Search result: 25 articles

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Year 2011 x
Article

Access_open Transnational Fundamental Rights: Horizontal Effect?

Journal Netherlands Journal of Legal Philosophy, Issue 3 2011
Keywords fundamental rights, societal constitutionalism, inclusionary and exclusionary effects, anonymous matrix
Authors Gunther Teubner
AbstractAuthor's information

    Violations of human rights by transnational corporations and by other ‘private’ global actors raise problems that signal the limits of the traditional doctrine of ‘horizontal effects’. To overcome them, constitutional law doctrine needs to be complemented by perspectives from legal theory and sociology of law. This allows new answers to the following questions: What is the validity basis of human rights in transnational ‘private’ regimes – extraterritorial effect, colère public or external pressures on autonomous law making in global regimes? Do they result in protective duties of the states or in direct human rights obligations of private transnational actors? What does it mean to generalise state-directed human rights and to respecify them for different social spheres? Are societal human rights limited to ‘negative’ rights or is institutional imagination capable of developing ‘positive’ rights – rights of inclusion and participation in various social fields? Are societal human rights directed exclusively against corporate actors or can they be extended to counteract structural violence of anonymous social processes? Can such broadened perspectives of human rights be re-translated into the practice of public interest litigation?


Gunther Teubner
Gunther Teubner is Professor of Private Law and Legal Sociology and Principal Investigator of the Excellence Cluster ‘The Formation of Normative Orders’ at the Goethe-University, Frankfurt/Main. He is also Professor at the International University College, Torino, Italy.

Prof. Irmgard Marboe
University of Vienna

Jonathan F. Galloway
Lake Forest College

Christopher Johnson
International Institute of Space Law, United Kingdom and United States of America, johnson.c@gmail.com

Prof. Dr. Lesley Jane Smith
Leuphana University of Luneburg/ Weber-Steinhaus & Smith, Bremen, Germany,, ljsmith@barkhof.uni-bremen.de
Article

Access_open Burgerlijk procesrecht en ideologie

Journal Netherlands Journal of Legal Philosophy, Issue 1 2011
Keywords civil procedure, ideology, principles of procedural law
Authors Remme Verkerk
AbstractAuthor's information

    This contribution offers a partial explanation of the differences between procedural systems. In most jurisdictions, civil procedural regulations constitute a carefully designed system. Generally, a number of underlying principles, guidelines, theories and objectives can be identified that clarify and justify more specific rules of procedure. It will be argued that the main differences between legal systems flow from different political and theoretical views of those who determine and shape the form of the legal process. This contribution identifies the ideological influences on the rules of procedure in a number of influential jurisdictions.


Remme Verkerk
Remme Verkerk was Assistant Professor at the Faculty of Law of Maastricht University. Presently he practices law at Houthoff Buruma.
Article

Maken sterke lijsten een verschil?

Een analyse van de lijsten bij de federale en regionale verkiezingen in het Vlaams Gewest (2003-2010)

Journal Res Publica, Issue 2 2011
Authors Bart Maddens and Gert-Jan Put
AbstractAuthor's information

    Theories on ticket balancing assume that the success of a list in an open list PR system is related to the distribution of the candidates on the list according to variables such as age, gender, professional background and residence. To test these assumptions data were collected about 179 lists for the 2003, 2007 and 2010 federal and 2004 and 2009 regional elections, in the Flemish region of Belgium. A multivariate analysis shows that a list is more successful compared to the other lists of the party in the election if there are more incumbents and aldermen or majors on the list, and less young candidates. A similar analysis with the relative swing as dependent variable suggests that only the age and the number of aldermen or majors have a causal effect on the success. The success of a list does not seem to depend on the visibility of woman candidates, the professional profi les of the candidates, their geographical dispersion or the total campaign expenditures.


Bart Maddens
Bart Maddens is hoogleraar aan het Centrum voor Politicologie van de Katholieke Universiteit Leuven. Hij doet onderzoek over onder andere partij- en campagnefinanciering en politieke partijen in multi-level systemen.

Gert-Jan Put
Gert-Jan Put is assistent aan het Centrum voor Politicologie van de Katholieke Universiteit Leuven. Hij doet onderzoek over de geografische spreiding van kandidaten en de geopolitieke strategie van partijen.
Article

De impact van party magnitude op het aantal vrouwelijke verkozenen

Gender quota in België kritisch bekeken

Journal Res Publica, Issue 2 2011
Keywords gender quota, Belgium, impact, party magnitude, women in politics
Authors Sandra Sliwa, Petra Meier and Peter Thijssen
AbstractAuthor's information

    In the literature on the impact of gender quota party magnitude appears as one of the most critical explanatory variables. A high party magnitude has long been argued to be a necessary condition for quota to be effective. However, recently a number of studies have shown that gender quota can be equally effective in the case of low party magnitude. An analysis of the Belgian regional elections for the years 1999, 2004 and 2009 shows that for quota to be effective it is crucial that they are tailored to the electoral system in which they are applied. Quota prove to be particularly effective when party magnitude is high while a placement mandate is effective when it covers a substantial part of the eligible list positions. We therefore conclude that effective quota can be designed for both high and low party magnitude.


