This book considers whether the potential of democracy following the end of the Cold War was diminished by technocratic, judicial control of politics in the new democracies of Central and Eastern Europe. It explores the complexities and drawbacks of modern constitutionalism by offering a comprehensive theoretical and comparative-empirical assessment of the status and role of constitutionalism in five new EU Member States. The democratization of countries in Central and Eastern Europe has been guarded by constitutions and constitutional courts. This book examines the implications of powerful courts and rigid constitutions for the democratic engagement of citizens and the political authority of politicians. Using an interdisciplinary and comparative approach, the book analyses the historical emergence of powerful constitutional institutions in the Czech Republic, Hungary, Poland, Romania and Slovakia. The author argues that the democratic promise of 1989 largely lost out to a technocratic and top-down view of judicial control of politics – a state of affairs reinforced by EU accession. The current backlash in countries such as Hungary and Romania indicates that the realization of democratization to the extent initially expected might be ever more remote in some new democracies. New Democracies in Crisis? will be of interest to students and scholars of European Union politics, democratization studies, European constitutionalism, socio-legal studies, governance and comparative politics.
Provides a detailed analysis of democracy in Europe, with a focus on the new member states, and makes an important and original contribution to the debate on the future of European democracy.
In the realm of the law of international organizations and treaty law, few commentators have made a more significant contribution than Paul C. Szasz. In his years of distinguished service at the U.N., and in his subsequent career as a prominent consultant to international institutions, he has mastered a highly specialized body of knowledge that allows him to study the inner and outer workings of the international legislative, administrative, and judicial processes with unique and compelling authority. His incisive essays, always deeply informed with first-hand experience, have gone directly to the heart of the most vital international legal issues of our time. This volume gathers twenty-one essays that will be of inestimable value to the entire community of public international lawyers. With penetrating insight Szasz exposes the institutional underpinnings affecting such international law matters as: law-making in international organizations, the obligation to arbitrate, monitoring treaty compliance, UN system "complexification," sanctions, the advisory competence of the World Court, the legal liability of diplomats, peacekeeping intervention, and the role of NGOs. Specific facts and events-such as the U.S. action in the 1988 PLO mission controversy, developments in the safeguards regime of the International Atomic Energy Agency, the Kosovo Conflict, the Dayton Accords, and the Namibian peace process-provide a firm topical basis for the author's analysis of policy, practice, and theory in this little-understood but crucially important area of international governance. Published under the Transnational Publishers imprint.
Develops a critical theory of postnational constitutionalism at a time when the project of integrating Europe's peoples through the rule of law is faltering. Spanning many bodies of EU jurisprudence, Linden-Retek devotes specific attention to migration and asylum--struggles where questions of solidarity and belonging are most acute.
This book takes a fresh look at the external relations of the European Union (EU) and in particular the Common Foreign and Security Policy (CFSP). Rather than focusing exclusively on the competence aspects of the institutions and actors, the book makes the case that the CFSP can be understood as a system of governance, which produces effects beyond the traditional tools associated with foreign policy. The theoretical approach draws on insights from new institutionalism, constructivism and the institutional theory of law and emphasises how the institutionalised forms of cooperation in the external sphere contribute to a social reality in which the ‘added value’ of the CFSP can be seen. Paul James Cardwell takes the Euro-Mediterranean Partnership (EuroMed) as a case study. Not initially a CFSP project, EuroMed has become the frame for EU foreign policy in the region as an emerging system of governance in which the EU institutions play a central role. Having recently been relaunched as the Barcelona Process: Union for the Mediterranean, it is a topical subject. With the increasing importance of migration on the EU’s agenda, the book looks at the relationship between migration, EuroMed and the CFSP and argues that the legal effects of the CFSP can be felt beyond the Treaty-based instruments. EU External Relations and Systems of Governance will be of interest to students and scholars of Law, Politics and European studies researching in the dynamic fields of EU external relations and foreign policy, as well as policy-makers and non-governmental organisations striving to better understand how the EU and its systems of governance operate.
Drawing on sociological theories to assist understanding of how political power operates in the cultural sphere, The Sociology of Architecture frames the discipline as a field of symbolic and material conflict over social identities. This volume contests the notion of architecture as an apolitical endeavor and suggests that major architectural projects can act as tangible expressions of the ultimately contested nature of collective identities, thus shedding light on how those with power both legitimate and mark their position in the world.
Outlining a wide range of instructional strategies for different student audiences, Teaching International Law presents guidelines and recommendations on best practices for teaching public international law at undergraduate and postgraduate levels, as well as part of law schools and legal training programs.
Respected as the definitive textbook on the subject, this is the stand-alone guide to EU law. The world-renowned authors offer the ideal balance of commentary, key cases, and materials to provide the most authoritative coverage and analysis. This UK version also includes sections showing how principles apply or don't apply to the UK post-Brexit.
