Oeuvres de Monsieur de Montesquieu.- V. 2

Tomo 2: Les X derniers livres de l'esprit des loix ; La défense de l'esprit des loix ; Lysimaque ; Remerciment sincère ; La table générale des matières de l'esprit des loix .- [4], XVI, 643 p., [1] en bl. ; [ ]2, a-b4, A-Z4, 2A-2Z4, 3A-3Z4, 4A-4L4, 4M2

Del espiritu de las leyes

Pie de imp. del vol. III: Madrid, en la Imprenta de doña Rosa Sanz.Retrato de Montesquieu en p. II del vol. I: "Aº Guerrero dibº", "Esteban Boix grabó

Judicial Review, Irrationality, and the Legitimacy of Merits-Review

The definition of the irrationality ground of judicial review recognises the constitutional principle of the separation of powers, in allowing for judicial control of the executive only very rarely. The author in a previous article in this study found that the courts, on occasions, had intervened in circumstances where administrative decisions arguably were not irrational. To this end, the purpose of this article is to assess the constitutionality of these seemingly low standards of irrationality. The author does so by reference either to the manner of review employed—the use of the proportionality principle, for example—or the context of the administrative decision under scrutiny, such as the infringement of the applicant’s fundamental rights. The author finds that the cases from the previous article where low standards of irrationality were arguably adopted were, in fact, legitimate according to these chosen methods of evaluation. However, this is an interim conclusion because, for reasons of word length, the author is unable to complete a full assessment here. It is therefore proposed that a subsequent article will continue to examine the constitutionality of these cases. Furthermore, the author will also try and establish a zone of executive decision-making, for reasons of democracy, where the courts are excluded from irrationality review. If the author is unsuccessful in this regard, the final conclusion of this study will inevitably be that low standards of judicial intervention exist without limit—a clear assault on the constitutional principle stated above

European “freedoms”: a critical analysis

Faced with the present migrant crisis and the dismal record of Europe in protecting vulnerable refugees’ and migrants’ rights, what could be the view of the moral philosopher? The contrast between the principles enshrined in the European Charter of Fundamental Rights and the reality of present policies is shocking, but more scrutiny will show that it is the result of a larger trend towards an understanding of freedom mostly in economic terms, at a time when economists such as Amartya Sen have revised their approach to economic growth and prosperity, noting the central role played by a much richer conception of freedom. The paper will scrutinize these inconsistencies and the conception of the person from which they derive and will provide an alternative and more coherent moral vision that could strengthen the legitimacy of the European Charter, at a time of growing dissatisfaction and so-called democratic deficit. Such a vision could help reconnect the Charter with a conception of the human person as in need not solely of passive legal protection, but also of active promotion of her self-respect and capabilities, and of her aspiration to a valuable life

CRESCIMENTO DO MARACUJAZEIRO AMARELO SOB ESTRESSE SALINO E BIOFERTILIZAÇÃO EM AMBIENTE PROTEGIDO CONTRA PERDAS HÍDRICAS

O objetivo do trabalho foi avaliar a influência do biofertilizante bovino e cobertura morta vegetal no crescimento vegetativo do maracujazeiro amarelo irrigado com água não salina e salina em ambiente protegido contra perdas hídricas. O experimento foi conduzido no período de outubro de 2008 a abril de 2009, no município de Remígio, Paraíba. O delineamento estatístico foi em blocos casualizados, em esquema fatorial 2x2x2, referente à água não salina (0,5 dS m-1) e salina (4,5 dS m-1), sem e com biofertilizante bovino, sem e com cobertura morta, com três repetições e três plantas por parcela. Avaliaram-se o período para poda do broto apical, taxa de crescimento absoluto em altura, comprimento de internódio, número de ramos produtivos e diâmetro do caule das plantas. O aumento do nível de salinidade da água, independentemente da adição do biofertilizante, inibiu o crescimento das plantas. O período do transplantio à poda do broto apical das plantas irrigadas com água salina e o uso do biofertilizante foi antecipado em 8,16 dias. O maior crescimento em altura do maracujazeiro amarelo ocorreu no solo com biofertilizante e cobertura morta

Global Law as Intercontextuality and as Interlegality

Since the 1990s the effects of globalization on law and legal developments has been a central topic of scholarly debate. To date, the debate is however marked by three substantial deficiencies which this chapter seeks to remedy through a reconceptualization of global law as a law of inter-contextuality expressed through inter-legality and materialized through a particular body of legal norms which can be characterized as connectivity norms. The first deficiency is a historical and empirical one. Both critics as well as advocates of ‘non-state law’ share the assumption that ‘law beyond the state’ and related legal norms have gained in centrality when compared with previous historical times. While global law, including both public and private global governance law as well as regional occurrences such as EU law, has undergone profound transformations since the structural transformations which followed the de-colonialization processes of the mid-twentieth century, we do not have more global law relatively to other types of law today than in previous historical times. The second deficiency is a methodological one. The vast majority of scholarship on global law is either of an analytical nature, drawing on insights from philosophy, or empirically observing the existence of global law and the degree of compliance with global legal norms at a given moment in time. While both approaches bring something to the table they remain static approaches incapable of explaining and evaluating the transformation of global law over time. The third deficiency is a conceptual-theoretical one. In most instances, global law is understood as a unitary law producing singular legal norms with a planetary reach, or, alternatively, a radical pluralist perspective is adopted dismissing the existence of singular global norms. Both of these approaches however misapprehend the structural characteristics, function and societal effects of global law. Instead a third positon between unitary and radical pluralist perspectives can be adopted through an understanding of global law and its related legal norms as a de-centred kind of inter-contextual law characterised by inter-legality