12 Changing the Imperial Mindset

2016 ◽  
Vol 2016 (1) ◽  
Author(s):  
Hauke Brunkhorst
Keyword(s):  
International Law ◽  
Legal System ◽  
Constitutional Law ◽  
Early Stage ◽  
Public Law ◽  
Double Structure ◽  
The Third

AbstractThe evolution of the present legal system is powered by the contradictory double-structure of a law that is at once is repressive and emancipatory. I take three examples, one from the early stage of the twentieth century’s legal transformations, and two from the present. They all show that the latent emancipatory potential of public law can be activated to challenge repressive function of hegemonic law. The first example is concerned with the challenge of imperial law from within the managerial mindset of the legal system, the second shows that every modern constitutional law “can strike back”. The third one emphasizes the tension between the Kantian constitutional mindset and the managerial mindset that dominates present international law.

scholarly journals THE JUSTIFICATION OF CONSTITUTIONAL PRINCIPLES

2021 ◽  
pp. 54-58
Author(s):  
A. Matat
Keyword(s):  
Structural Analysis ◽  
Legal System ◽  
Constitutional Law ◽  
Public Law ◽  
Legal Practice ◽  
Legal Doctrine ◽  
Legal Principles ◽  
Fundamental Part ◽  
Science Paper ◽  
The Law

This paper deals with the study of the justification of constitutional principles as a fundamental category of constitutional law. Legal principles are an important conception in the legal doctrine and the legal practice of democratic countries. Ukrainian legal doctrine studies legal principles in the two paradigms, namely fundamental principles and general principles. However, this approach does not result in the understanding of principles in constitutional law. That is why principles in constitutional law are an actual topic. The article aims to examine the fundamental concepts to find the justifications of constitutional principles. Hence, the author pays attention to the content of constitutional law and constitutionalism as principles-based categories. First, constitutional law is a fundamental part of the law in the legal system, and all the parts of the law are dependent on constitutional law. Second, the universal constitutional principles are the same for all legal systems. After all, constitutionalism doctrine consists of the limitation of power, and nowadays, this is expressed through the constitution and different constitution principles. The author uses comparative legal, phenomenological, and system-structural analysis as a valid methodology for this research. Finally, the research investigation contains the following conclusions that enable the author to prove the motivation of the science paper to study the outlined topic. First, constitutional law is the basis of the legal system, which embodies constitutional principles; constitutional law has the same effect on public law and private law. Second, constitutionalism is a source for finding constitutional principles. Third, the system of constitutional principles includes the following characteristics: universality and specificity. The system of constitutional principles is open and depends on the interpretation of constitutions. The paper aims to contribute to the growing research highlighting the current issues of constitutional principles. Keywords: principles, constitutional principles, constitutional law, constitutionalism, the system of constitutional principles.

scholarly journals NOOSPHERIC LAW AS A PHENOMENON OF SYNERGISM OF MUNICIPAL AND INTERNATIONAL PUBLIC LAW

2021 ◽  
Vol 2 (5) ◽  
pp. 52-74
Author(s):  
М. О. Baimuratov ◽  
V. P. Ozhereliev
Keyword(s):  
Legal System ◽  
Constitutional Law ◽  
Global Scale ◽  
Public Law ◽  
Excessive Pressure ◽  
The World ◽  
Legal Sanctions ◽  
Legal Model ◽  
Municipal Law ◽  
Legal Space

Interstate integration functions, which are inherent in both systems – municipal law (ML) and international public law (IPL), in the process of interaction of these systems in the information and legal space of the noosphere, cause a synergistic effect, which positively affects the qualitative content of this process noosphere law (NL). Interstate integration features of ML branches according to the constitutional law (KL) of IPL subjects, which are manifested on a global scale in relation to the IPL system, allow to qualify many branches of ML as part of national law (PNL) subjects of IPL subjects as a separate legal system IPL and PNL. Therefore, at present, it is possible to assert the existence of three types of law: on the basis of the IPL system, the PNL system and the IPL system, which, in turn, has dualistic properties as a global-regional legal system. Thus, the process of interaction of IPL and ML systems due to their interstate integration functions, and, according to the concept of teleology of this process, from the beginning is focused on the emergence, formation and future development of the NSL system. However, it is necessary to monitor this process, taking into account its convergent-divergent lability and the likely strengthening of dangerous trends against the background of excessive pressure of international legal sanctions on individual entities of IPL and ML. These trends point to the threat to the world civilization system by the irreversible autarky of the largest subjects of IPL. In the current conditions, it is important that the application of the "topological double-circuit shell-nuclear information-legal Model of the noosphere" in the study of the phenomenon of synergism of IPL and ML systems allows to obtain a reliable forecast at all stages of the NSL system.

