaft und Praxis nicht nur einen abwechslungsreichen methodischen Streifzug durch aktuelle Fragestellungen, sondern machen das Werk auch zu einem umfassenden Nachschlagewerk.
By William M. Leiter
Affirmative motion has been and is still the flashpoint of America’s civil rights time table. but whereas the affirmative motion literature is voluminous, no entire account of its significant criminal and public coverage dimensions exists. Samuel and William M. Leiter study the foundation and progress of affirmative motion, its influence on American society, its present nation, and its destiny anti-discrimination position, if any. expert through a number of various disciplines-law, background, economics, sociology, political technology, city reviews, and criminology-the textual content combines the correct criminal fabrics with research and statement from numerous specialists. This even-handed presentation of the topic of affirmative motion is certain to be a precious relief to these looking to comprehend the issue’s many complexities.
By Christopher Shortell
The perfect Court’s fresh spate of kingdom sovereign immunity rulings have safe states from court cases in keeping with federal laws as various as disabilities legislations, age discrimination, patent and trademark legislation, and exertions criteria. yet does the doctrine of kingdom sovereign immunity bring up country authority? Does it undermine federal antidiscrimination statutes? Is it a good capability to restore a stronger model of federalism, transferring the stability of energy towards states and clear of the government, and if this is the case, what are the prices and implications of such an method? This e-book explores those questions via enticing ancient case experiences and lines the effect of nation sovereign immunity on either plaintiffs and states. Demonstrating that the doctrine’s basic impression is felt so much keenly through the weakest and so much politically unpopular members, Christopher Shortell’s findings problem arguments from either proponents and rivals of country sovereign immunity.
By Eric A. Posner, Adrian Vermeule
Ever for the reason that Arthur M. Schlesinger Jr. used "imperial presidency" as a booklet name, the time period has develop into relevant to the controversy concerning the stability of energy within the U.S. govt. because the presidency of George W. Bush, whilst advocates of government strength akin to Dick Cheney won ascendancy, the argument has blazed warmer than ever. Many argue the structure itself is in grave threat. what's to be performed?
The solution, based on criminal students Eric Posner and Adrian Vermeule, is not anything. In The govt Unbound, they supply a bracing problem to standard knowledge, arguing robust presidency is inevitable within the smooth international. so much students, they notice, item to today's point of govt strength since it varies so dramatically from the imaginative and prescient of the framers of the structure. yet Posner and Vermeule locate fault with James Madison's premises. Like a fantastic industry, they write, Madison's separation of powers has no vital director, however it lacks the cost method which supplies an financial system its constitution; there's not anything in tests and balances that intrinsically generates order or promotes confident preparations. in truth, the higher complexity of the trendy international produces a focus of strength, relatively within the White condo. The authors chart the increase of govt authority, noting that between powerful presidents purely Nixon has are available in for critical feedback, resulting in laws which used to be designed to restrict the presidency, but which didn't achieve this. Political, cultural and social restraints, they argue, were more beneficial in fighting dictatorship than any legislation. The executive-centered kingdom has a tendency to generate political tests that replacement for the criminal assessments of the Madisonian structure.
Piety towards the founders and a old worry of tyranny were strong forces in American political considering. Posner and Vermeule confront them either during this startlingly unique contribution.
By David B. Lewis
This well timed and demanding publication assesses the effect of laws on public curiosity disclosures the world over, in addition to surroundings an schedule for destiny examine on whistleblowing. Combining either theoretical and useful equipment, this distinct e-book bargains a close exam of a few of the most important statutory provisions within the united kingdom and explores the best way courts have interpreted them. The professional participants evaluate the united kingdom version with the several techniques taken in Australia, the U.S. in addition to the remainder of Europe, and concentrate on the teachings that may be discovered from the present perform of whistleblowing. They review the contents and alertness of private reporting/whistleblowing approaches, and draw upon major empirical examine. This publication might be of serious curiosity to teachers, postgraduate scholars, practitioners and policymakers within the fields of employment legislation, human source administration, enterprise ethics and company governance.
By Austin Sarat
This quantity of "Studies in legislations, Politics, and Society" offers a different targeted factor "Constitutional Politics in a Conservative Era". This factor brings jointly the paintings of major students of Constitutionalism, Constitutional legislations, and politics within the usa to take inventory of the sphere to chart its development, and element the best way for its destiny improvement. a lot of ways americans have considered Constitutional legislations has, until eventually lately, been ruled via versions constructed through the Warren courtroom period. this day, despite the fact that, students search new ways, ways that don't take without any consideration liberal hegemony within the courts. between those, theories of renowned constitutionalism and judicial minimalism seem to be more and more well known. How may still students take into consideration American courts in an period of conservative domination of the judiciary? What should/will constitutional politics within the usa seem like over the subsequent decade?
By Clive H. Church
The ecu Union is now coming into an important part because the ratification method speeds up and key debates and referenda happen in latest and in all likelihood new member states.
