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The battles between proponents and opponents of judicial supremacy have recently intensified in the US and also in Europe. I summarise the debates in political philosophy, legal theory and ... Social and Political Philosophy (Faculty of Humanities) and of Sociology (Faculty of Social Sciences) at the University from anonymous reviewers and from Leonard Besselink, Nik de Boer, Bas Schotel, Marcel
fundamental rights. It uses the political philosophy of John Rawls to assess why we should attach priority to certain rights and which rights should therefore be considered fundamental rights. On this basis it ... important, and be very careful in allowing restrictions on fundamental rights for the purpose of protecting this market access. This article uses the political philosophy of John Rawls and his philosophical
Online political microtargeting involves monitoring people’s online behaviour, and using the collected data, sometimes enriched with other data, to show people-targeted political advertisements ... . Introduction Political campaigns are increasingly combining data-driven voter research with personalised political advertising: online political microtargeting.1 Through political microtargeting, a political
? needs used within the political debate may be featured as a homogeneous concept, the legal traditions that need to host victim-oriented arrangements differ. Indeed, the apparent political consensus with ... Victim Support was, however, felt to be beneficial.41 Nevertheless, the expansion of the oral VIS remained a contentious issue within the Dutch debate. In the wake of the political debate with regard to
If architecture is politics, then the rise of data-driven computing systems will transform the course, if not the conditions of possibility for the political. Provoked by the work of artists Ruti ... Toronto Law Journal, no. 2, pp. 196-224. R. Sela & M. Amir (eds.), Extraterritorialities in Occupied Worlds (2016). The distinction between 'politics' and 'the political' stems from C. Lefort, The Political
financial and migration crises, serves only to highlight the gap between rhetoric and reality. We identify two main reasons for this, namely a lack of legal competence and a lack of political will. We then ... greater calls for the EU to respond to these challenges, at the very time when there is a lack of significant political will to act. These problems are exacerbated by the fact that some perceive the EU to
a plan for overcoming them; but in Diogenes a political programme that cannot attain its own ends, and in Zeno a political solution that comes unmoored from its foundations. Today, the International ... defines the cosmopolitanism position as follows: ?The nebulous core shared by all cosmopolitan views is the idea that all human beings, regardless of their political affiliation, are (or can and should be
essential. The barriers and obstacles preventing a more extensive application of problem-solving criminal justice is also discussed, drawing on points connected to sentencing parameters, ‘political will’ and ... considerations of legal principle and sentencing parameters, issues of politics and ?political will? and on aspects of legal culture. It is argued there are legal cultural impediments to advancing this approach
In the run-up to the Re-Unification of the East and West Germany in the 1990's the governments faced a problem, how do we integrate two political systems without causing a collapse of the economy and ... the communist political system and his teachings shaped the concept of ownership throughout the USSR. Furthermore, as the study of the pre-1990s East German law will show, it was strongly influenced by
Constitutional conventions are rules of political practice accepted as binding by those concerned in the working of the constitution. This peculiar category of constitutional rules occupies an ... conventions are rules of political practice accepted as obligatory by those concerned in the working of the constitution.1 This category of rules occupies a position between mere political practice and
marginalization of intra-unit minorities. The article therefore examines the institutional, political, legal and policy safeguards that exist for intra-unit minorities. It proposes four mechanisms that aim to ... Ethiopia aims to empower politically mobilized ethno-national groups by granting territorial and political autonomy to some of the major groups at constituent unit and local level. The federal system
of an ?autonomous tradition? in political philosophy that adheres to the ideal of public space as a cooperative venture of autonomous individuals, only bound by the rules that they have set themselves ... development of Dutch administrative law, the ?autonomous? tradition of political and legal artificiality and abstract integrity can be clearly recognized in the legal thought of J.T. Buys (1826-1893) and J.A
express their personal views on religious, political or other subjects, whether it is through speech, writing, wearing religious symbols or membership of an association or church? In this article the limits ... opinions about political, religious, or other matters. The European Court of Human Rights (ECtHR), judges? organisations and several authors have adopted this line The freedom of the judge is a topical
governmental reason originating in the political economic criticism of the police state equips governance with the means of voluntary impotence and, placing the management of the economy at the centre of ... legislation might be reminiscent of Michel Foucault's claim that, as an unanticipated consequence of the inclusion of wo/men's biological life into politics, modern political struggles tend to centre on this
disciplining of judges empowers the judiciary at the expense of other political institutions within the State. Based on the analysis of these three judicial design issues, we conclude that the Strasbourg Court ... the Volkov case, the ECtHR did not explain why the Ukrainian judicial council, operating in a country plagued by widespread judicial corruption,102 which does not necessarily stem from political
on Cassirer's philosophy of symbolic forms, Shapiro's planning theory of law, and Wittgenstein's considerations on rule-following, this article aims to contribute to a description of the independent ... legitimacy in criminal proceedings is subject to a wide debate in the Netherlands, as elsewhere, with multifocal aspects. The legitimacy of criminal law is studied in political philosophy and the philosophy of
fundamentality of the EU Treaty freedoms. Based on Rawls? political philosophy, he comes to the conclusion that only where the Treaty freedoms protect equal opportunity, should they be seen as fundamental rights
best balance of rights and obligations under the framework defined by law. Their inspiration is drawn from moral, legal and political philosophy. They build their analysis around questions of what ought
(academic) and visual (artistic) perspectives. On the basis of artistic images produced by the Exterritory art project,5 authors whose expertise sits astride the disciplines of law and philosophy, have been ... bordered or enclosed land area but rather as a conceptual, spatial notion that has historical, geographic and political overtones.8 For our purposes, - territory is viewed as a mode and object of
methodology has been applied in the political sciences, sociology, organisational studies, economics, theology, empirical legal studies, education and genetics, and evolutionary studies.25 2.2 In search of a ... , sociology, consociatonalism and political sciences are also given. See also M. Niaz, ‘Competing research programs in science education; a Lakatossian approach’, (1993) 24 Interchange, no. 1-2, pp. 181-190 and