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Articles 91 - 103 of 103
Full-Text Articles in Comparative and Foreign Law
Federalism And Liberalism, Mark Tushnet
Federalism And Liberalism, Mark Tushnet
Cardozo Journal of International and Comparative Law
The article explores the role of federalism within the context of John Rawls' political liberalism, arguing that while federal systems are inherently unstable and tend toward centralization, certain institutional designs and a formalist legal culture can slow this drift. Federalism is particularly suited to societies with reinforcing pluralist differences, offering a framework that allows diverse groups to coexist while maintaining stability.
The German Duality Of State And Society, David Abraham
The German Duality Of State And Society, David Abraham
Cardozo Journal of International and Comparative Law
The article argues that the United States should consider supplementing its property-based negative rights regime with citizenship-based positive rights, drawing on the German constitutional model. It contends that negative rights, which focus on freedom from state interference, are insufficient in addressing systemic inequality and fostering meaningful participation in a democratic society. In contrast, Germany's constitutional framework, rooted in a communitarian ethos, emphasizes positive rights and duties, ensuring that rights are not only protected but also effectively realized through state action. This approach, the article suggests, offers a more equitable and inclusive vision of rights and citizenship.
The Economic And Political Logic Of Mass Privatization In Czechoslovakia And Poland, George Bogdan
The Economic And Political Logic Of Mass Privatization In Czechoslovakia And Poland, George Bogdan
Cardozo Journal of International and Comparative Law
The article examines the mass privatization programs implemented in Czechoslovakia (later the Czech Republic) and Poland during their transitions from communism to democracy and capitalism. It compares the design, implementation, and outcomes of these programs, highlighting the economic and political factors that shaped their approaches. The analysis focuses on how the unique historical, economic, and political contexts of each country influenced their privatization strategies and the effectiveness of these strategies in achieving marketization and institutional reform.
The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi
The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi
Cardozo Journal of International and Comparative Law
The new Russian Constitution incorporates a comprehensive catalogue of human rights, largely mirroring international standards and Western democracies, while retaining elements influenced by Soviet tradition. It rejects the socialist notion that rights are state-granted, declaring them inalienable and innate. However, the Constitution’s effectiveness in protecting these rights remains uncertain, as its success hinges on the judiciary’s ability to enforce them independently, despite historical weaknesses and ongoing concerns about judicial autonomy.
Per Humanitatem Ad Pacem: International Humanitarian Norms As A Jurisprudence Of Peace In The Former Yugoslavia, Mark R. Von Sternberg
Per Humanitatem Ad Pacem: International Humanitarian Norms As A Jurisprudence Of Peace In The Former Yugoslavia, Mark R. Von Sternberg
Cardozo Journal of International and Comparative Law
No abstract provided.
Social Legislation In The European Community And In The Member States-A Case Of Subsidiarity?, Reinhard Rack
Social Legislation In The European Community And In The Member States-A Case Of Subsidiarity?, Reinhard Rack
Cardozo Journal of International and Comparative Law
The article examines the principle of subsidiarity within the European Community (EC), highlighting its role in balancing power between the EC and its Member States. While subsidiarity, formalized in the Maastricht Treaty, aims to ensure decision-making occurs at the most effective level, its application often serves political rather than legal purposes, particularly in social legislation. The article critiques the ambiguity of subsidiarity, questioning whether it effectively limits EC power or remains a political tool influenced by public opinion and referendums. It also explores the integration of non-Member States, such as EFTA countries, into the EC framework, emphasizing the challenges of …
Dirigisme And The Challenge Of Competition Law In France, David J. Gerber, Richard Azarnia
Dirigisme And The Challenge Of Competition Law In France, David J. Gerber, Richard Azarnia
Cardozo Journal of International and Comparative Law
The article examines the tension between France's dirigiste traditions and the introduction of competition law, particularly through the 1986 Competition Statute. While the statute aimed to establish legal principles to protect competition and reduce government discretion, the enduring influence of dirigisme—emphasizing state control and administrative prerogatives—continues to challenge the effectiveness of competition law. The *Ville de Pamiers* case highlights this conflict, as it tests the boundaries of competition law's applicability to public services and administrative acts. The analysis reveals that the struggle to balance competition law with dirigiste traditions reflects broader conflicts in redefining the role of government in a …
The Crisis Of Unemployment And The Future Of Reform In Central And Eastern Europe: Hungary As A Model, Alisa Yamnarm
The Crisis Of Unemployment And The Future Of Reform In Central And Eastern Europe: Hungary As A Model, Alisa Yamnarm
Cardozo Journal of International and Comparative Law
The transition from socialism to capitalism in Central and Eastern Europe has brought significant economic and social challenges, including unemployment, social instability, and a decline in living standards. While countries like Hungary have made notable progress in privatization and attracting foreign investment, the region as a whole faces critical trade-offs between rapid reform and easing social burdens. The success of these transitions depends on addressing systemic issues such as weak institutional frameworks, inadequate managerial expertise, and the need for patience among citizens to realize the long-term benefits of reform.
