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Marinoni L: Constitutional Facts?

Constitutional Facts?

(Dis)covering Another Procedural Reality

This book presents a unique account of the social and political impacts of the German Basic Law on the German Republic from 1949 to the present day. It considers the way in which the history of the Federal Republic of Germany has been decisively influenced by its Constitution, the Basic Law of 1949, and by the jurisprudence of the Federal Constitutional Court. The book argues that the historiography of the Federal Republic does little to reflect this influence. The Basic Law is mentioned and so occasionally rulings of the Federal Constitutional Court. But the reader does not get the impression that they were of specific importance in Germany before and after reunification. Legal scholars, on the other hand, are concerned about the legal consequences of the Basic Law, but do not analyse its impact in the real world. There is, thus, a gap between the two disciplines - one not being familiar with social reality, the other not familiar with the normativity of the law. The history of the effectiveness of the constitution falls into this gap. In this book, Dieter Grimm, himself a Justice of the Federal Constitutional Court from 1987 to 1999 and an expert on interdisciplinary research in law, history and political science, guides the reader through important developments and events that were determined or influenced by the constitution and its judicial interpretation.

The Case of Germany's Basic Law

Constitutional Effectiveness

Hart Studies in Comparative Public Law

This book explores the argumentative style of the supreme courts in the Nordic countries (Denmark, Iceland, Finland, Norway, and Sweden). Its findings are based on empirical research involving 280 leading constitutional cases which demonstrate that the impact of a constitutional ruling often extends far beyond the cases actually adjudicated by the courts and that it is crucial to understand how judges justify their decisions in constitutional cases. In the cases researched, the authors identify and explain the common features of the Nordic constitutional reasoning, situating the Nordic experience within a broader comparative framework. The book compares these practices with those of non-Nordic jurisdictions, analysing whether and how the approaches of Nordic supreme courts align with each other and with global trends. This is made possible through the use of a well-established conceptual and methodological framework, adapted to the Nordic context. Key aspects of judicial reasoning are examined, including the emphasis placed on specific constitutional concepts, the use of non-legal arguments, the reliance on precedents, and the types of sources typically referenced - such as preparatory works, foreign legal materials, and academic writings. The book is aimed at anyone interested in the constitutional culture of the Nordic countries and informs normative debates on constitutional law, both in scientific and political discourse. It contributes to the global academic discourse on constitutional reasoning with a unique perspective from the Nordic countries, which have often been overlooked in comparative research.

An Empirical and Comparative Legal Perspective

Constitutional Reasoning in the Nordic Supreme Courts

This volume provides a nuanced analysis of the profound impact left by the dissenting opinion in the Tokyo Trial by Justice Radha Binod Pal's&nbsp;ideological stance on modern international criminal law. It consists of a detailed examination of this bold opinion on post-war justice that built the legacy of Justice Radha Binod Pal. Through an interdisciplinary perspective, this collection analyses the contemporary impact of Justice Pal's dissent and his ideologies and how they can impact contemporary dialogue in international law revolving around fairness, justice, accountability and inclusivity in international law and global power dynamics. It explores the intersection of his critique with contemporary concerns such as the decolonisation of international law, the legitimacy of global legal institutions, and the pursuit of a just world order. By engaging with issues such as territorial conflicts, and the role of legal pluralism, this volume aligns with the broader objectives of SDG16 (Peace, Justice, and Strong Institutions), offering a critical lens on how international law can evolve to promote equitable and transparent global governance. With contributions ranging from analysis of historical perspectives to examination of contemporary implications, the edited volume shall be essential for readers interested in international law and scholars established in the research field of international criminal law, international humanitarian law and human rights, fair global order and the evolving role of dissent, inclusivity, cultural and social contextualisation.

This volume provides a nuanced analysis of the profound impact left by the dissenting opinion in the Tokyo Trial by Justice Radha Binod Pal's&nbsp;ideological stance on modern international criminal law. It consists of a detailed examination of this bold opinion on post-war justice that built the legacy of Justice Radha Binod Pal. Through an interdisciplinary perspective, this collection analyses the contemporary impact of Justice Pal's dissent and his ideologies and how they can impact contemporary dialogue in international law revolving around fairness, justice, accountability and inclusivity in international law and global power dynamics. It explores the intersection of his critique with contemporary concerns such as the decolonisation of international law, the legitimacy of global legal institutions, and the pursuit of a just world order. By engaging with issues such as territorial conflicts, and the role of legal pluralism, this volume aligns with the broader objectives of SDG16 (Peace, Justice, and Strong Institutions), offering a critical lens on how international law can evolve to promote equitable and transparent global governance. With contributions ranging from analysis of historical perspectives to examination of contemporary implications, the edited volume shall be essential for readers interested in international law and scholars established in the research field of international criminal law, international humanitarian law and human rights, fair global order and the evolving role of dissent, inclusivity, cultural and social contextualisation.

