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BOOK EXCERPT:
Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?
Product Details :
Genre |
: Law |
Author |
: Dia Anagnostou |
Publisher |
: Bloomsbury Publishing |
Release |
: 2014-12-01 |
File |
: 252 Pages |
ISBN-13 |
: 9781782251866 |
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BOOK EXCERPT:
The study of law and social movements provides an ideal lens for rethinking fundamental questions about the relationship between law and power. This Research Handbook takes up that challenge, framing a new, more global, dynamic, reflexive, and contextualised phase of social movement studies.
Product Details :
Genre |
: Political Science |
Author |
: Steven A. Boutcher |
Publisher |
: Edward Elgar Publishing |
Release |
: 2023-07-01 |
File |
: 463 Pages |
ISBN-13 |
: 9781789907674 |
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BOOK EXCERPT:
Through critical analysis of case law in European and national courts, this book reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights in a world of continual technological advances – namely, what can I do if my data privacy rights are breached?
Product Details :
Genre |
: Computers |
Author |
: Maja Brkan |
Publisher |
: Edward Elgar Publishing |
Release |
: 2017-05-26 |
File |
: 269 Pages |
ISBN-13 |
: 9781784718718 |
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BOOK EXCERPT:
Prompted by an unprecedented rise of litigation since the 1990s, this book examines how the European Convention of Human Rights (ECHR) system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change. Focusing on European Court of Human Rights litigation and state implementation of judgments related to minority discrimination and asylum/migration, it argues that a fundamental transformation of the Convention system has been under way. Repeat and strategic litigation, shifting methods of supervision and state implementation to remedy systemic violations, and above all the growing engagement of civil society and non-governmental actors, have prompted a distinctive trend of human rights experimentalism. The emergence of experimentalism has profound implications for the legitimacy, effectiveness and further reform of the ECHR system. This study provides an original constitutive account of regional human rights regimes and how they are activated by societal actors to claim rights, advance case law, and pressure for domestic legal and policy change. It will be of interest to international law and international relations scholars, political scientists, specialists on the ECHR, the Strasbourg Court, as well as to scholars interested in the human rights of immigrants and minorities.
Product Details :
Genre |
: Law |
Author |
: Dia Anagnostou |
Publisher |
: Taylor & Francis |
Release |
: 2022-10-27 |
File |
: 241 Pages |
ISBN-13 |
: 9781000688689 |
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BOOK EXCERPT:
This book reflects on selected issues of European law in dialogue with leading legal scholar Bruno De Witte, whose work has enlightened generations of students, scholars and practitioners of European law. The volume is designed to mark the impressive academic oeuvre of a great legal mind and true academic whose elegant and insightful writings have decisively contributed to the advancement of the study of European law. The contributions attempt to 'make sense of European Union law' reflecting Bruno's mission as a legal scholar and commenting on some of the themes that he has worked on: constitutional Europe, differentiated Europe, social and educational Europe and minorities Europe. It culminates in reflections on the very nature of Bruno's scholarship and his academic persona. Not only is this book a public recognition and an expression of appreciation for all that Bruno has offered to the European legal community but also an invitation to challenge the way many scholars think of academic careers and their ways to success.
Product Details :
Genre |
: Law |
Author |
: Monica Claes |
Publisher |
: Bloomsbury Publishing |
Release |
: 2023-01-12 |
File |
: 183 Pages |
ISBN-13 |
: 9781509959716 |
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BOOK EXCERPT:
Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation.
Product Details :
Genre |
: Law |
Author |
: Roberto Gargarella |
Publisher |
: Routledge |
Release |
: 2017-03-02 |
File |
: 323 Pages |
ISBN-13 |
: 9781351947954 |
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BOOK EXCERPT:
The 2020 edition marks the 20th Anniversary of The Global Community Yearbook of International Law and Jurisprudence. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The General Editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. This anniversary edition updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The journal's founding editor, Professor Emeritus Giuliana Ziccardi Capaldo, in her Editorial gives a presentation of the Yearbook's intellectual trajectory, as developed from its original roots, showing intriguing prospects for a publication that aims at the very forefront of events in law, politics, ethics, and jurisprudence in a global community. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ), human rights courts (ECtHR, IACtHR, ACtHPR), criminal tribunals such as the International Criminal Court (ICC) and the International Residual Mechanism for Criminal Tribunals (MICT), to economically based tribunals such as ICSID and the WTO dispute settlement system. This edition contains original research articles on the development and analysis of the concept of global law and the views of the leading global law theorists on the subject of globalization. This 20th anniversary edition also includes a special section which provides an interdisciplinary overview of China's Belt and Road Initiative; and an examination of the global public health order in a post-COVID-19 world. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals.
Product Details :
Genre |
: Law |
Author |
: Giuliana Ziccardi Capaldo |
Publisher |
: Oxford University Press |
Release |
: 2021-12-17 |
File |
: Pages |
ISBN-13 |
: 9780197618738 |
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BOOK EXCERPT:
The pursuit of Lakshmi, the fickle goddess of prosperity and good fortune, is a metaphor for the aspirations of the state and people of independent India. In the latest of their distinguished contributions to South Asian studies, scholars Lloyd I. Rudolph and Susanne Hoeber Rudolph focus on this modern-day pursuit by offering a comprehensive analysis of India's political economy. India occupies a paradoxical plane among nation states: it is both developed and underdeveloped, rich and poor, strong and weak. These contrasts locate India in the international order. The Rudolphs' theory of demand and command polities provides a general framework for explaining the special circumstances of the Indian experience. Contrary to what one might expect in a country with great disparities of wealth, no national party, right or left, pursues the politics of class. Instead, the Rudolphs argue, private capital and organized labor in India face a "third actor"—the state. Because of the dominance of the state makes class politics marginal, the state is itself an element in the creation of the centrist-oriented social pluralism that has characterized Indian politics since independence. In analyzing the relationship between India's politics and its economy, the Rudolphs maintain that India's economic performance has been only marginally affected by the type of regime in power—authoritarian or democratic. More important, they show that rising levels of social mobilization and personalistic rule have contributed to declining state capacity and autonomy. At the same time, social mobilization has led to a more equitable distribution of economic benefits and political power, which has enhanced the state's legitimacy among its citizens. The scope and explanatory power of In Pursuit of Lakshmi will make it essential for all those interested in political economy, comparative politics, Asian studies and India.
Product Details :
Genre |
: Business & Economics |
Author |
: Lloyd I. Rudolph |
Publisher |
: University of Chicago Press |
Release |
: 1987-04-15 |
File |
: 549 Pages |
ISBN-13 |
: 9780226731391 |
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BOOK EXCERPT:
Susan D. Carle centers this collection of texts on the premise that legal ethics should be far more than a set of rules on professional responsibility.
Product Details :
Genre |
: Law |
Author |
: Susan D. Carle |
Publisher |
: NYU Press |
Release |
: 2005-08-22 |
File |
: 442 Pages |
ISBN-13 |
: 9780814716397 |
eBook Download
BOOK EXCERPT:
Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?
Product Details :
Genre |
: Law |
Author |
: Dia Anagnostou |
Publisher |
: Bloomsbury Publishing |
Release |
: 2014-12-01 |
File |
: 320 Pages |
ISBN-13 |
: 9781782251873 |