Enterprise Liability For "Environmental Damage" In German Law And Ec Law, Gert Brüggemeier
Enterprise Liability For "Environmental Damage" In German Law And Ec Law, Gert Brüggemeier
Cardozo Journal of International and Comparative Law
The article explores the evolution of enterprise liability in German law, emphasizing its shift towards organizational defects and management systems. It highlights the integration of ecoaudits and environmental management systems to enhance protection, blending strict and fault-based liability. While effective in preventing damage, the system faces challenges in addressing environmental harm due to evidentiary burdens on victims.
Federalism: An Architecture For Freedom, Siegfried Wiessner
Federalism: An Architecture For Freedom, Siegfried Wiessner
Cardozo Journal of International and Comparative Law
The article presents federalism as a flexible and effective system for organizing power, emphasizing its relevance in promoting freedom and managing diversity. It argues that federalism, while often misunderstood, offers a viable framework for structuring governance in diverse and restructured communities, particularly in the context of the New Europe.
Revenue Sharing In The Canadian Federation: Some Pitfalls Of Fiscal Decentralization, Paul A. R. Hobson
Revenue Sharing In The Canadian Federation: Some Pitfalls Of Fiscal Decentralization, Paul A. R. Hobson
Cardozo Journal of International and Comparative Law
No abstract provided.
An Emerging Conception Of Fundamental Rights In Contemporary Russia, Mary Holland
An Emerging Conception Of Fundamental Rights In Contemporary Russia, Mary Holland
Cardozo Journal of International and Comparative Law
The article explores the emergence of a new conception of fundamental rights in post-Soviet Russia, marking a significant shift from a totalitarian regime to a more democratic, rule-of-law-based system. This transformation is evident through the adoption of key legal documents: the Declaration of Rights and Freedoms, the Conception of Judicial Reform, and the Law on the Constitutional Court. These reforms reflect a rejection of the Soviet legal tradition, alignment with international human rights standards, and a re-emergence of pre-revolutionary Russian legal ideals. The article argues that these developments signify a fundamental change in the Russian legal framework, emphasizing individual rights …
Privatization And Economic Rights In Central Europe, Robert Jystad
Privatization And Economic Rights In Central Europe, Robert Jystad
Cardozo Journal of International and Comparative Law
The article advocates for the reevaluation and adaptation of economic rights in the context of Eastern Europe's transition from communism to market economies, particularly focusing on the challenges posed by privatization. It critiques the U.N.'s approach to full employment as overly idealistic and proposes a Rawlsian principle of fairness, emphasizing equality of opportunity and nondiscrimination, to guide economic reforms. The analysis examines legislative responses in Poland, Hungary, and the Czech and Slovak Federal Republic (CSFR), highlighting the tension between economic reform and social protections. The article concludes that the success of these transitions depends on addressing unfair asset distribution and …