The Rebirth of Democracy


Book Description

The former Yugoslav Republic of Macedonia.




Comparative Law


Book Description

Uwe Kischel's comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and takes a practical perspective on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France, and extended to Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), different contexts in Asia, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.




Common European Legal Thinking


Book Description

Common European Legal Thinking emanates from the existence of a shared European legal culture as especially reflected in the existence of a common European constitutional law. It denotes a body of individual constitutional principles – written and unwritten – that represent the common heritage of the constitutions of the Member States. Taking into account the two major European organisations, the Council of Europe and especially the European Union, the essays of this Festschrift discuss a range of constitutional principles, including the rule of law, democracy, and the exercise of political power in a multilevel system which recognises fundamental rights as directly applicable and supreme law. Other essays examine the value of pluralism, the commitment of private organisations to uphold public values, principles or rules, and the objectives and methods of a transnational science of administrative law. These articles highlight the fact that the Ius Publicum Europaeum Commune is “politically” in the making, which can often be seen in the shape of general legal principles. The publication recognises the role of Albrecht Weber as a forerunner of Common European Legal Thinking.




The Administrative State


Book Description

This is the first volume of The Max Planck Handbooks of European Public Law. Volume I: The Administrative State frames the administrative regimes of Europe in a comparative perspective, analysing the evolution of state and administration of major European jurisdictions, and examining issues that cut across national boundaries.




The Max Planck Handbooks in European Public Law: Volume I: The Administrative State


Book Description

The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.




Varieties of Transition


Book Description

The nine essays in this volume explore such topics as the characteristics and shortcomings of state socialist societies and of democratic capitalism, the role of ethnic politics in East European transitions, issues of retribution and restitution in the transition to a democratic society based on a private economy, and the effects the collapse of Communism have had on Western democracies and on the Left in particular.




The Corrigible and the Incorrigible


Book Description

The Corrigible and the Incorrigible explores the surprising history of efforts aimed at rehabilitating convicts in 20th-century Germany, efforts founded not out of an unbridled optimism about the capacity of people to change, but arising from a chronic anxiety about the potential threats posed by others. Since the 1970s, criminal justice systems on both sides of the Atlantic have increasingly emphasized security, surveillance, and atonement, an approach that contrasts with earlier efforts aimed at scientifically understanding, therapeutically correcting, and socially reintegrating convicts. And while a distinction is often drawn between American and European ways of punishment, the contrast reinforces the longstanding impression that modern punishment has played out as a choice between punitive retribution and correctional rehabilitation. Focusing on developments in Nazi, East, and West Germany, The Corrigible and the Incorrigible shows that rehabilitation was considered an extension of, rather than a counterweight to, the hardline emphasis on punishment and security by providing the means to divide those incarcerated into those capable of reform and the irredeemable.




Bibliographie Mensuelle


Book Description




Transition to Democracy


Book Description

The disintegration of the former Union of the Soviet Socialist Republics (USSR) created in its wake a group of twelve countries now referred to as the Commonwealth of Independent States (CIS). This book brings together the constitutions of these twelve members of the CIS & includes Mongolia, because of its former close ties with the USSR. From a historical & political point of view, these texts are of interest within the context of their recent history & their concern to strengthen existing national sentiment within countries which are often not homogeneous nations. This volume, with an introduction by Professor Florence Benoit-Rohmer, is enriched by detailed chronologies of the events which led to the adoption of these constitutions & gives material for reflection on the meaning of democracy.