A Cosmopolitan Legal Order
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Author | : Alec Stone Sweet |
Publisher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2018-05-01 |
Genre | : Law |
ISBN | : 0192559168 |
In this book, Alec Stone Sweet and Clare Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the European Court of Human Rights (ECtHR) and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.
Author | : Otfried Höffe |
Publisher | : Cambridge University Press |
Total Pages | : 16 |
Release | : 2006-02-13 |
Genre | : History |
ISBN | : 0521534089 |
Author | : Patricia Popelier |
Publisher | : |
Total Pages | : 0 |
Release | : 2011 |
Genre | : Human rights |
ISBN | : 9781780680101 |
Ensuring the protection of human rights in Europe has become a highly complex exercise. Where courts are faced with a human rights claim, they not only have to examine the validity of that claim, but they also need to have a clear understanding of the human rights catalogue that is to be applied (i.e. human rights as guaranteed by the national constitution, human rights as protected under EU law, based or not on the Charter, and human rights as identified in the European Convention of Human Rights). This book zooms in on various aspects of the interaction between courts in the complex European system of human rights protection. While other books take either a European or a national approach, this book studies both the co-existence between the European Court of Human Rights and the European Court of Justice, and the impact of this dual mechanism of European human rights protection on the protection offered within specific EU Member States. This makes the book valuable for academics and practitioners who specialize in fundamental rights, EU law, or constitutional law. (Series: Law and Cosmopolitan Values - Vol. 1)
Author | : Alec Stone Sweet |
Publisher | : Oxford University Press |
Total Pages | : 284 |
Release | : 2018-05-08 |
Genre | : Law |
ISBN | : 0192559176 |
In this book, Alec Stone Sweet and Clare Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the European Court of Human Rights (ECtHR) and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.
Author | : Natan Sznaider |
Publisher | : Polity |
Total Pages | : 211 |
Release | : 2011-09-26 |
Genre | : History |
ISBN | : 0745647952 |
Natan Sznaider offers a highly original account of Jewish memory and politics before and after the Holocaust. It seeks to recover an aspect of Jewish identity that has been almost completely lost today - namely, that throughout much of their history Jews were both a nation and cosmopolitan, they lived in a constant tension between particularism and universalism. And it is precisely this tension, which Sznaider seeks to capture in his innovative conception of ‘rooted cosmopolitanism', that is increasingly the destiny of all peoples today. The book pays special attention to Jewish intellectuals who played an important role in advancing universal ideas out of their particular identities. The central figure in this respect is Hannah Arendt and her concern to build a better world out of the ashes of the Jewish catastrophe. The book demonstrates how particular Jewish affairs are connected to current concerns about cosmopolitan politics like human rights, genocide, international law and politics. Jewish identity and universalist human rights were born together, developed together and are still fundamentally connected. This book will appeal both to readers interested in Jewish history and memory and to anyone concerned with current debates about citizenship and cosmopolitanism in the modern world.
Author | : Paul Schiff Berman |
Publisher | : Cambridge University Press |
Total Pages | : 357 |
Release | : 2012-02-27 |
Genre | : Law |
ISBN | : 1107376912 |
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
Author | : Helge Dedek |
Publisher | : Cambridge University Press |
Total Pages | : 325 |
Release | : 2021-12-16 |
Genre | : Law |
ISBN | : 1108841724 |
Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Author | : Boaventura de Sousa Santos |
Publisher | : Cambridge University Press |
Total Pages | : 424 |
Release | : 2005-09-08 |
Genre | : Political Science |
ISBN | : 9781139446143 |
This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.
Author | : Claudio Corradetti |
Publisher | : Routledge |
Total Pages | : 244 |
Release | : 2021-12-13 |
Genre | : |
ISBN | : 9781032236810 |
This book argues that to understand the complexities of our current legal-institutional arrangements, we first need an insight into Kant's global politics, and highlights the potential fruitfulness of Kant's cosmopolitan thought for contemporary political thinking.
Author | : Richard Vernon |
Publisher | : Cambridge University Press |
Total Pages | : 233 |
Release | : 2010-04 |
Genre | : History |
ISBN | : 0521761875 |
Suggests that a cosmopolitan theory of political obligations involves extending these obligations beyond our own borders.