The Oxford Handbook of Comparative Administrative Law

2020 ◽  
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Administrative Law ◽  
Public Law ◽  
Legal Traditions ◽  
Government Power ◽  
Wide Range ◽  
Legal Control ◽  
Governmental Power ◽  
Similarities And Differences

In this volume, distinguished experts, and leaders in the field, discuss a wide range of issues in administrative law from a comparative perspective. Administrative law is concerned with the conferral, nature, exercise, and legal control of administrative (or ‘executive’) governmental power. It has close links with other areas of ‘public law’, notably constitutional law and international law. It is of great interest and importance not only to lawyers but also to students of politics, government, and public policy. Studying public law comparatively helps to identify both similarities and differences between the way government power and its control is managed in different countries and legal traditions.

Editors' Introduction: India and International Law in the Periphery Series

2010 ◽  
Vol 23 (1) ◽  
pp. 1-3 ◽  
Author(s):  
FLEUR JOHNS ◽  
THOMAS SKOUTERIS ◽  
WOUTER WERNER
Keyword(s):  
International Law ◽  
Legal System ◽  
The Third ◽  
International Lawyer ◽  
International Legal System ◽  
Conventionally Cast ◽  
The Way

This is the third issue of the Periphery Series of the Leiden Journal of International Law. The first two were dedicated to the works of the Chilean jurist Alejandro Álvarez and the Nigerian international lawyer Taslim Olawale Elias – two scholars from regions conventionally cast as ‘peripheral’ to the discipline's metropolitan ‘centre’. This issue takes a somewhat different perspective by focusing on a country (or subcontinent) as a whole. Its primary questions concern the way in which Indian scholars have imagined, shaped, and reshaped international law; the manner in which India's domestic system has received international law; and the ways in which India has been projected by the international legal system.

Public Law: Towards a Post-National Model

2003 ◽  
Author(s):  
Gunnar Folke Schuppert
Keyword(s):  
Legal System ◽  
Constitutional Law ◽  
Legal Culture ◽  
Public Law ◽  
The European Union ◽  
National Model ◽  
Special Quality ◽  
Modes Of Governance ◽  
Crucial Test

The enactment and enforcement of law is regarded as one of the most important attributes of sovereign statehood. Traditionally, ‘sovereignty’ has been understood as meaning the special quality of a state expressed in its ability to shape its own legal system and to enforce it within the territorial limits of its jurisdiction. Hence, the question of the extent to which member states of the European Union are still masters of their legal systems turns out to be a crucial test of their sovereignty. This chapter argues that the legal system of Germany is a Europeanized legal system, in terms both of a European modification of national laws and of a Europeanization of legal culture and modes of governance. This argument takes the form of testing the degree of Europeanization in six different cases, including the field of constitutional law. The conclusion is that the legal system of Germany is a Europeanized legal system and that the German legal profession is quite aware of this development.

Constitutional Law in the Greek World

2015 ◽  
Author(s):  
P. J. Rhodes
Keyword(s):  
Political Participation ◽  
Political Institutions ◽  
Constitutional Law ◽  
Public Law ◽  
The Political ◽  
The Third ◽  
Political Units ◽  
Greek World

This chapter discusses public law and the political institutions in the Greek poleis and other political units. The first part surveys modes of citizenship with a focus on political participation. The second provides an extensive account of deliberative bodies and procedures in the Greek poleis. The third section discusses officials, their appointment and duties, and their accountability.

