Obligations to ‘Secure’ the Rights of the Convention in an ‘Effective Political Democracy’: How Should Parliaments and Domestic Courts Interact?

2017 ◽  
pp. 167-197
Author(s):  
Amrei Müller
Keyword(s):  
Political Democracy ◽  
Domestic Courts

Manajemen Ekonomi Outopilot: Kegagalan Negara Mencari Identitas?

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 142-152
Author(s):  
Mukhaer Pakkanna
Keyword(s):  
Economic Development ◽  
National Economy ◽  
The State ◽  
Political Democracy ◽  
Economic Democracy ◽  
Quality Of Democracy ◽  
Economic Disparities ◽  
National Economic ◽  
Production And Distribution

Political democracy should be equivalent to the economic development of the quality of democracy, economic democracy if not upright, even the owner of the ruling power and money, which is parallel to force global corporatocracy. Consequently, the economic oligarchy preservation reinforces control of production and distribution from upstream to downstream and power monopoly of the market. The implication, increasingly sharp economic disparities, exclusive owner of the money and power become fertile, and the end could jeopardize the harmony of the national economy. The loss of national economic identity that makes people feel lost the “pilot of the state”. What happens then is the autopilot state. Viewing unclear direction of the economy, the national economy should clarify the true figure.

The European Charter of Local Self-Government

2015 ◽  
Author(s):  
Chris Himsworth
Keyword(s):  
Critical Study ◽  
The European Union ◽  
Future Prospects ◽  
Council Of Europe ◽  
International Treaty ◽  
Additional Protocol ◽  
Domestic Courts ◽  
The Status ◽  
History Of ◽  
Regional Authorities

The first critical study of the 1985 international treaty that guarantees the status of local self-government (local autonomy). Chris Himsworth analyses the text of the 1985 European Charter of Local Self-Government and its Additional Protocol; traces the Charter’s historical emergence; and explains how it has been applied and interpreted, especially in a process of monitoring/treaty enforcement by the Congress of Local and Regional Authorities but also in domestic courts, throughout Europe. Locating the Charter’s own history within the broader recent history of the Council of Europe and the European Union, the book closes with an assessment of the Charter’s future prospects.

Ireland

2018 ◽  
Author(s):  
Eilionóir Flynn
Keyword(s):  
Mental Health ◽  
International Law ◽  
Health Law ◽  
Disability Rights ◽  
Eu Law ◽  
Persons With Disabilities ◽  
Unique Position ◽  
Domestic Courts ◽  
Employment Equality ◽  
The Impact

Ireland’s constitution adopts a dualist approach to international law. It is in a unique position as a state which has not ratified the Convention on the Rights of Persons with Disabilities (CRPD), but one which is obliged to adhere to the provisions of the CRPD in EU law, by virtue of the EU’s conclusion of the CRPD in 2010. To date, the CRPD has been referenced in a number of cases before the Irish courts in the context of employment equality law and mental health law. This chapter examines the extent of the impact that the CRPD can have on the judgments of domestic courts on disability rights in advance of the state’s ratification of the Convention.

scholarly journals An Attack on the Separation of Powers? Strategic Climate Litigation in the Eyes of U.S. Judges

2021 ◽  
Vol 13 (15) ◽  
pp. 8335
Author(s):  
Jasmina Nedevska
Keyword(s):  
Social Sciences ◽  
Climate Change ◽  
United States ◽  
Separation Of Powers ◽  
The United States ◽  
Checks And Balances ◽  
Climate Politics ◽  
The Social ◽  
Domestic Courts ◽  
Research Plan

Climate change litigation has emerged as a powerful tool as societies steer towards sustainable development. Although the litigation mainly takes place in domestic courts, the implications can be seen as global as specific climate rulings influence courts across national borders. However, while the phenomenon of judicialization is well-known in the social sciences, relatively few have studied issues of legitimacy that arise as climate politics move into courts. A comparatively large part of climate cases have appeared in the United States. This article presents a research plan for a study of judges’ opinions and dissents in the United States, regarding the justiciability of strategic climate cases. The purpose is to empirically study how judges navigate a perceived normative conflict—between the litigation and an overarching ideal of separation of powers—in a system marked by checks and balances.

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