Sandra Sliwa
Sandra Sliwa was van november 2008 tot en met mei 2010 als wetenschappelijk medewerker verbonden aan de Universiteit Antwerpen. Haar onderzoek richtte zich op de impact van genderquota en de determinanten van voorkeurstemmen. Nu werkt ze als beleidsmedewerker voor de Milieu- en Natuurraad Vlaanderen.

Petra Meier
Petra Meier is docente aan het Departement Politieke Wetenschappen van de Universiteit Antwerpen en promotor coördinator van het Steunpunt Gelijke Kansenbeleid. Haar onderzoek spitst zich toe op vraagstukken van politieke vertegenwoordiging in politiek en beleid vanuit (o.a.) een genderperspectief.

Peter Thijssen
Peter Thijssen is hoofddocent aan het Departement Politieke Wetenschappen van de Universiteit Antwerpen. Zijn onderzoek spitst zich toe op de wisselwerking tussen publieke opinie en politieke participatie.

R. Oladosu Olakunle
African Regional centre for space science and technology education in English, Obafemi Awolowo University, Ile- Ife, Nigeria.

J.O. Akinyede

K Adepoju

A.A. Adegbite

Olusoji Nester John
Space Application Laboratory (South-West), National Space Research and Development Agency,Nigeria, Ile-Ife, Nigeria

Eguaroje Ezekierl
Space Application Laboratory (South-West), National Space Research and Development Agency,Nigeria, Ile-Ife, Nigeria

Dr. S.O. Mohammed
National Space Research and Development Agency, Abuja, Nigeria, Garki, Abuja, Nigeria

Ali Akbar Golroo
Aerospace Research Institute, I. R. of IRAN, ali@ari.ac.ir

Professor Mohsen Bahrami
Futures Studies Research Institute, Amirkabir University of Technology, Tehran, Iran

Declan J. O'Donnell Esq., Pres.
United Societies In Space, Inc. & The International Space Development Authority Corporation, isdac.usis@gmail.com, djopc@qwestoffice.net

J.J. Hurtak Ph.D
The Academy For Future Science, jjh@affs.org

Yu Takeuchi
JAXA, Japan, takeuchi.yu@jaxa.jp

Daisuke Saisho

Hideyuki Taguchi

Yoshiaki Kinoshita

Naoko Sugita Inaba

P.J. Blount
National Center for Remote Sensing, Air, and Space Law, University of Mississippi School of Law, United States, pjblount@olemiss.edu
Article

From Uneasy Compromises to Democratic Partnership

The Prospects of Central European Constitutionalism

Journal European Journal of Law Reform, Issue 1 2011
Keywords Central Europe, parliamentarism, freedom of religion, Roma people, discrimination
Authors Gábor Attila Tóth
AbstractAuthor's information

    The Central European constitutional democracies were created by the political and constitutional transition of 1989. However, twenty years later, in the light of antidemocratic, authoritarian and intolerant tendencies, it is far from clear whether the negotiated revolution is a story of success or failure. This paper first outlines the constitutional background of revolutionary transition. It shows that the achieved structures and rules do not prevent political communities from realizing the full promise of democracy. Second, this analysis attempts to explore how the century-old historical circumstances, the social environment, and the commonly failed practice of constitutional institutions interact. This section focuses on the constitutional features of presidential aspirations, the privileges of churches and certain ethnic tensions. Finally, the paper argues that the chances of success of liberal democracies depend significantly on extraconstitutional factors. It seems that Hungary is in a more depressing and dangerous period of its history than for example Poland.


Gábor Attila Tóth
Associate Professor, Faculty of Law, University of Debrecen, former senior adviser, Constitutional Court of Hungary. The author welcomes comments via email: tga818@law.unideb.hu.
Article

Methods and Materials in Constitutional Law

Some Thoughts on Access to Government Information as a Problem for Constitutional Theory and Socio-Legal Studies

Journal European Journal of Law Reform, Issue 1 2011
Keywords Citizenship, democracy, government information, representative government, secrecy
Authors Barry Sullivan
AbstractAuthor's information

    To be subject to law, Hobbes argued, is to be deprived of liberty, as we understand it. In this respect, democratic governments are no different from others. Hobbes’s insight has not caused us to abandon our commitments to democracy, but it still challenges us to think hard about the nature of representative government, the nature of citizenship in a democratic society, and the conditions necessary for fulfilling the promise of democratic citizenship. Two recent trends are evident. Some citizens have embraced a more active sense of citizenship, which necessarily entails a more insistent need for information, while governments have insisted on the need for greater concentration of governmental power and a higher degree of secrecy. Much is to be learned from the approaches that various national and transnational regimes have taken with respect to this problem. This essay will consider the problem of access to government information from a comparative perspective and as a problem for constitutional theory and socio-legal studies.


