Suchergebnisse

What does it mean to say that the European Union has a constitution—theoretically, but more importantly, practically? What sort of possibilities such assertion opens for various actors—politicians, legal professionals, or the general public? And what is the role of constitutional thinkers in establishing constitutional discourse as the dominant way in which European law is (or was) conceived after 1989? This volume seeks to answer such questions, with a special emphasis on the last one. 'European Constitutional Imaginaries' are the central focus of the book. These are sets of ideas and beliefs that help to motivate and at the same time justify the practice of government and collective self-rule established by the constitution (written or unwritten). Such imaginaries are as important as institutions and office-holders. They provide political action with an overarching sense and purpose recognized by those governed as legitimate. The book brings together reflections by lawyers, philosophers, sociologists, or political economists, who shed light on various constitutional imaginaries of Europe. They provide critical intellectual histories of particular legal approaches to European integration, and look behind the language of law to reach deeper insights into the contested history and political economy of Europe. They ask us to think about European law differently.

'EU Citizenship Law' analyses the legal framework and legal development of EU Citizenship and its relationship to other rights protected by EU law. By examining the complex legal status of Union citizenship, this book reflects on the wider economic, political, social, and emotional contexts that both complicate and inform EU membership.

Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence due to armed conflict, human rights violations, and natural or man-made disasters, but who have not crossed an international border. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law.

"The fourth volume of the Max Planck Handbooks in European Public Law series compares European constitutional jurisdiction in the perspective of the European legal space. It examines the structures of the organization, the appointment of judges, the procedures and the methods of argumentation and interpretation, their impact on state and society, their legitimacy or their role in the division of powers, and thus completes the picture following the country reports in Volume III. This comparative perspective is supplemented by an examination that illustrates the relationship to the ECJ, the ECtHR and the Venice Commission as well as their (constitutional) function. Finally, the volume is devoted to the challenges currently facing constitutional jurisdiction in the European Legal Space. The historical, political, and theoretical foundations as well as the basic doctrinal features of constitutional jurisdiction are presented in such a way that the discussion about its role and further development in this legal space is sustainably stimulated"--

Spanning from the 14th century to the present day, 'The Legal Concept of Work' explores how the role of law and legal concepts, comes to consider some forms of human labour as work, and some forms of human labour as non-work, and why perceptions of these activities change over time.

'The Rights of Indians and Tribes' explains Federal Indian Law in a conversational manner, yet is highly authoritative, containing over 2000 footnotes with citations to relevant court decisions, statutes, and agency regulations. It is user-friendly and particularly helpful for tribal advocates, students, government officials, lawyers, and members of the general public. The book uses a question-and-answer format and covers every important subject impacting Indians and tribes today and discusses which governments - tribal, state, and federal - have authority on Indian reservations.

For the past several centuries of Anglo-American legal thought, law has been paradigmatically understood as the product of the state. The state, operating through the legal and political institutions of its government, imposes law on the people who are its subjects. Over the same centuries, however, the development of international law and constitutional law has made the state itself subject to law. Bu assimilating constitutional and international law as parallel projects of imposing law upon the state, and by highlighting the peculiarities of the state as a subject of law, this book aspires to close that gap.

Offers a rich analysis of the meaning of 'data subjects' and 'vulnerability' within the context of the General Data Protection Regulation. It seeks to reconceptualise data subjects' vulnerability in the digital age and to promote a 'vulnerability-aware' interpretation of the GDPR.

This text shows how public reason is both central and useful for thinking about legitimacy in constitutional law and theory. It helps academics to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world and in the supranational sphere.