Advanced search    

Search: Political Philosophy

948 papers found.
Use AND, OR, NOT, +word, -word, "long phrase", (parentheses) to fine-tune your search.

Parliamentary Supremacy versus Judicial SupremacyHow can adversarial judicial, public, and political dialogue be institutionalised?

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 and the EU Internal Market: Just how Fundamental are the EU Treaty Freedoms?A Normative Enquiry Based on John Rawls’ Political Philosophy

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: Promises and Threats for Democracy

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

Federal Administration of Conservation in Australia: Co-operative Intent and Political Reality

FEDERAL ADMINISTRATION OF CONSERVATION IN AUSTRALIA: COOPERATIVE INTENT AND POLITICAL REALITY LUCAS L. BURNS 1 0 See Endangered Species Act of 1973 , 16 U.S.C 1 Articles Editor, University of ... Pennsylvania Journal of International Law , Vol. 32; J.D., 2011 , University of Pennsylvania Law School , USA Arising in the midst of distinctive political and ecological climates at different times during the

Political Participation and Democratic Transition in the Arab World

POLITICAL PARTICIPATION AND DEMOCRATIC TRANSITION IN THE ARAB WORLD LINA KHATIB 1 0 See Amaney Jamal , Actors, Public Opinion, and Participation, in T 1 Lina Khatib heads the Program on Arab Reform ... Arab Spring has brought about a fundamental change in the dynamics of political participation in the Arab world. Under the authoritarian systems in Tunisia, Egypt, Libya, Syria, and other Arab countries

The (Political) Pursuit of Victim Voice:(Comparative) Observations on the Dutch Draft on the Adviesrecht

? 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

The Virtuality of Territorial Borders

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

Challenging Political Boundaries in Post-Conflict States

CHALLENGING POLITICAL BOUNDARIES IN POST- CONFLICT STATES ANGELA M. BANKS 0 0 Assistant Professor, College of William & Mary, School of Law. J.D., Harvard Law School , 2000; M.Litt. , University of ... regulate the distribution of political, economic, and social power in ways that address the concerns and interests of the elite drafters. This has led to the adoption of constitutions that entrench the

Proceduralism, Civil Justice, and American Legal Thought

partakes of proceduralism). “Proceduralistic” also makes an occasional appearance in the law reviews. law,14 constitutional theory,15 the legislative process,16 political philosophy,17 legal theory,18 ... proceduralism as a malady, scholars rarely attempt to define these terms. Clarifying, or at least stipulating, the meaning of (examining the relationship between procedure and substance in political philosophy

The ‘Social Market Economy’ in a (Heterogeneous) Social Europe: Does it Make a Difference?

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

Between the Dog and the Divine: Resistance and conventionalism in cosmopolitanism

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

The Insular Cases: The Establishment of a Regime of Political Apartheid

THE INSULAR CASES: THE ESTABLISHMENT OF A REGIME OF POLITICAL APARTHEID BY JUAN R. TORRUELLA 0 Circuit Judge 0 0 article is based on remarks delivered at the University of Virginia School of Law ... ............. 1. INTRODUCTION In 1832 the German military theorist Carl von Clausewitz asserted that "war is simply a continuation of political intercourse, with the addition of other means." 2 This sentiment was

Problem-Solving Criminal Justice: Developments in England and Wales

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

Trust Law in the Process of Reunifying East and West GermanyHow a legal concept foreign to German law was the solution to merge a socialist and a capitalist economy between 1989 and the present

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

Neorepublikańska filozofia publiczna i model demokracji

Philosophy in Public Life: Civic Republicanism in Zapatero’s Spain, Princeton, Princeton University Press 2010; Ph. Pettit, Republican liberty: three axioms, four theorems, [w:] Republicanism and Political ... Public Philosophy and Model of Democracy This article presents a short analysis of the neorepublican political philosophy and examines two different republican projects: Michael Sandel’s public philosophy

The Legal Relevance of Constitutional Conventions in the United Kingdom and the Netherlands

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

Intra-Unit Minorities in the Context of Ethno-National Federation in Ethiopia

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

The Relational Turn in Dutch Administrative Law

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

The Freedom of the Judge to Express his Personal Opinions and Convictions under the ECHR

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

‘From shack to the Constitutional Court’The litigious disruption of governing global cities

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