scholarly journals Law and Prudence in the Law of Justiciability: The Transformation and Disappearance of the Political Question Doctrine

2001 ◽  
Author(s):  
Mark V. Tushnet
Keyword(s):  
The Political ◽  
The Law ◽  
Political Question

Foreign Affairs and the Political Question Doctrine

1989 ◽  
Vol 83 (4) ◽  
pp. 814-821 ◽  
Author(s):  
Michael J. Glennon
Keyword(s):  
Active Role ◽  
Foreign Affairs ◽  
Recent Case ◽  
The Political ◽  
Congressional Oversight ◽  
The Law ◽  
Compliance With The Law ◽  
Political Question

The unevenness of congressional oversight, the proclivity of executive foreign affairs agencies for violating the law and the traditional responsibility of the courts as the last guardians of the Constitution—all point to the propriety of an active role for the judiciary in ensuring governmental compliance with the law. Specifically, courts should not decline to resolve foreign affairs disputes between Congress and the President because they present “political questions.” The recent case of Lowry v. Reagan illustrates the serious systemic damage wrought by judicial abstention in such disputes.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Property in Human Body Parts

2020 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Human Body ◽  
First Principles ◽  
The Political ◽  
Body Parts ◽  
Cautionary Tale ◽  
Regulatory Approach ◽  
Legal Position ◽  
The Law

This chapter surveys the current legal position concerning property in bodies and bodily materials. Of especial relevance in the current age of advanced genetic and other bio technologies, it looks beyond property in bodies and their materials ‘as such’ to consider also (a) the availability of rights of personal and intellectual property in objects incorporating or derived from them, and (b) the reliance on quasi-property rights of possession and consent to regulate the storage and use of corpses and detached bodily materials, including so-called ‘bio-specimens’. Reasoning from first principles, it highlights the practical and conceptual, as well as the political and philosophical, difficulties in this area, along with certain differences in the regulatory approach of European and US authorities. By way of conclusion, it proposes the law of authors’ and inventors’ rights as simultaneously offering a cautionary tale to those who would extend the reach of property even further than it extends currently and ideas for exploiting the malleability of the ‘property’ concept to manage the risks of extending it.

V. II principio dell’irretroattività della legge nell’esperienza giuridica romana dell’età repubblicana

2021 ◽  
Vol 138 (1) ◽  
pp. 245-273
Author(s):  
Umberto Laffi
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
First Century ◽  
The Political ◽  
Political Struggle ◽  
Dynamic Relationship ◽  
Depth Analysis ◽  
The Law ◽  
Criminal Legislation ◽  
Epigraphic Evidence

Abstract The Principle of the Irretroactivity of the Law in the Roman Legal Experience in the Republican Age. Through an in-depth analysis of literary and legal sources (primarily Cicero) and of epigraphic evidence, the author demonstrates that the principle of the law’s non-retroactivity was known to, and applied by, the Romans since the Republican age. The political struggle favored on several occasions the violation of this principle by imposing an extraordinary criminal legislation, aimed at sanctioning past behaviors of adversaries. But, although with undeniable limits of effectiveness in the dynamic relationship with the retroactivity, the author acknowledges that at the end of the first century BC non-retroactivity appeared as the dominant principle, consolidated both in the field of the civil law as well as substantive criminal law.

Reason, Development, and the Conflicts of Human Ends: Sir Isaiah Berlin's Vision of Politics

1980 ◽  
Vol 74 (1) ◽  
pp. 38-52 ◽  
Author(s):  
Robert A. Kocis
Keyword(s):  
Moral Development ◽  
Human Nature ◽  
Human Dignity ◽  
Active Participation ◽  
Human Interaction ◽  
Human Values ◽  
The Political ◽  
Positive Liberty ◽  
Political Question

