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Articles 1 - 6 of 6
Full-Text Articles in Law
Comparative Federalism And The Role Of Judiciary, Daniel Halberstam
Comparative Federalism And The Role Of Judiciary, Daniel Halberstam
Book Chapters
The distinctive feature of federalism is to locate the central and constituent governments' respective claims of organizational autonomy and jurisdictional authority within a set of privileged legal norms that are beyond the arena of daily politics. For the most part, the debate about the role of the judiciary as federal umpire has taken place within two separate disciplinary compartments: comparative politics and law. Building on recent e��orts to bring these two disciplines closer, this article provides a fresh look at three common criticisms of granting the central judiciary power to protect federalism. It argues that political safeguards of federalism are …
Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri
Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri
Pier Giuseppe Monateri
The Fault and the Law between East and West. In this article Monateri traces an unpreviewed parallel between two absolutely western paradigms and two remarkably chinese thoughts. First a parallel between Carl Schmitt and Xun Zi when the latter writes that “The superior man is the source of the Law” Secondo economic analysis and Lao Zi theory of law a san emerging order not a predetermined one.
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Cornell Law Faculty Working Papers
The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …
Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano
Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano
ILSA Journal of International & Comparative Law
The purpose of this article is to reflect on custom as a source of law in the Argentinean and comparative legal systems.
Cicero's Beloved Republic: The Insufficiency Of Expanded Humanistic Rhetoric In The Service Of Comparative Law, Richard O. Brooks
Cicero's Beloved Republic: The Insufficiency Of Expanded Humanistic Rhetoric In The Service Of Comparative Law, Richard O. Brooks
ILSA Journal of International & Comparative Law
We are now at the beginning of the twenty-first century. The United States, like Republican Rome two millennia earlier, teeters between becoming an expanded empire, a declining republic, or paradoxically, both.
Universal Jurisdiction And The Case Of Belgium: A Critucal Assessment, Roozbeh (Rudy) B. Baker
Universal Jurisdiction And The Case Of Belgium: A Critucal Assessment, Roozbeh (Rudy) B. Baker
ILSA Journal of International & Comparative Law
Praised in some quarters as a useful tool for bringing criminal perpetrators to justice, criticized by others as a threat to state sovereignty, universal jurisdiction has certainly emerged as a heated topic within international criminal law.