Barry Sullivan
Cooney & Conway Chair in Advocacy and Professor of Law, Loyola University Chicago School of Law.
Article

The Combination of Negative with Positive Constitutionalism in Europe

The Quest of a ‘Just Distance’ between Citizens and the Public Power

Journal European Journal of Law Reform, Issue 1 2011
Keywords democracy, constitutionalism, totalitarism, fundamental rights, judicial review
Authors Cesare Pinelli
AbstractAuthor's information

    The article is focused on European constitutionalism as resulting from the transformations following the experiences of totalitarian states. The notion of democracy was then significantly re-shaped, to the extent that democratic devices (federalism and sometimes referendum) were introduced with a view to balance the excesses of a purely representative democracy. The recognition of social rights and of human dignity reacted against totalitarism and, on other hand, against the individualistic notion of rights affecting the XIX century’s constitutionalism. Constitutional review of legislation was introduced, thus overriding the myth of parliamentary sovereignty, particularly the idea of parliament as the sole authority capable of granting fundamental rights.


Cesare Pinelli
Cesare Pinelli is Professor of Constitutional Law in the Faculty of Law, La Sapienza University of Rome.
Article

In the Judicial Steps of Bolívar and Morazán?

Supranational Court Conversations Between Europe and Latin America

Journal European Journal of Law Reform, Issue 1 2011
Keywords courts, dialogue, integration, regionalism, case-law
Authors Allan F. Tatham
AbstractAuthor's information

    This paper explores the issues of judicial dialogue and constitutional migrations between the European Court of Justice (‘ECJ’) and Latin American regional courts. It considers the impact of the ECJ’s ‘constitutional’ case-law regarding supremacy and direct effect on the decisions of the Central American Court of Justice (‘CCJ’) and the Court of Justice of the Andean Community (‘ACCJ’). The study proceeds from a brief exposition of the legal aspects of the EU model of integration, before moving to identify the main factors which led to the selection of Latin American courts and to outline the background to integration in the two sub-regions. In addressing the CCJ and ACCJ, a short history and sketch of their jurisdiction is given before examining the impact of the migration of the integrationist activism of the ECJ on these regional judicial institutions.


Allan F. Tatham
Péter Pázmány Catholic University, Budapest, Hungary. The usual disclaimer applies.
Article

Competing Constitutional Ideals in the United States’ Force Majeure-Federalism Cases

Calling the Shots in Disaster Management

Journal European Journal of Law Reform, Issue 1 2011
Keywords federalism, force majeure, disaster, commerce clause, necessary and proper clause
Authors Riddhi Dasgupta
AbstractAuthor's information

    Structure is no less important than substance in the long run. When dealing with disaster management, what is truly national and what is truly local? Disasters are the “perfect” time, if only because of the confusion they sow and/or witness, for the central government to usurp some sovereign powers of its constituent states (and sometimes vice versa). This article examines where, in the American model with its strong federalism tradition, the constitutional tipping point lies. The article conveys the practical imperatives of federalism and why ordinary citizens should care: a federalist structure to promote democratic participation and the carrying out of democratic will by splitting up authority and stopping any one layer of government from becoming too powerful or making it a dysfunctional appendage. That has special significance in the disaster context, of course, and there is no better kaleidoscope than the recent Gulf of Mexico oil spill.


Riddhi Dasgupta
Doctoral student (Expropriation in International Investment Regimes), University of Cambridge.
Article

Judicial Activism

Usurpation of Parliament’s and Executive’s Legislative Functions, or a Quest for Justice and Social Transformation

Journal European Journal of Law Reform, Issue 2 2011
Keywords judicial activism, separation of powers, constitutional interpretation
Authors Reyneck Matemba
AbstractAuthor's information

    This article examines the concept of judicial activism in relation to the courts’ role of interpreting legislation, particularly focusing on the courts’ function of interpreting the Constitution. It specifically examines modes of constitutional interpretation obtaining in RSA and Nigeria, by focusing on selected judicial decisions by superior courts in the two countries. It also examines constitutional provisions governing the interpretation of the Constitution (Bill of Rights) and legislation as provided for in the Constitution of RSA and that of Nigeria. It also makes a comparative examination of judicial approaches to the interpretation of socio-economic rights enshrined in the Constitution of each of the two countries, specifically focusing on the rights to health and housing.The article observes that the concept of judicial activism is a necessary tool for attaining justice and achieving social transformation.


Reyneck Matemba
Reyneck Thokozani Matemba is a member of the Malawi Law Society and the Commonwealth Association of Legislative Counsel (CALC) and works as an Assistant Chief Legislative Counsel for the Ministry of Justice, Malawi.
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