Justice Radha Binod Pal's Dissent

Beyond Victor’s Justice and Pursuit of Sustainable Development in International Law

Springer-Lehrbuch

Der Larenz ist seit Jahren ein Klassiker unter den Lehrbüchern zur juristischen Methodenlehre. Um das Buch auch Studenten zugänglich zu machen, haben sich Autor und Verlag zur Publikation dieser gekürzten Studienausgabe des Buches aus der Enzyklopädie der Rechts- und Staatswissenschaften entschlossen. Neben der Aneignung von Kenntnissen in den einzelnen Rechtsgebieten und der praktischen Übung im Lösen von Fällen ist der Erwerb des methodischen Rüstzeugs für ein erfolgreiches Studium von besonderer Wichtigkeit. Dies gilt namentlich für die Auslegungslehre, die anhand zahlreicher Beispiele aus der höchstrichterlichen Rechtsprechung veranschaulicht wird. Der Autor, Claus-Wilhelm Canaris, hat das Buch im Geist seines Lehrers Karl Larenz fortgeführt und aktualisiert, teilweise aber auch eigene Akzente gesetzt.

Seit Jahren ein Klassiker unter den Lehrbüchern zur juristischen Methodenlehre. Neben Kenntnissen in den einzelnen Rechtsgebieten und praktischer Übung im Lösen von Fällen ist methodisches Rüstzeug besonders wichtig für ein erfolgreiches Studium. Dies gilt namentlich für die Auslegungslehre, die der Autor an zahlreichen Beispielen aus der höchstrichterlichen Rechtsprechung veranschaulicht. Claus-Wilhelm Canaris hat das Buch im Geiste seines Lehrers Karl Larenz aktualisiert und eigene Akzente gesetzt.

Methodenlehre der Rechtswissenschaft

Palgrave Studies in Race, Ethnicity, Indigeneity and Criminal Justice

This Handbook addresses the role of the criminal-legal system in projecting and enforcing racial injustice across the globe. It consists of high-profile contributions that expose structural relations, global colonial and imperial histories, class oppression, and ongoing hegemonic domination that generate racial injustices and are embedded in criminalization and law enforcement. The Handbook considers racist ideologies and their origins, racist institutions, procedures, and practices, and their impacts, and resistance/collective responses to racism. It includes a range of different types of chapters including conceptual/theoretical, empirical, methodological, practitioner, and activist insights. It speaks to contemporary issues and is first of its kind to address racial injustice on a global scale. It is explicitly anti-racist and gathers works of critical criminology, sociology, cultural studies, postcolonial studies, and cognate fields. The Handbook pays special attention to intersectional dynamics including nexuses of racism, class, gender, and sexuality. The Handbook focusses on the settler colonial and global majority countries, their peoples and their struggles, including questions of Indigenous justice.

This Handbook addresses the role of the criminal-legal system in projecting and enforcing racial injustice across the globe. It consists of high-profile contributions that expose structural relations, global colonial and imperial histories, class oppression, and ongoing hegemonic domination that generate racial injustices and are embedded in criminalization and law enforcement. The Handbook considers racist ideologies and their origins, racist institutions, procedures, and practices, and their impacts, and resistance/collective responses to racism. It includes a range of different types of chapters including conceptual/theoretical, empirical, methodological, practitioner, and activist insights. It speaks to contemporary issues and is first of its kind to address racial injustice on a global scale. It is explicitly anti-racist and gathers works of critical criminology, sociology, cultural studies, postcolonial studies, and cognate fields. The Handbook pays special attention to intersectional dynamics including nexuses of racism, class, gender, and sexuality. The Handbook focusses on the settler colonial and global majority countries, their peoples and their struggles, including questions of Indigenous justice.

The Palgrave Handbook of Racial Injustice and Resistance

Jahrbuch Junge Zivilrechtswissenschaft

Rheingau 2025

Blinde Flecken der Zivilrechtswissenschaft

SpringerBriefs in Law

This book unveils the details of the processes and deliberations that culminated in the consensual global commitment to decisively confront racism, racial discrimination, xenophobia and other forms of intolerance. It settles the pre-conceived and prejudicial controversies raised against the Durban Declaration and Programme of Action. High level delegates and leaders of structures of the conference address the development of the vision of nations for racial justice, building the structures of dialogue towards and during the third world conference against racism, choosing the leadership of the conference, consensus building especially on the so-called difficult issues, the role of championing states such as South Africa (host and then symbol of victory against racism) and Brazil (home to the largest population of people of African heritage outside Africa), and the legacy of the conference and outcome document. It reminds humanity of the merits and nobility of its Durban resolve, based on undertakings in Geneva, Strasbourg, Santiago de Chile, Dakar, and Teheran, under the auspices of the United Nations, and the significance of standing by it.

From Durban to Humanity

Untold Reflections from the World Conference Against Racism

The typographic form of judgment stages the authoritative presence of the common law. It is in the encounter with typographic materials that legal meaning is generated, yet typographic legality--the material expression of law as visual text--is rarely examined. In this book, Thomas Giddens refocuses critical attention by studying the history of the common law's visual technologies and unpacking the heritage, meanings and techniques of its typographic appearance. It thereby develops new methodological approaches for reading the common law's primary materials as visual media. From the archive as a typographic theatre of jurisdiction, to early law report printing, to the mass duplication of reports and their entanglement in the project of empire, to the common law's digital display, Typographic Legality encounters enduring questions of legal authority, media and technology in the material details of the common law's textual form.

