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The integrative force of the Member States' status on the judicial function is expressed through the loyalty obligation to provide remedies sufficient to ensure effective legal protection in the fields covered by Union law (Art 19, par 1, subpar 2, TEU). Member States have to ensure access to the national judge, who has been entrusted with a European mandate, and who is in measure to cooperate with the Court of Justice through the preliminary reference procedure. The Member States establish in this way an integrated judicial function. The exercise of such a function by the national judge, in cooperation with the Court of Justice and under the control of the Member State, implies integrative dynamic, which however depends on the balancing exercise with national procedural autonomy and the margin of appreciation of the national judge.

This book throws new light on the way in which the Internet impacts on democracy. Based on Jürgen Habermas' discourse-theoretical reconstruction of democracy, it examines one of the world's largest, most diverse but also most unequal democracies, Brazil, in terms of the broad social and legal effects the internet has had. Focusing on the Brazilian constitutional evolution, the book examines how the Internet might impact on the legitimacy of a democratic order and if, and how, it might yield opportunities for democratic empowerment. The book also assesses the ways in which law, as an institution and a system, reacts to the changes and challenges brought about by the Internet: the ways in which law may retain its strength as an integrative force, avoiding a 'virtual' legitimacy crisis.--

A unique primer on quantitative methods as applied to Islamic finance Introductory Mathematics and Statistics for Islamic Finance + Website is a comprehensive guide to quantitative methods, specifically as applied within the realm of Islamic finance. With applications based on research, the book provides readers with the working knowledge of math and statistics required to understand Islamic finance theory and practice. The numerous worked examples give students with various backgrounds a uniform set of common tools for studying Islamic finance. The in-depth study of finance requires a strong

Globalisation and the Rule of Law reassesses the idea of the 'rule of law' within the present complex and increasingly internationalized environment. There have been many books studying the phenomenon of globalization and its economic, social or cultural consequences. This book, however, is the first to relate globalization exclusively to law. It examines the impact of globalization upon the rule of law, a fundamental value within liberal democratic sovereign states. The book opens with three chapters discussing the theory of the rule of law and its necessary reconceptualizati.

While Professor of Law and Dean of the Faculty of Law at the University of Ghana from 1962 to 1964, the author personally observed the evolving legal order in Ghana during a crucial period in that country's development. Here, he considers statutes and judicial decisions. Working from the premise that law is a value-neutral technique of social ordering and derives its value content from a dominant elite, Professor Harvey places the important Ghanaian constitutional and legal developments in their social context. He concludes that although democratic values have dominated the basic structure of public power, autocratic values have determined the realities of political life in Ghana.Originally published in 1966.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Cover -- Half Title -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- Figures -- Tables -- Author Bios -- Preface -- Acknowledgments -- Prologue -- The Sociology of Law -- Forerunners -- Law and Society -- The Handling of Cases -- Notes -- References -- 1 The Geometrical Theory of Law -- The Theory -- The Quantity of Law -- Social Space -- Core Propositions -- A Scientific Theory -- Pure Sociology -- Reactions to the Theory -- Testing the Theory -- Qualitative Studies -- Quantitative Studies -- How Good Are the Tests? -- A Better Test -- Our Test -- The Baldus Study -- The Capital Jury Project -- The Houston Study -- Conclusion -- Appendix 1 -- The 38 Studies Included in Our Review of Prior Tests -- Notes -- References -- 2 Social Space -- The Geometry of Death -- Social Status, Social Distance -- Findings -- Downward Distance -- Executions -- Conclusion -- Sources for the Robin Owers Case -- Sources for the Nancy Adleman Case -- Appendix 2 -- Notes -- References -- 3 Social Time -- Seriousness and Science -- Social Time -- Movements of Social Time -- Applying the Theory -- The Seriousness of Murder -- The Death Penalty -- Online Hostility -- Conclusion -- Source for the Louis "Buddy" Musso Case -- Sources for the Tina McCann Case -- Appendix 3 -- Notes -- References -- 4 Space and Time: Third Parties -- Fact-Finding -- Investigation -- Witnesses -- The "Facts" -- Lawyers -- Extra-Legal Partisanship -- Prosecuting -- Slow Partisanship -- Law Enforcement Officers -- Sentencing -- Race and the Jury -- Juror Status -- Conclusion -- Sources for the Eric Nenno Case -- Sources for the Steven Green Case -- Appendix 4 -- Notes -- References -- 5 The Death Penalty and Beyond -- Pure Sociology -- The Geometrical Theory of Law -- Social Time -- Social Space -- Third Parties -- So What? -- Our Findings in Context -- Desocialization.

Can an order for a preliminary reference to the Court of Justice of the European Union (the Court), made by a lower instance national court, be subject to an appeal to a higher instance national court? To date, the Court has not been sufficiently clear on an answer to this exact question. The Court's Cartesio judgment mandated that national law could not permit a higher instance national court from varying an order for reference, setting aside an order for reference, or ordering the resumption of national proceedings whilst awaiting the return of the preliminary reference. However, the Court did not say that appeals against an order for reference, more generally, were incompatible, per se, with Union law. This article contends that such breadth given to higher instance national courts is contrary to the intent of Article 267 TFEU, which aims to ensure effective judicial dialogue between all national courts and the Court, uninterrupted by national law and practice. This article makes the case for ending this regime of undue deference to national procedural autonomy on this question, which is problematic in circumstances where the rule of law and judicial independence in all Member States cannot be assumed.

