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Law and Outsiders: Norms, Processes and 'Othering' in the 21st Century, 1st edition

Law and Outsiders: Norms, Processes and 'Othering' in the 21st Century

ISBN-13:  9781841139845


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Law and Outsiders is a collection of 13 essays from leading young scholars covering five important areas of legal scholarship: adjudication, European law and politics, migration, vulnerable minorities and legal values. The recurring theme in the volume is the way in which rules and processes are contributing to the creation of twenty-first-century 'others' in areas such as domestic constitutional systems, international security and migration, and global human rights discourses. The essays are drawn from the second International Graduate Legal Research Conference, held at King's College London in June 2008.

Table of contents

Contents PART ONE ADJUDICATION 1 Towards Proportionality as a Proportion Between Means and Ends Martin Luteran 2 Blown Out of Proportion: The Case against Proportionality as an Independent Ground of Judicial Review Paul Daly 3 Constitutional Judicial Review: The Eclectic Approach to Constitutional Interpretation Nelson Dordelly-Rosales PART TWO EUROPEAN LAW AND POLITICS 4 The End of the Pillars? A Single EU Legal Order after Lisbon Eulalia Sanfrutos Cano 5 Rule and Let Rule: Four Strategies to Overcome the 'Democratic Deficit' in the EU and their Implementation in the Treaty of Lisbon Matthias C Kettemann 6 Human Rights Protection in ECHR and EU Law: A Claim of Non-divergence Marton Varju PART THREE MIGRATION 7 Directive 2003/109 on Long-term Residence for Third-country Nationals: Possible Future Interpretation by the European Court of Justice Diego Acosta x Contents 8 Coexistent yet Interdependent Spheres of Competence: The Interface between Immigration and the Internal Market Stephen Coutts 9 Social Human Rights and Third-country Nationals in the EU: The Case of Social Dumping? Egle Dagilyte PART FOUR MINORITIES, IDENTITY AND RIGHTS 10 What Have Women Got to Do with Peace? A Gender Analysis of the Laws of War and Peacemaking Benedetta Faedi Duramy 11 Europe's Changing Approach Towards Blasphemy: The 'Right' not to be Offended, Sensitive Identities and Relativism Dorota A Gozdecka 12 Particular or Universal? National Identity and Human Rights: A Legal Approach Vincent Depaigne PART FIVE THE LIMITS OF LAW 13 Judgment and Solidarity: Toward a Phenomenology of Moral and Legal Judging in Arendt and Adorno Craig Reeves

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Published by Hart Publishing (March 16th 2011) - Copyright © 2011