the continuity of legal systems in theory and practice

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The Continuity Of Legal Systems In Theory And Practice

Author : Benjamin Spagnolo
ISBN : 9781849468848
Genre : Law
File Size : 52. 29 MB
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The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power. In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems, both before and after Federation.

Islamic Law And The Legal System Of Saud

Author : Frank E. Vogel
ISBN : 9004110623
Genre : Religion
File Size : 39. 89 MB
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This volume offers an examination of the legal system of Saudi Arabia, not only for its own sake but also as a case study for insight into past and present Islamic legal systems.

Pure Theory Of Law

Author : Hans Kelsen
ISBN : 0520036921
Genre : Law
File Size : 83. 19 MB
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The Concept Of A Legal System

Author : Joseph Raz
ISBN : 9780198253631
Genre : Law
File Size : 42. 1 MB
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6. On Independent Norms

Continuity And Change In Eu Law

Author : Anthony Arnull
ISBN : 0199219036
Genre : Political Science
File Size : 26. 36 MB
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This volume commemorates the career of Sir Francis Jacobs KCMG QC, who served as British Advocate General at the European Court of Justice in Luxembourg from October 1988 until January 2006. The essays in the volume examine the key developments in EU law over the period that Sir Francis served as Advocate General, one that saw momentous changes in the character of the Union and its legal order. It encompassed the Treaty of Maastricht, which superimposed the Union on the pre-existing European Community, as well as the Treaties of Amsterdam and Nice; the proclamation of the Union's Charter of Fundamental Rights; the drafting of the Treaty establishing a Constitution for Europe; the creation of the Court of First Instance and the EU Civil Service Tribunal; the completion of the single market; and the enlargement of the Union to 15 Member States in 1995 and 25 Member States in 2004. The period also witnessed a profound change in the nature of much academic scholarship on the law of the Union. At the same time, the ECJ continues to grapple with issues which preoccupied it in the 1980s and earlier, such as the relationship between Union law and national law, the circumstances in which individuals should be permitted to seek the annulment of measures adopted by the Union's institutions and the scope of the Treaty rules on freedom of movement. The essays in the volume look at the persistent difficulties that have faced the unique legal system during the period of change. The volume is divided into five sections dealing respectively with: general issues and institutional questions; fundamental rights; substantive law; external relations; and national perspectives. The contributors are distinguished figures drawn from a variety of constituencies, including the national and European judiciaries, legal practice and the academic world.

Security Science

Author : Clifton Smith
ISBN : 9780123947857
Genre : Business & Economics
File Size : 86. 68 MB
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Security Science integrates the multi-disciplined practice areas of security into a single structured body of knowledge, where each chapter takes an evidence-based approach to one of the core knowledge categories. The authors give practitioners and students the underlying scientific perspective based on robust underlying theories, principles, models or frameworks. Demonstrating the relationships and underlying concepts, they present an approach to each core security function within the context of both organizational security and homeland security. The book is unique in its application of the scientific method to the increasingly challenging tasks of preventing crime and foiling terrorist attacks. Incorporating the latest security theories and principles, it considers security from both a national and corporate perspective, applied at a strategic and tactical level. It provides a rational basis for complex decisions and begins the process of defining the emerging discipline of security science. A fresh and provocative approach to the key facets of security Presentation of theories and models for a reasoned approach to decision making Strategic and tactical support for corporate leaders handling security challenges Methodologies for protecting national assets in government and private sectors Exploration of security’s emerging body of knowledge across domains

Non Germans Under The Third Reich

Author : Diemut Majer
ISBN : 0801864933
Genre : History
File Size : 87. 24 MB
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"Indispensable to any student of the New Order in Europe between 1939 and 1945." -- English Historical Review

International Law In The U S Supreme Court

Author : David L. Sloss
ISBN : 9781139497862
Genre : Law
File Size : 72. 37 MB
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From its earliest decisions in the 1790s, the US Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from its inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, this book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century has been a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

Law And Revolution

Author : Nimer Sultany
ISBN : 9780191081514
Genre : Religion
File Size : 20. 64 MB
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What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.

One Country Two Systems Three Legal Orders Perspectives Of Evolution

Author : Jorge Oliveira
ISBN : 9783540685722
Genre : Law
File Size : 31. 99 MB
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“One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Furthermore, relevant issues on international law, criminal law, and historical and comparative evolutions and interactions of different legal s- tems are laid down in this panoramic, yet comprehensive book. One cannot but underline the presence, in the many approaches and comments, of a certain aura of a modern Kantian cosmopolitanism revisitation throughout the work, especially when dealing with the cardinal principle of «One Country, Two Systems», which enabled a peaceful and integral reunification ex vi international law – the Joint Declarations – that ended an external and distant control.

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