Suchergebnisse

Making human rights intelligible : an introduction to a sociology of human rights /Mikael Rask Madsen and Gert Verschraegen --State building, constitutional rights and the social construction of norms : outline for a sociology of constitutions /Chris Thornhill --Differentiation and inclusion : a neglected sociological approach to fundamental rights /Gert Verschraegen --Beyond prescription : toward a reflexive sociology of human rights /Mikael Rask Madsen --Human rights between brute fact and articulated aspiration /Paul Stenner --International human rights versus democracy promotion : on two different meanings of human rights in US foreign policy /Nicolas Guilhot --Towards a socio-legal analysis of the European Convention on Human Rights /Steven Greer --In defence of societies /Judith Blau and Alberto Moncada --From citizenship to human rights to human rights education /Francisco O. Ramirez and Rennie Moon --(Human) rights and solidarity : restructuring the national welfare space /Frederik Thuesen --Adapting locally to international health and human rights standards : an alternative theoretical framework for progressive realisation /Lesley A. Jacobs --"Legal form" and the purchase of human rights discourse in domestic policy-making : the achievement of same-sex marriage in Canada /Luke McNamara --Activating the law : exploring the legal responses of NGOs to gross rights violations /Loveday Hodson --The complexities of human rights implementation within the Costa Rican police system /Quirine Eijkman.

This book argues that European Union institutional mechanics and the EU as a political unit cannot be properly understood without taking into account the elites that make the policy decisions. Spurred by globalisation, technological and economic development has provided the backbone for social and political transformations that have changed the social structures that unite and differentiate individuals and groups in Europe and their interface with extra-European actors. These developments are not only exemplified by the rise of the EU, but also by the rise of a set of transnational Eu.

With globalization and Europeanization, profound changes have taken place in the composition and structure of elites. Once solidly tied to the nation state, elites have, following processes of differentiation and specialization, become more transnational than ever before. Their development has been conditioned by the evolving relationship between international, transnational, and national powers. In the European context, key institutional players today include the European Commission, the European Ombudsman and the European Court of Justice as aspiring representatives of the general European interest and the Council of Ministers and member states as representing national interests in the EU. Their relationship and changing interfaces are crucial when assessing the development of non-elected political elites as well as more generally the rise of an institutionalized and integrated Europe. ; peerReviewed

"Law and the Formation of Modern Europe explores processes of legal construction in both the national and supranational domains, and it provides an overview of the modern European legal order. In its supranational focus, it examines the sociological pressures which have given rise to European public law, the national origins of key transnational legal institutions and the elite motivations driving the formation of European law. In its national focus, it addresses legal questions and problems which have assumed importance in parallel fashion in different national societies, and which have shaped European law more indirectly. Examples of this are the post-1914 transformation of classical private law, the rise of corporatism, the legal response to the post-1945 legacy of authoritarianism, the emergence of human rights law and the growth of judicial review. This two-level sociological approach to European law results in unique insights into the dynamics of national and supranational legal formation"--

This article examines the political and legal processes through which human rights and migration law have become confounded – what we in this article more generally refer to as regime entanglement. Regime entanglement implies that different areas of law not only interact but are more fundamentally entwined and mutually impacted. Human rights and migration have historically had distinct trajectories in European law and politics, but the recent coupling of the two, we argue, have transformed both. Migration law has gained legal momentum and judicial empowerment from increasingly engaging human rights law and institutions; human rights law has gained legitimacy for its universalist aspirations by developing, albeit slowly, a jurisprudence on non-nationals' rights. Yet, the coupling has also been politically contentious – at times even explosive – which has in turn challenged both fields of law. Although this entanglement is a general European development, the article applies a more situated approach, using Denmark as a case for understanding how these two legal regimes have been implemented and interacted in national law and politics.

"Mainstream legal scholarship on the European Community (EC) and the European Union (EU) has long been dominated by meta-narratives and grand theories to explain European legal integration as a necessary, if not self-evident, process toward ever greater integration. The directional pull of these functional narratives, whether termed as Europeanization, federalization, or constitutionalization, is one towards an ever-closer Union, thereby replicating the original teleology of the Rome Treaty (1957). Although there are theoretical differences among these explanations, notably between intergovernmental and neo-functionalist narratives, most scholars agree that one particular institutional actor has played an outsized role: the European Court of Justice (ECJ), now the Court of Justice of the EU (CJEU) since the Lisbon Treaty (2009) that includes the Court of Justice, the General Court. For the same reasons, the CJEU has become a coveted object of inquiry for studies of European integration and governance. We have for years learned about its role in constitutionalizing Europe, establishing the supremacy of European law, creating a system of supranational governance, and the new types of litigation and mobilization spurred by the ECJ"--

International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional and international politics. Examining global and regional bodies, this volume investigates how political and social contexts shape the authority of international courts.

'International Court Authority' challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional and international politics. Examining global and regional bodies, this volume investigates how political and social contexts shape the authority of international courts.