At the root of the conflict between Berlin and his critics is a fundamental disagreement over the possibility of certainty and over the relation of human ends to politics. Gerald MacCallum's formalist critique obscures the political question of whose values a free person is at liberty to pursue. Macpherson's attempt to defend positive liberty as not rationalistic is shown to fail because he (a) conflates liberty with its conditions and (b) assumes a rational pattern to human moral development. And Crick charges Berlin with ignoring politics, understood as active participation in the polis. Finally, Berlin's conception of politics as a form of human interaction aimed at creating the conditions of human dignity in a situation where we sincerely disagree over the ends of life is shown to be an effort to liberate us to live life for our own purposes. Yet Berlin's defense of liberty is problematic because it is too skeptical; to overcome this difficulty, a non-teleological yet developmentalist account of human nature and a weakly hierarchical account of human values is suggested.

scholarly journals The Political Stakes of Academic Research: Perspectives on Johannesburg

2005 ◽  
Vol 48 (2) ◽  
pp. 87-109 ◽  
Author(s):  
Ivor Chipkin
Keyword(s):  
Inner City ◽  
Political Institutions ◽  
Academic Research ◽  
The Political ◽  
Political Equality ◽  
Research Perspectives ◽  
Shift Analysis ◽  
Demographic Shifts ◽  
The City ◽  
Political Question

Abstract:This article considers a burgeoning literature on Johannesburg from the perspective of the sorts of questions it asks about the city. There is a substantial and lively literature on questions of poverty and equality, class and race. These studies are strongly informed by the idea that the mechanisms that produce such inequalities are key to understanding the nature of Johannesburg as a city: in terms of how its economy works and how political institutions function, but also in terms of what sort of city Johannesburg is and can be. I consider sociological and economic studies of the inner city that try to account for demographic shifts in the inner city and for processes of social and physical degeneration. I review urban anthropologies of inner-city society, considering in particular new forms of social and economic organization among inner-city residents. Related to these, I discuss debates among scholars about the prospects for governing the city, paying special attention to the consequences for such readings on partnerships. I also discuss an emerging literature, critical of that above, which seeks to shift analysis of the city toward studies of culture and identity. These literatures do not simply approach the city through different disciplinary lenses (sociology or economy or anthropology or cultural studies) . They come to their studies from different normative perspectives. For some, the key political question of the day is one about social and political equality in its various forms. For others, it is about the degree to which Johannesburg (or Africa) is different from or the same as other places in the world. This paper has tried to bring to the fore the political (and not simply policy) consequences of these different views. It concludes not by seeking to reconcile these perspectives, but by suggesting a way of retaining a commitment to equality and justice while not reducing them simply to questions of economy. At stake, I argue, are questions of democratic culture and of sociability.

The impact of Political Parties Law no. 36 of 2015 on requlatinq political parties pluralism in Iraq

2021 ◽  
Author(s):  
Kurdistan Saeed
Keyword(s):  
National Identity ◽  
Political Parties ◽  
Legal Framework ◽  
The Political ◽  
Political Opposition ◽  
The Law ◽  
Lack Of Commitment ◽  
The Impact

This study deals with the political parties’ pluralism in Iraq under the Parties Law No. 36 of 2015. The importance of the study lies in the fact that it looks at a topic that is at the heart of democracy and it is necessary for the success of any democratic processes. The study focuses on parties’ pluralism in Iraq since the establishment of the Iraqi state in 1921 until the end of the Baath Party regime in 2003, it also covers the period after 2003 and pays particular attention to the Parties Law No. 36 of 2015. It focuses on the legal framework of political parties after the adoption of the Political Parties Law and studies the impact of this law on parties’ pluralism in Iraq after its approval in 2015. The study concludes that Law No. 36 of 2015 is incapable of regulating parties’ pluralism for reasons including: the lack of commitment by the political parties to the provisions of the law, the inability of the Parties Affairs Department to take measures against parties that violate the law the absence of a strong political opposition that enhances the role of political parties, the association of most Iraqi parties with foreign agendas belonging to neighboring countries, and the fact that the majority of Iraqi parties express ethnic or sectarian orientations at the expense of national identity.

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