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Democracy As An International Obligation Of States And Right Of The People

Author: Linda Wittor
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
ISBN: 9783631674468
Size: 18.98 MB
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There is a clear development towards the acknowledgement of democracy as a universal concern. States and international organisations openly support democracy and condemn setbacks in democratisation and consolidation of democracy. But how far does this development go? The author sheds light on the question of an international obligation of states to promote and protect democratic structures as well as a corresponding right of the people. Coming to the conclusion that such norms exist in certain regions and are emerging universally, the author further analyses whether this challenges existing rules of international law, namely the prohibition of the use of force and intervention. Lastly, it is dealt with the question of whether and how such a norm could be enforced under existing mechanisms.

Constitutionalism And Democracy

Author: Douglas Greenberg
Publisher: Oxford University Press on Demand
ISBN: 0195071077
Size: 41.60 MB
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The American Council of Learned Societies comparative constitutionalism papers.

The Democratic Legitimacy Of International Law

Author: Steven Wheatley
Publisher: Bloomsbury Publishing
ISBN: 1847315860
Size: 74.78 MB
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The objective of this work is to restate the requirements of democratic legitimacy in terms of the deliberative ideal developed by JÃ1⁄4rgen Habermas, and apply the understanding to the systems of global governance. The idea of democracy requires that the people decide, through democratic procedures, all policy issues that are politically decidable. But the state is not a voluntary association of free and equal citizens; it is a construct of international law, and subject to international law norms. Political self-determination takes places within a framework established by domestic and international public law. A compensatory form of democratic legitimacy for inter-state norms can be established through deliberative forms of diplomacy and a requirement of consent to international law norms, but the decline of the Westphalian political settlement means that the two-track model of democratic self-determination is no longer sufficient to explain the legitimacy and authority of law. The emergence of non-state sites for the production of global norms that regulate social, economic and political life within the state requires an evaluation of the concept of (international) law and the (legitimate) authority of non-state actors. Given that states retain a monopoly on the coercive enforcement of law and the primary responsibility for the guarantee of the public and private autonomy of citizens, the legitimacy and authority of the laws that regulate the conditions of social life should be evaluated by each democratic state. The construction of a multiverse of democratic visions of global governance by democratic states will have the practical consequence of democratising the international law order, providing democratic legitimacy for international law.

The Pillars Of Global Law

Author: Giuliana Ziccardi Capaldo
Publisher: Routledge
ISBN: 1317021347
Size: 11.26 MB
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This book deals with the transformation of the international legal system into a new world order. Looking at concepts and principles, processes and emerging problems, it examines the impact of global forces on international law. In so doing, it identifies a unified set of legal rules and processes from the great variety of state practice and jurisprudence. The work develops a new framework to examine the key elements of the global legal system, termed the 'four pillars of global law': verticalization, legality, integration and collective guarantees. The study provides an in-depth analysis of the differences between traditional international law and the new principles and processes along which the universal society and world power are organized and how this is related to domestic power. The book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.

Constitutional Violence

Author: Antoni Abat i Ninet
Publisher: Edinburgh University Press
ISBN: 074867537X
Size: 40.89 MB
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Western political systems tend to be 'constitutional democracies', dividing the system into a domain of politics, where the people rule, and a domain of law, set aside for a trained elite. Antoni Abat i Ninet strives to resolve these apparently exclusive

Rationing And Resource Allocation In Healthcare

Author: Ezekiel Emanuel
Publisher: Oxford University Press
ISBN: 0190200774
Size: 46.85 MB
Format: PDF
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You have one liver but three patients awaiting a liver transplant. Who should get the liver? How should we decide? Is it fair to give it to an alcoholic? These are some of the questions that arise in rationing scarce health care resources among particular individuals. Tough resource allocation decisions need to be made at the level of health policy. Budgets of governments and private insurances are limited. Not all drugs and services that appear beneficial to patients or physicians can be covered. Is there a core set of benefits that everyone should be entitled to? If so, how should this set be determined? Are fair decisions just impossible, if we know from the outset than not all needs can be met? Bioethics is entering a new era. Its early work has been dominated by a focus on clinical issues and a narrow set of principles. But in recent years, there has been a marked shift towards addressing broader population-level issues, requiring consideration of more demanding theories in philosophy, political science, economics and further disciplines. At the heart of bioethics' new orientation is achieving clarity on a complex set of questions in rationing and resource allocation. This Anthology comprises 15 original introductions to discrete case studies and issues, followed by excerpts of seminal or otherwise pertinent texts and will be divided into three broad sections - Conceptual Distinctions and Ethical Theory; Rationing; and Resource Allocation. The collection aims to assist all those wanting to be a part of bioethics' 21st century shift, including students in health sciences, philosophy, law and medical ethics; teachers, looking for salient cases and authoritative analyses from multiple perspectives; and practitioners and policy makers interested in reflecting on their daily work, or engaged in shaping future policy and practice. This volume is a reader containing the most important classic articles surrounding the theoretical and practical issues related to rationing and how to allocate scare medical resources. They will be drawn from various places including academic journals, government reports, and popular media. The book will be divided into three broad sections - Conceptual Distinctions and Ethical Theory; Rationing; and Resource Allocation. Each section begins with an introduction and some case studies. Within those three sections will be 16 chapters, with each chapter containing an introduction by the editors, followed by excerpts from the relevant articles, and then questions for discussion and a list of further reading.

Protecting Democracy

Author: Morton H. Halperin
Publisher: Lexington Books
ISBN: 9780739108246
Size: 14.27 MB
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Over the past several decades, democracy has taken root or been re-established in a number of countries with support from other democratic states and private groups. While the increase in the number of democracies worldwide has been widely heralded, very little has been written on how democracy can be protected and sustained where it has been chosen by the people of a state. In this first comprehensive guide to preventing and responding to threats to coups and erosions in democracies. Through case studies and in-depth analyses, this book provides legal and policy justification for these processes and discusses how they can be made more effective, combining the findings of an international task force on threats to democracy with contributions from leading scholars and policymakers.