60 research outputs found
Letter to Andrew Inglis Clark, Tasmania, from Albert Venn Dicey, Oxford, U.K., 23 Jan 1900
Letter to Andrew Inglis Clark, Tasmania, from Albert Venn Dicey, Oxford, U.K. 23 Jan 1900 with thanks for a case sent by Clark on the conflict of laws.
C4/C47
The Influence of the International Covenant on Economic, Social and Cultural Rights in Africa
Half a century ago, the United Nations General Assembly unanimously
adopted two great covenants, the International Covenant on Civil and Political
Rights (ICCPR) and the International Covenant on Economic, Social and Cultural
Rights (ICESCR), which brought force of law to the rights declared in the Universal
Declaration of Human Rights. Both covenants have been widely ratified by the vast
majority of African States. However, a largely neglected area of study has been
assessing the influence of the ICESCR in various parts of the world including
Africa. This article assesses the influence of the ICESCR in Africa. It seeks to show
how the ICESCR, as interpreted by the United Nations Committee on Economic,
Social and Cultural Rights (CESCR) has, through the 50 years since its adoption,
had influence on the regional and domestic protection of economic, social and
cultural rights (ESC rights) in Africa. The article begins by considering the influence
of the Covenant on the regional protection of human rights in Africa. This is
followed by an analysis of the influence of the Covenant on the protection of ESC
rights in domestic legal systems in Africa focusing primarily on the constitutional
protection of ESC rights. It then considers the limited influence of the Covenant on
national courtsâ jurisprudence in African States applying dualist and monist
approaches to international treaties. It ends by making recommendations to maximize
the influence of the ICESCR in the future
Global standards of Constitutional law : epistemology and methodology
Just as it led the philosophy of science to gravitate around scientific practice, the abandonment of all foundationalist aspirations has already begun making political philosophy into an attentive observer of the new ways in which constitutional law is practiced. Yet paradoxically, lawyers and legal scholars are not those who understand this the most clearly. Beyond analyzing the jurisprudence that has emerged from the expansion of constitutional justice, and taking into account the development of international and regional law, the ongoing globalization of constitutional law requires comparing the constitutional laws of individual nations. Following Waldron, the product of this new legal science can be considered as ius gentium. This legal science is not as well established as one might like to think. But it can be developed on the grounds of the practice that consists in ascertaining standards. As abstract types of best âpracticesâ (and especially norms) of constitutional law from around the world, these are only a source of law in a substantive, not a formal, sense. They thus belong to what I should like to call a âsecond order legal positivity.â In this article I will undertake, both at a methodological and an epistemological level, the development of a model for ascertaining global standards of constitutional law
Eu Law as Private International Law? Reconceptualising the Country-of-Origin Principle as Vested-Rights Theory
Land Law, Property Ideologies and the British-Irish relationship
English and Irish land law are deeply influenced by the historical context of the British-Irish relationship, yet property scholarship comparing the two jurisdictions is surprisingly rare. The current Brexit negotiations provide a timely reminder of the strategic importance of property and trade relations between the two countries; and of their related-but-different legal cultures. In this article we examine how the property cultures of England and Ireland were shaped by the politics and practices of land tenure, by competing economic and property ideologies, and by the influence of both on national identity and statehood in both jurisdictions. The article reveals the role of local contexts and events in shaping land reform, and demonstrates the fertile potential of the comparative frame to contextualise each jurisdictionâs doctrines and practices. As domestic land law systems are drawn together in the context of emerging EU jurisdiction over areas like mortgage credit, each jurisdictionâs underpinning ideological commitments have important implications for the ease â or not â of attempts to harmonize member state practices. We explain the alignments and divergences between domestic underpinnings of Irish and English law, and reflect on the implications of our findings for contemporary property problems in the context of evolving economic and political relationships between the UK and Ireland
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Racial and Imperial Thinking in International Theory and Politics: Truman, Attlee and the Korean War
- Connects the background ideas of race and empire to world politics
- Uses case of Truman and Attlee in the Korean War
- Argues that liberal-realist internationalistsâ assumptions about the US-led post-war order obscure those background ideas and fail to understand the character of the post-war order
- Argues liberal-realist internationalism is akin to a legitimating ideology rather than an explanatory theory
- Argues that such failings render liberal internationalism inadequate to explain or prescribe ways for the United States/West to manage the ârise of the restâ today
This article connects the background ideas of race and empire to world politics by looking at the world views and actions of Truman and Attlee in the Korean War. The article argues that liberal-realist internationalistsâ assumptions about the US-led post-war order obscure those background ideas and fail to understand the character of the post-war order. I consider two kinds of âbackground ideasââpolicy-makersâ and those embedded in liberal internationalism. Put together, these ideas render liberal-realist internationalism akin to a legitimating ideology rather than an explanatory theory. More broadly, and in the longer run, such failure to comprehend the character of the post-war order, and the roles of race, empire and periphery war in it, renders the theory inadequate to explain or prescribe ways for the United States/West to manage the ârise of the restâ today
in keeping with the spirit of the albertine statute constitutionalisation of the national unification
This chapter deals with the difficult process of constitutionalisation which characterised Italian Unification. Constitutionalisation is a long-term phenomenon which had the purpose of giving constitutional forms to the Nation. The promulgation of the Albertine Statute is more the start than the arrival of this phenomenon. The focus of this investigation is, therefore, to study the Constitution through its evolution paying particular attention to the process of legal integration within the structures of the Albertine Statute and to the amendment mechanisms of the constitutional text. The preamble of the Albertine Statute speaks of «perpetual and irrevocable fundamental law». The word «perpetual» meant the prohibition of revoking constitutional concession, while the word «irrevocable» was intended as a pact between the Sovereign and the Nation. Over the years, very few were the changes to the letter of the Albertine Statute. The interpretation and the practice represented the most important mechanisms of constitutional change (implicit constitutional changes). A primary role was acknowledged to non-written norms. In this perspective, it may well be said that the Italian Constitution consisted in something more than the written text and dwelt in the spirit and not in the letter of the Albertine Statute
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