The Austrian Legal System

The Austrian Legal System
Author: Herbert Hausmaninger
Publisher: Springer
Total Pages: 0
Release: 2000-11-03
Genre: Law
ISBN: 9789041114808

This book presents a broad range of aspects of Austrian law and legal culture for the purpose of comparison with other legal systems. In its second revised and enlarged edition it treats the following subjects: Political history the Constitution Sources and interpretation of law The political system Austria and the European Union Legal education and legal professions the courts Administrative adjudication Constitutional review Fundamental rights Criminal procedure Civil procedure The Austrian civil code Private law Labour law Civil law tradition These characteristic features have been selected in order to acquaint the foreign observer with some of the defining elements of Austrian law and legal development. Austrian students and practitioners, too, may find this approach helpful when it comes to explaining their law to others.

Modernism: The Creation of Nation-States

Modernism: The Creation of Nation-States
Author: Ahmet Ersoy
Publisher: Central European University Press
Total Pages: 497
Release: 2010-01-01
Genre: Political Science
ISBN: 9637326618

Notwithstanding the advantages of physical power, the struggle for survival among societies is not merely a matter of serial armed clashes but of the nation's spiritual resources that in the end always decide upon the victory. In Europe, there indeed exist independent countries, insignificant from the point of view of the entire civilization, and born by sheer coincidence, yet, this coincidence, this fancy, or diplomatic ploy that created them can just as easily bring them to an end---the nations that count in the political calculations are only the enlightened ones. Therefore, our nation should not merely grow in power, strengthen its character, and foster in people the feeling of love for homeland, but also---inasmuch as it is possible---breath the fresh breeze of humanity's general progress, feed it to the nation, absorb its creative energy. Until now, we have trusted and lived only in the weary conditions, conditions devoid of health-giving elements---now, as a result the nation's heart beats too slowly and its mind works too tediously. We ought to open our windows to Europe, to the wind of continental change and allow it to air our sultry home, since as not all health comes from the inside, not all disease comes from the outside.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
Author: Anneli Albi
Publisher: Springer
Total Pages: 1522
Release: 2019-05-29
Genre: Law
ISBN: 9462652732

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

What is Justice?

What is Justice?
Author: Hans Kelsen
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 406
Release: 2000
Genre: Law
ISBN: 1584771011

Kelsen, Hans. What is Justice? Justice, Law and Politics in the Mirror of Science. Berkeley: University of California Press, 1957. [vi], 397 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. ISBN 1-58477-101-1. Cloth. New. $95. * Through the lens of science, Kelsen proposes a dynamic theory of natural law, examines Platonic and Aristotelian doctrines of justice, the idea of justice as found in the holy scriptures, and defines justice as "...that social order under whose protection the search for truth can prosper. 'My' justice, then, is the justice of freedom, the justice of peace, the justice of democracy-the justice of tolerance." (p. 24).

Comparative Constitutional Reasoning

Comparative Constitutional Reasoning
Author: András Jakab
Publisher: Cambridge University Press
Total Pages: 867
Release: 2017-04-27
Genre: Law
ISBN: 1108138616

To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

Crime, Jews and News

Crime, Jews and News
Author: Daniel Mark Vyleta
Publisher: Berghahn Books
Total Pages: 266
Release: 2007-01-01
Genre: History
ISBN: 085745594X

Crimes committed by Jews, especially ritual murders, have long been favorite targets in the antisemitic press. This book investigates popular and scientific conceptualizations of criminals current in Austria and Germany at the turn of the last century and compares these to those in the contemporary antisemitic discourse. It challenges received historiographic assumptions about the centrality of criminal bodies and psyches in late nineteenth- and early twentieth-century criminology and argues that contemporary antisemitic narratives constructed Jewish criminality not as a biologico-racial defect, but rather as a coolly manipulative force that aimed at the deliberate destruction of the basis of society itself. Through the lens of criminality this book provides new insight into the spread and nature of antisemitism in Austria-Hungary around 1900. The book also provides a re-evaluation of the phenomenon of modern Ritual Murder Trials by placing them into the context of wider narratives of Jewish crime.

Justice as Prevention

Justice as Prevention
Author: Pablo De Greiff
Publisher: SSRC
Total Pages: 568
Release: 2007
Genre: Law
ISBN: 0979077214

Countries emerging from armed conflict or authoritarian rule face difficult questions about what to do with public employees who perpetrated past human rights abuses and the institutional structures that allowed such abuses to happen. Justice as Prevention: Vetting Public Employees in Transitional Societies examines the transitional reform known as "vetting"-the process by which abusive or corrupt employees are excluded from public office. More than a means of punishing individuals, vetting represents an important transitional justice measure aimed at reforming institutions and preventing the recurrence of abuses. The book is the culmination of a multiyear project headed by the International Center for Transitional Justice that included human rights lawyers, experts on police and judicial reform, and scholars of transitional justice and reconciliation. It features case studies of Argentina, Bosnia and Herzegovina, the Czech Republic, El Salvador, the former German Democratic Republic, Greece, Hungary, Poland, and South Africa, as well as chapters on due process, information management, and intersections between other institutional reforms.

The Austrian Mind

The Austrian Mind
Author: William M. Johnston
Publisher: Univ of California Press
Total Pages: 542
Release: 2023-09-01
Genre: History
ISBN: 0520341155

Part One of this book shows how bureaucracy sustained the Habsburg Empire while inciting economists, legal theorists, and socialists to urge reform. Part Two examines how Vienna's coffeehouses, theaters, and concert halls stimulated creativity together with complacency. Part Three explores the fin-de-siecle world view known as Viennese Impressionism. Interacting with positivistic science, this reverence for the ephemeral inspired such pioneers ad Mach, Wittgenstein, Buber, and Freud. Part Four describes the vision of an ordered cosmos which flourished among Germans in Bohemia. Their philosophers cultivated a Leibnizian faith whose eventual collapse haunted Kafka and Mahler. Part Five explains how in Hungary wishful thinking reinforced a political activism rare elsewhere in Habsburg domains. Engage intellectuals like Lukacs and Mannheim systematized the sociology of knowledge, while two other Hungarians, Herzel and Nordau, initiated political Zionism. Part Six investigates certain attributes that have permeated Austrian thought, such as hostility to technology and delight in polar opposites.

Justice for Victims of Crime

Justice for Victims of Crime
Author: Albin Dearing
Publisher: Springer
Total Pages: 417
Release: 2017-02-06
Genre: Law
ISBN: 3319450484

This book analyses the rights of crime victims within a human rights paradigm, and describes the inconsistencies resulting from attempts to introduce the procedural rights of victims within a criminal justice system that views crime as a matter between the state and the offender, and not as one involving the victim. To remedy this problem, the book calls for abandoning the concept of crime as an infringement of a state’s criminal laws and instead reinterpreting it as a violation of human rights. The state’s right to punish the offender would then be replaced by the rights of victims to see those responsible for violating their human rights convicted and punished and by the rights of offenders to be treated as accountable agents.