Rethinking the relationship between international and national law at the turn

2020 ◽  
Vol 22 (1) ◽  
pp. 33-42
Author(s):  
IGOR N. BARTSITS ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Constitutional Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
International Treaties ◽  
National Courts ◽  
National Legal System ◽  
The Russian Federation

The article is devoted to revealing the specifics of the implementation of such areas of constitutional law as the constitutionalization of international law and the internationalization of constitutional law by the example of additions to Article 79 of the Constitution of the Russian Federation, as well as the practices of the Italian Constitutional Court, the Federal Constitutional Court of Germany, etc. The author examined in sufficient detail the procedures for extending the effect of international law and international treaties of Russia to the national legal system, analyzed the concept of counter-limits in European and national judicial practice, presented the basic principles of interaction between European and national courts (the principle of subsidiarity, the principle of proportionality, the principle of ‘sincere cooperation’, method of ‘dialogue of judges’). There is a need for an updated understanding of the term ‘constitutional sovereignty of the state’, which is based on domestic norms on fundamental rights and norms on the foundations of the constitutional system, which presupposes the inadmissibility of any foreign or international influence that violates the requirement of priority of the norms and principles of the national Constitution in the national legal system. The article substantiates the expediency of using the doctrine of counter-limits in the Russian Federation as an instrument of constitutional self-defense, ensuring constitutional sovereignty and preserving constitutional identity.

The Convention on the Law Applicable to Traffic Accidents

1971 ◽  
Vol 9 ◽  
pp. 189-216
Author(s):  
Hugo Fischer
Keyword(s):  
International Law ◽  
Legal System ◽  
Constitutional Law ◽  
Traffic Accidents ◽  
Private International Law ◽  
Draft Convention ◽  
The Hague ◽  
The Law ◽  
The Government ◽  
Government Of Canada

On October 26, 1968, the delegates to the Eleventh Session of The Hague Conference on Private International Law decided to submit, for consideration by their respective governments, a draft Convention on the law applicable to traffic accidents. Article 14 of the Convention permits ratification by a country which, like Canada, has a non-unified legal system, if the Convention has been extended to at least one of its jurisdictions. The Convention aims at uniformity in a branch of the law where, until now, to quote an eminent jurist, “case-to-case decisions [did] not add up to a system of justice.”Under Canadian constitutional law the implementation of the Convention requires provincial legislation. At the invitation of the government of Canada a delegate of the Conference of Commissioners on Uniformity of Legislation in Canada participated at the session in The Hague as a member of the Canadian delegation.

International Constitutional Law – Inclusive, but Still Selective?

ICL Journal ◽  
2017 ◽  
Vol 11 (3) ◽  
Author(s):  
Judith Köbler
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Public Law ◽  
Fundamental Rights ◽  
Court Cases ◽  
Periodic Review ◽  
Reference Framework ◽  
Constitutional System ◽  
State Functions

AbstractDeveloping international constitutional law, apart from difficulties concerning its definition, faces certain well-known problems – ranging from its pluralistic mode of creation to its enforceability, but has also to scrutinise its aims. If its aim is to at least provide a global reference framework for constitutional principles and concepts – since serving as a common set of values does reach its own limits rather quickly eg concerning fundamental issues such as the role of women in society or sustainability – it has to be inclusive in nature. Certain areas of international law, such as human rights – via Universal Periodic Review or treaty monitoring bodies such as CAT – or WTO law interact closely with national constitutional and/or regional international law (ECHR) and or regional constitutional/public law (eg EU Law). Therefore, their ideas may be taken up – voluntarily through courts or academia, due to examination mechanisms through governments or tribunals – be modified (if necessary to fit into a national constitutional system or supranational constitutional framework) and transported back into the global community (eg as feedback within a WTO case or an UPR). This, however, is event driven. Therefore, it cannot be a carefully conceptualised coherent law such as national constitutions. National (and land constitutions, which may also provide important ideals) constitutions in general serve several functions: as set of values eg in the area of fundamental rights, for structuring the state functions by setting up institutions and modes of operation, and as reference for the interpretation of norms eg in court cases. Their overall purpose is to provide a coherent inner regime. Nevertheless, by promoting certain selected ‘institutionalisable’ constitutional ideas (for example through the rule of law initiative) we can aim to strive from a fragmented towards a more coherent global framework.

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