The Source and Transmission of the Common Law

Typographic Legality

This book offers a critical and original examination of how the doctrine of superior responsibility has been interpreted and applied in international criminal law. It challenges prevailing scholarly approaches by shifting the focus from legal characterization to the doctrine’s conceptual components — an often overlooked but more pressing arena.
At the same time, by tracing the doctrine’s evolution from ancient military theory through religious and medieval legal traditions to its current position in international criminal law, the book interrogates the underlying tension between its nature as a form of vicarious liability and the principle of personal culpability central to criminal law theory — an approach the book critically examines, and perhaps ultimately rejects.
Rather than merely summarizing case law, the book explores how and why international tribunals — particularly the International Criminal Court in the landmark&nbsp;Bemba case — have applied the doctrine inconsistently. It engages with jurisprudence from ad hoc and hybrid tribunals to expose doctrinal ambiguities and recurring misapplications that undermine legal coherence and accountability.
An additional contribution of this work is the development of a syllogistic test for assessing superior responsibility in contexts involving human rights violations and treaty-based offenses. Balancing doctrinal critique with a normative analysis, the book offers a deeper theoretical and practical lens on one of international criminal law’s most debated areas.
Intended for legal scholars, practitioners and graduate students, this book is a valuable resource for anyone seeking a more principled and analytically rigorous understanding of superior responsibility in both historical and contemporary contexts.
Humoud Y. Al-Fadhli is an Assistant Professor in the Department of International Law of the College of Law of Kuwait University in Sabah Al-Salem University City, Kuwait.

From Tokyo and Nuremberg to The Hague and Beyond

Prosecuting Superior Responsibility in International Criminal Law

An influential legal scholar argues that the Supreme Court played a pivotal role in the rise of mass incarceration in America. With less than 5 percent of the world's population and almost a quarter of its prisoners, America indisputably has a mass incarceration problem. How did it happen? Tough-on-crime politics and the war on drugs are obvious and important culprits, but another factor has received little attention: the Supreme Court. Since the 1960s, the Court has repeatedly disregarded constitutional limits on the state's power to lock people away. Justice Abandoned highlights six decisions that made mass incarceration possible. These rulings have been crucial to the rise in pretrial detention and coercive plea bargaining. They have blessed disproportionate sentencing and overcrowded prisons. And they have sanctioned innumerable police stops and widespread racial discrimination. If the Court were committed to protecting constitutional rights, none of these cases would have been decided as they were. Rachel Barkow offers a roadmap for change, showing that the originalist methodology adopted by the majority of the current Court demands overturning the unconstitutional policies underlying mass incarceration. If the justices genuinely believe in upholding the Constitution, then they have little choice but to reverse the wrongly decided precedents that have failed so many Americans.

How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

Justice Abandoned

This book offers new perspectives on two key themes: the criminal law of sexual consent and the temporalities of law. It uses detailed feminist analysis to investigate how the kinds of time produced by statutes and court decisions are vital to constructing the gendered, liberal, legal subject. By shedding light upon a contested and multi-faceted legal issue, it demonstrates that more expansive temporalities are the precondition for a richer, relational understanding of consent. This book's fresh approach to sexual consent is developed using the law of England and Wales but is relevant to all jurisdictions where consent is an element of sexual offences law. Its distinctive approach to legal temporalities has the potential to be applied to other areas of law, providing insight into both current law and possibilities for reform.

Explores law’s constructions of time, illuminating key problems for sexual consent law and offering potential solutions.

Legal Temporalities of Sexual Consent

This book reassesses AV Dicey's legacy in political and legal thought through the reflections of leading scholars who consider his importance not only in today's British constitutional and legal culture but also in other foreign constitutional cultures. Every student in law and in politics, every law faculty and most legal practitioners in the world are aware of who Albert Venn Dicey (1835-1922) was and what he wrote. Yet, this fame does not mean that Dicey's legacy is not controversial and debated in the present world. This book considers why Dicey's late Victorian constitutional and political thinking is still alive. In spite of all the transformations that have taken place in public law in the UK in the last hundred years, the book argues that Dicey managed to grasp and to crystallise something of the British political identity and culture. Hence the long-lasting fire-power of his constitutional and political thinking. The book also considers that there is something even more prescient in Dicey's writings, for the UK but also for countries that have adopted his understanding of the rule of law and/or of parliamentary government. Dicey identified one of the most fundamental political issues at stake: the nature of the relationship between public law and democracy. The book looks closely at the alliance between public law and democratic spirit. This alliance needs to be reassessed from a legal, historical and comparative perspective. This edited collection, gathering authors from different countries, from various legal systems and from diverse backgrounds, tackles this task.

The Enduring Legacy of a Victorian Constitutionalist

Twenty-First Century Perspectives on the Scholarship of AV Dicey

Constitutional Facts?

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