The Union’s Constitutional treaty is frequently solid as both a blueprint for a centralized and protectionist super-state or because the triumph of Anglo-Saxon economics. but it's been little learn, quite within the uk. This e-book places this correct through publishing the total textual content of the an important first a part of the rfile and displaying that it doesn't justify both of the extraordinary interpretations imposed on it.
Written by way of specialists of the treaties, Understanding the ecu Constitution units the Constitutional Treaty in context, analyzing its major subject matters and content material and contemplating the consequences of any rejection. It does this in simple language and with assistance from explanatory tables and a thesaurus. those that desire to make a thought of verdict at the foundation of the proof will locate it necessary.
By John Witte Jr., Joel A. Nichols
"This re-creation of a vintage textbook presents a finished, interdisciplinary evaluate of the historical past, theology, and legislations of yankee spiritual liberty. The authors supply a balanced and available research of First modification circumstances and controversies, and examine them to either the unique teachings of the yankee founders and present overseas norms of non secular liberty"--
"This available creation tells the yankee tale of non secular liberty from its colonial beginnings to the newest ideally suited lawsuits. The authors supply large research of the formation of the 1st modification faith clauses and the believable unique rationale or knowing of the founders. They describe the iconic rules of yankee non secular freedom--liberty of sense of right and wrong, unfastened workout of faith, spiritual equality, spiritual pluralism, separation of church and country, and no institution of religion--as these rules have been built via the founders and utilized via the perfect court docket. Successive chapters study the 2 hundred plus ideal complaints on non secular freedom--on the unfastened workout of faith, the jobs of presidency and faith in schooling, where of faith in public lifestyles, and the interplay of non secular corporations and the kingdom. a last bankruptcy exhibits how favorably American non secular freedom compares with foreign human rights norms and eu court docket of Human Rights case legislations. Lucid, finished, multidisciplinary, and balanced, this quantity is a perfect school room textual content and armchair paperback. distinctive appendices provide drafts of every of the faith clauses debated in 1788 and 1789, a desk of all nation constitutional legislation on non secular freedom, and a precis of each ideally suited court docket case on non secular liberty from 1815 to 2015. during the quantity, the authors handle frankly and entirely the new button problems with our day: spiritual freedom as opposed to sexual liberty, freedom of judgment of right and wrong and its boundaries, spiritual team rights and the troubles approximately abuse, faith-based felony structures and their position in liberal democracies, and the clean upward push of anti-Semitism, Islamophobia, and anti-Christianity in the US and overseas. For this re-creation, the authors have up-to-date every one bankruptcy in mild of latest scholarship and new very best courtroom case legislation (through the 2015 time period) and feature further an appendix mapping a number of the innovative problems with non secular liberty and church-state relations"-- Read more...
summary: "This new version of a vintage textbook presents a entire, interdisciplinary evaluation of the background, theology, and legislations of yank non secular liberty. The authors supply a balanced and obtainable research of First modification instances and controversies, and examine them to either the unique teachings of the yankee founders and present foreign norms of spiritual liberty"--
"This obtainable creation tells the yank tale of non secular liberty from its colonial beginnings to the newest ideal lawsuits. The authors supply large research of the formation of the 1st modification faith clauses and the believable unique purpose or figuring out of the founders. They describe the iconic ideas of yank spiritual freedom--liberty of sense of right and wrong, unfastened workout of faith, spiritual equality, spiritual pluralism, separation of church and kingdom, and no institution of religion--as these ideas have been built by means of the founders and utilized by means of the best courtroom. Successive chapters learn the 2 hundred plus preferrred complaints on spiritual freedom--on the loose workout of faith, the jobs of presidency and faith in schooling, where of faith in public lifestyles, and the interplay of spiritual businesses and the kingdom. a last bankruptcy indicates how favorably American spiritual freedom compares with foreign human rights norms and ecu court docket of Human Rights case legislations. Lucid, entire, multidisciplinary, and balanced, this quantity is a perfect lecture room textual content and armchair paperback. specific appendices supply drafts of every of the faith clauses debated in 1788 and 1789, a desk of all nation constitutional legislation on non secular freedom, and a precis of each perfect courtroom case on non secular liberty from 1815 to 2015. during the quantity, the authors handle frankly and entirely the recent button problems with our day: non secular freedom as opposed to sexual liberty, freedom of judgment of right and wrong and its obstacles, spiritual workforce rights and the troubles approximately abuse, faith-based felony structures and their position in liberal democracies, and the clean upward thrust of anti-Semitism, Islamophobia, and anti-Christianity in the USA and out of the country. For this new version, the authors have up-to-date every one bankruptcy in mild of recent scholarship and new perfect court docket case legislations (through the 2015 time period) and feature additional an appendix mapping a number of the leading edge problems with non secular liberty and church-state kin"