The phenomenon of ‘agencification’ describes the EU legislator’s increasing establishment of European agencies to fulfil tasks in a variety of EU policies. The creation of these decentralised administrative entities raises a number of questions; for example, on the limits to such delegation of powers, on the agencies’ institutional development and possible classification, and on the role of comitology committees as an institutional alternative. This book examines the EU’s ‘agencification’ with regard to these questions, on the basis of and with reference to which the focus is laid on the European agencies operating in the field of financial market risk governance. This analysis not only encompasses the three European Financial Market Supervisory Authorities (the ESAs), but also takes into account the institutional change brought about by the Banking Union, more specifically the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism (SRM). While the SRM sets in place a new European agency, the Single Resolution Board (SRB), the SSM establishes and empowers a new body within the organisation of the European Central Bank (ECB), the Supervisory Board. By exploring the organisation, the tasks and the powers of these actors in financial market regulation and supervision, the book points at the current peak of the institutional development of European agencies and assesses organisation and unprecedented powers with a view to their compliance with EU law, in particular the Treaties and the respective case law of the European courts. As an evaluation of various aspects of the progressing centralisation of regulatory power on the EU level, which is exercised by an increasingly decentralised administrative apparatus, this book will be of great interest and use to students and scholars of EU law, financial law and regulation, and European politics.
The view that international law functions independently of municipal law (hermetically), does not reflect contemporary international practice. Instead, international law in the modern era engages intensively and extensively in projects that occupy areas traditionally governed by municipal law, such as business regulation as well as the rights and duties of persons. The resulting overlap in legal dominions requires a new conceptualization of the relationship between international and municipal law. This book explores the mechanisms employed to allocate authority to international and municipal law in international disputes. Taking a broader view, this course explores the work of international bodies, domestic courts, and informal dispute resolution, including diplomacy and the use of coercive measures. It identifies the mechanisms used to manage the overlapping dominions of international and municipal law as pooling, referral, and nesting. In the final chapter, the book explores how different opportunities and ambitions for international law can affect the use of these mechanisms in particular international disputes.
This exhaustive reference includes new chapters and pedagogical features, as well as—for the first time—content on managing fragility factures. To facilitate fast, easy absorption of the material, this edition has been streamlined and now includes more tables, charts, and treatment algorithms than ever before. Experts in their field share their experiences and offer insights and guidance on the latest technical developments for common orthopaedic procedures, including their preferred treatment options.
Provides an empirical investigation of foreign policy decision-making in the EU-15. The authors examine collective decision-making within national governments and in intergovernmental negotiations.
Historical Imagination defends a phenomenological and hermeneutical account of historical knowledge. The book’s central questions are what is historical imagination, what is the relation between the imaginative and the empirical, in what sense is historical knowledge always already imaginative, how does such knowledge serve us, and what is the relation of historical understanding and self-understanding? Paul Fairfield revisits some familiar hermeneutical themes and endeavors to develop these further while examining two important periods in which historical reassessments or re-imaginings of the past occurred on a large scale. The conception of historical imagination that emerges seeks to advance beyond the debate between empiricists and postmodern constructivists while focusing on narrative as well as a more encompassing interpretation of who an historical people were, how things stood with them, and how this comes to be known. Fairfield supplements the philosophical argument with an historical examination of how and why during late antiquity, early Christian thinkers began to reimagine their Greek and Roman past, followed by how and why renaissance and later enlightenment figures reimagined their ancient and medieval past.
This book presents the case that liberal constitutionalism in the global South is a legacy of colonialism and is inappropriate as a means of securing effective peace in regions that have been subject to recurrent conflict. The work demonstrates the failure of liberal constitutionalism in guaranteeing peace in the postcolonial global South. It develops an alternative, more compelling constitutionalism for peacebuilding in conflicted regions. This is based on constitutionalism that recognises plurality as a major feature in the global South. Drawing on events in Nigeria, it develops a constitutional model, based on Cognitive Justice, which could deliver peace by addressing historic, conceptual, legal, institutional and structural issues that have created social inequality and injustice. The study also incorporates insights from the development of plurinational constitutions in South America. The book will be an invaluable resource for researchers, academics and policy-makers with an interest in constitutional legal theory, peacebuilding and postcolonial studies
Since its first edition over 60 years ago, Rockwood and Green’s Fractures in Adults has been the go-to reference for treating a wide range of fractures in adult patients. The landmark, two-volume tenth edition continues this tradition with two new international editors, a refreshed mix of contributors, and revised content throughout, bringing you fully up to date with today’s techniques and technologies for treating fractures in orthopaedics. Drs. Paul Tornetta III, William M. Ricci, Robert F. Ostrum, Michael D. McKee, Benjamin J. Ollivere, and Victor A. de Ridder lead a team of experts who ensure that the most up-to-date information is presented in a comprehensive yet easy to digest manner.
