Showing 1 - 10 of 10
Abstract: The paper compares French and Dutch legal approaches in regulating the use of headscarves in public institutions as examples of divergent liberal legal cultures and national policies towards immigrant minorities. It shows that in France the principle of laïcité or state secularity...
Persistent link: https://www.econbiz.de/10008611146
. The discussion on global constitutionalism shows better than any other debate that the relationship of law and politics is … and openness of these systems can only be understood if one keeps in mind the perspective entanglements with which law and …
Persistent link: https://www.econbiz.de/10005233234
views on and different understandings of European constitutional law and European integration and, more generally speaking …
Persistent link: https://www.econbiz.de/10008742943
intimate relationship between the two fields of law. The second part of the paper traces the forms of law and political … repressed foundation of responsible decision-making. I suggest that this form of law, with its secret relationship to mystery … of modern international law, would seem to challenge the logic of sacrifice to a mysterious God, through its commitment …
Persistent link: https://www.econbiz.de/10008455531
This paper is divided into three parts. The first part is focused on the analytical assessment of the meaning of value choices, regulatory autonomy and identity in the EU, which is characterized by the complex constitutional relationship between the Member States and supranational polity. I have...
Persistent link: https://www.econbiz.de/10008455535
Abstract: The paper explores the impact of the great enlargement of Europe (European Union and Council of Europe) to the east on the judicial interaction between the EU, the ECHR and the Member States legal orders. In order to appraise the dynamic and prospective nature of the enlargement, in...
Persistent link: https://www.econbiz.de/10008611180
Abstract: The history of migration policy in Europe and United States between the late XIX and the early XX century offers several issues of comparison with the current EU regulation. The paper analyzes, with a historical-philosophical approach, these two experiences with the main focus on the...
Persistent link: https://www.econbiz.de/10008611186
Abstract: Multifarious definitions and different practices are associated with the "judicial comity" notion. Nevertheless, this paper seeks to demonstrate the existence of a "key feature" of the phenomenon. The analysis of cases illustrates that the implementation of certain judicial techniques...
Persistent link: https://www.econbiz.de/10009147478
Persistent link: https://www.econbiz.de/10008777135
cases for civil compensation. A persisting and rising number of private law cases that attempts to empower disenfranchised … govern the so-far unsuccessful civil law suits. The law of transnational civil litigation [TCL] emerged with the US American … a case in point for the dramatically changing nature of norm-creation, law, and law enforcement in an era of …
Persistent link: https://www.econbiz.de/10005553266