Diplomatic Immunity — In General — Immunity in Respect of Real Property.Treaties — Operation of — The United States of America — Construction of Treaties by Reference to Municipal Law — Meadquarters Agreement with the United Nations.United Nations — Diplomatic Immunity — Secretary of Delegation to United Nations — Action for Possession of Premises Occupied by Person Entitled to Diplomatic Status — Whether Municipal Court Entitled to Exercise Jurisdiction — The Law of the United States of America — Construction of Treaties by Reference to Municipal Law — Headquarters Agreement with the United Nations.

Intro -- Foreword: Marcelo Neves Between Hydra and Hercules -- Preface -- Contents -- Part I: Law, State and Global Crisis -- The Capitalist State in the Crisis of Global Capitalism -- 1 Crisis of Normative Orders -- 2 Capitalist State -- 3 Capitalism with Socialist Characteristics -- 4 Two Problems: ``Horizontal´´ Inequalities and Secular Stagnation -- 5 Political Victory of the Right and Future Perspectives -- References -- Towards a Global Rule of Law: Global Law in the Context of Law and Development Studies -- 1 Setting the Scene -- 2 Theorizing Justice or Rather: Addressing Injustice in Practice? -- 3 The Perspective of Law and Development -- 4 Rule of Law in a Global Context -- 5 The Venice Commission Setting the New European Standard -- 6 Towards Rule of Law and Development in a Global Setting -- References -- Part II: Symbolic Constitutionalization -- Symbolic Constitutionalization and Constitutional Debate in Chile -- 1 Politics and Law: The Constitution as Structural Coupling -- 2 Demands for Constitutional Changes in Chile -- 3 Symbolic Legislation -- 4 Symbolic Constitutionalization in Chile? -- 4.1 Functional Differentiation of Society and Fundamental Rights -- 4.2 Division of Powers and Difference Between Policy and Administration -- 4.3 Difficulties in the Process of Preparing the Constitution -- 5 Conclusions -- References -- A (More) Cosmopolitan Sociology of Constitutions: Marcelo Neves´ Theory of Symbolic Constitutionalization -- 1 Introduction -- 2 ``Brazil Does Not Exist!´´: Modern Society as World Society -- 3 Inclusion/Exclusion or Center/Periphery: Avoiding Misconceptions -- 4 Symbolic Constitutionalization: The Institutional Stabilization of Under- and Over-Citizenship -- 5 Conclusions -- References -- Constitutionalism Seen from the Periphery: A Perspective About the Contribution of Marcelo Neves -- 1 Introduction.

Chapter VII: The power of ""inner-legal conditions""Chapter VIII: Carriers of legal rationalization; Chapter IX: Religious powers, their orders and references to the analysis of religious communities; Chapter X: Political forces and the rationalization of law; Chapter XI: The substantive qualities of formal law and the endangerment of modern legal culture; Chapter XII: Bibliographical epilogue; References

2.2 The Extent of Polish Courts' Engagement in Judicial Dialogue on Human Rights2.2.1 The Legal Context of Judicial Dialogue: The Position of International Law in the Polish Legal Order; 2.2.2 Polish Courts' References to the Case Law of the ECtHR; 2.2.3 Polish Courts' References to the Jurisprudence of the CJEU; 2.2.4 Polish Courts' Engagement with Jurisprudence of Foreign Domestic Courts; 2.2.5 General Observations on the Extent of Polish Courts' References to International and Foreign Jurisprudence; 2.3 The Method of Polish Courts' Engagement in Judicial Dialogue

For nearly thirty-five years, the international legal community has relied on one ambitious yet humble volume as a starting point for legal questions. The Parry and Grant Encyclopaedic Dictionary of International Law, Third Edition offers a fully updated version of the classic red volume that has served as a one-of-a-kind reference tool bringing together both terminology and pertinent descriptive information on international law. This book will also be available online as an e-reference on the Oxford University Press Digital Reference Shelf.

According to several Member States Copyright regimes, laws and regulations should be publicly accessible, free of charge, as only free access complies with basic standards of democracy, rule of law and transparency. Indeed, legal text is generally exempted from Copyright protection. However, what should we do with privately created rules, i.e. technical standards incorporated in laws by reference? Are technical standards incorporated by reference 'law', and exempted from Copyright protection, or something else? On the contrary, if such technical standards are not 'law', but the result of private intellectual creativity, access may restricted. Generally, Standard-Setting Organizations have been charging for access to technical standards claiming copyright protection. However, from the recent James Elliott case, we now know that EU harmonized standards, i.e. technical standards referred to in certain EU directives, forms part of EU law and may be interpreted by the European Court of Justice. So, no copyright? European harmonized standards are freely available for copying, uploading and downloading? Well, it depends. Indeed, the James Elliot case raises interesting questions of both constitutional and commercial character in reference to the status of technical standards incorporated by reference in law, of which some are discussed in this article.