Offering expert, comprehensive guidance on the basic science, diagnosis, and treatment of acute musculoskeletal injuries and post-traumatic reconstructive problems, Skeletal Trauma, 6th Edition, brings you fully up to date with current approaches in this challenging specialty. This revised edition is designed to meet the needs of orthopaedic surgeons, residents, fellows, and traumatologists, as well as emergency physicians who treat patients with musculoskeletal trauma. International thought leaders incorporate the latest peer-reviewed literature, technological advances, and practical advice with the goal of optimizing patient outcomes for the full range of traumatic musculoskeletal injuries. - Offers complete coverage of relevant anatomy and biomechanics, mechanisms of injury, diagnostic approaches, treatment options, and associated complications. - Includes eight new chapters dedicated to advances in technology and addressing key problems and procedures, such as Initial Evaluation of the Spine in Trauma Patients, Management of Perioperative Pain Associated with Trauma and Surgery, Chronic Pain Management (fully addressing the opioid epidemic), Understanding and Treating Chronic Osteomyelitis, and more. - Features a complimentary one-year subscription to OrthoEvidence, a global online platform that provides high-quality, peer-reviewed and timely orthopaedic evidence-based summaries of the latest and most relevant literature. Contains unique, critical information on mass casualty incidents and war injuries, with contributions from active duty military surgeons and physicians in collaboration with civilian authors to address injuries caused by road traffic, armed conflict, civil wars, and insurgencies throughout the world. - Features important call out boxes summarizing key points, pearls and pitfalls, and outcomes. - Provides access to nearly 130 instructional videos that demonstrate principles of care and outline detailed surgical procedures. - Contains a wealth of high-quality illustrations, full-color photographs, and diagnostic images. - Enhanced eBook version included with purchase. Your enhanced eBook allows you to access all of the text, figures, and references from the book on a variety of devices.
Provides a detailed analysis of democracy in Europe, with a focus on the new member states, and makes an important and original contribution to the debate on the future of European democracy.
This book considers whether the potential of democracy following the end of the Cold War was diminished by technocratic, judicial control of politics in the new democracies of Central and Eastern Europe. It explores the complexities and drawbacks of modern constitutionalism by offering a comprehensive theoretical and comparative-empirical assessment of the status and role of constitutionalism in five new EU Member States. The democratization of countries in Central and Eastern Europe has been guarded by constitutions and constitutional courts. This book examines the implications of powerful courts and rigid constitutions for the democratic engagement of citizens and the political authority of politicians. Using an interdisciplinary and comparative approach, the book analyses the historical emergence of powerful constitutional institutions in the Czech Republic, Hungary, Poland, Romania and Slovakia. The author argues that the democratic promise of 1989 largely lost out to a technocratic and top-down view of judicial control of politics – a state of affairs reinforced by EU accession. The current backlash in countries such as Hungary and Romania indicates that the realization of democratization to the extent initially expected might be ever more remote in some new democracies. New Democracies in Crisis? will be of interest to students and scholars of European Union politics, democratization studies, European constitutionalism, socio-legal studies, governance and comparative politics.
This new book examines the economic foundations of the European Union and seeks to give the reader a solid grounding of the core concepts that explain why EU law looks and works as it does. Law and Economics of the European Union emphasizes case law and comparisons to analogous doctrines and problems that arise in the implementation of U.S. federalism. The authors strike a balance between the "constitutional" aspects of the EU--the establishment and the delineation of the institutions, with emphasis on their powers vis-^à-vis the states that make up the Union--and the regulatory product of the European Community, in particular the law that implements the freedom of movement of goods, services, persons, and capital. The final chapter looks at competition law in the EU, with multiple comparisons to U.S. antitrust law. This book reflects the authors' judgment that the EU, as an institution and the source of a body of law, has played, and will continue to play, an important role in contemporary international and business life.
How long have psychotherapists been depicted in films? Nearly as long as there have been films—or psychotherapists, for that matter. This isn’t surprising if one considers that the Freudian revolution in psychology and the invention of motion pictures occurred at about the same time. What may be surprising is the sheer number of times that psychotherapists, in their many guises, have shown up in the movies and how their depiction has reflected changing social attitudes about psychotherapy over the last century. This comprehensive worldwide filmography examines over 5000 movies. Films in which mental health professionals appear, or in which others act in that capacity, are listed alphabetically. A preface explains the criteria for a film’s inclusion, and a lengthy introduction and guide to the filmography explores the changing social attitudes mirrored by the movies. Appendices list the titles by decade; alternate titles for many films; recent releases; and qualifying adult films.
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