The book proposes a new approach to constitutional analysis of the EU and its legal framework, arguing that the existence of constitutional rights norms within EU law enables this particular legal order to respond effectively to societal and political challenges within the rigidity of constitutionalism. Providing new perspectives on constitutionalism in the EU, this book considers the way the Court of Justice of the European Union (CJEU) discusses and applies the EU citizenship Treaty norms by analysing the courts approach to decision making, which resembles the balancing and weighing of conflicting principles.
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Social Construction of Law
Potential and Limits
Michael Giudice
This illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law.
Hired Guns and Human Rights
Global Governance and Access to Remedies in the Private Military and Security Industry
Kuzi Charamba
This innovative book provides an overview and critical assessment of the current avenues and remedies available to victims seeking recourse from private military and security companies (PMSCs) for human rights violations.
Law in the First Person Plural
Roots, Concepts, Topics
Bert van Roermund
This incisive book offers an innovative understanding of Rousseau’s politico-legal philosophy to illustrate the legal significance of plural agency and what it means for a people to act together. Testing these ideas in controversial contemporary debates, Bert van Roermund provides a critical assessment of ‘political theology’ and establishes a new interpretation of joint action as bodily entrenched.
Vox Populi
Populism as a Rhetorical and Democratic Challenge
Edited by Ingeborg van der Geest, Henrike Jansen and Bart van Klink
This timely and engaging book examines the rise of populism across the globe. Combining insights from linguistics, argumentation theory, rhetoric, legal theory and political theory it offers a fully integrated characterization of the form and content of populist discourse.
Nadia E. Nedzel
Grounded in history and written by a law professor, this book is a scholarly yet jargon-free explanation of the differences between the common and civil law concepts of the rule of law, and details how they developed out of two different cultural views of the relationships between law, individuals, and government. The author shows how those differences lead to differences in economic development, entrepreneurship, and corporate governance.
Jean d'Aspremont
Encompassing the history and theory of international law, the author writes a timely and important review of this debated topic. Covering various topics including primitive legal scholarship, medieval law and the Grotian Tradition, this original piece explores the topic of International Law in a comprehensive and refreshing manner.
Constitutional Idolatry and Democracy
Challenging the Infatuation with Writtenness
Brian Christopher Jones
Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.
Expert Laws of War
Restating and Making Law in Expert Processes
Anton O. Petrov
Over recent decades, international humanitarian law has been shaped by the omnipresence of so-called expert manuals. Astute and engaging, this discerning book provides a comprehensive account of these black letter rules and commentaries produced by private expert groups and demonstrates why the general acceptance of these expert manuals is largely unjustified. The author innovatively links interdisciplinary insights to the needs of military lawyers in practice, showing the pitfalls of relying on private manuals as arguable restatements and interpretations of the law 'as it is'.
Controlling EU Agencies
The Rule of Law in a Multi-jurisdictional Legal Order
Edited by Miroslava Scholten and Alex Brenninkmeijer
Controlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification and Europeanisation of the executive in the EU.