Objective Legal Basis Selected Writings

In the interwar period, Czesław Martyniak, Fr. Antoni Szymański, and Ignacy Czuma worked at the newly established Catholic University of Lublin, basing their scientific activity mainly on the Thomistic tradition in the philosophy of law and referring to it in taking up criticism of the then influential trends: the legal positivism (especially as developed by Hans Kelsen, who was considered to be the creator of its normative variety) and solidarism (treated by many authors of those times as a proposal for the critics of positivism, referring to “social facts” rather than to the norms of the natural order). Limiting this introduction to an attempt to make the reader interested in the context of heritage and fundamental issues of the philosophy of law, we will only point out that the content of the statements of the abovementioned authors had mainly polemical value. This does not mean, however, that apart from the critical arguments, we will not find an outline of a positive position in their writings. They undoubtedly demonstrate the importance of the need to establish a universal “species goal” and thus to indicate a certain, appropriate and purposeful structure of action for all people, as one that for many centuries has defined an essential aspect of the philosophy of law. They see that questioning this orientation (together with the negation of a realistic position which treats the human species as a real existence, a kind of participation in every human being) has opened up a perspective for new approaches, for the differentiation of norms within every political community and for the search of justifications for those who take part in the creation of the legal order. They are aware that the classical structure of reflection on the law, present already in the Renaissance thought, has been replaced by another: the reflection on the universal purpose of the human species has been taken over by reflection on the multiplicity of objectives of the individual and the search for a guarantee of their realisation, sometimes taking into account the objectives of the state as a particular kind of being, which is to some extent independent of the existence (and objectives) of its constituent individuals. They know that this approach was the result of a particular type of intellectual evolution that had taken place in European culture since around the 13th century, leading to a gradual shift of interest from the order of all things to the projects of individuals. They reach directly to St. Thomas Aquinas and analyse the foundations of the normative order, which at least sets a negative limit to the ability of individuals and legislators to act, as well as to the content of established norms.

The Latvian-born legal theorist P.I. Stuchka (1865-1932), generally recognized as one of the principal architects of modern Soviet legal theory and the Soviet legal system itself, was a prodigious author and editor. Twenty essays by Stuchka written between 1917 and 1931 were selected for translation

The second volume of the definitive English edition of Ernst-Wolfgang Bockenforde's work, offering Anglophone scholars an introduction to the political and constitutional thought of one of Germany's leading contemporary theorists.

Ernst-Wolfgang Böckenförde (1930-2019) was one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Böckenförde was a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the constitutional status of the state of emergency, citizenship rights, bioethical politics, and the challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and holder of a trusted public office, Böckenförde has influenced the way academics and citizens think about law and politics. During his tenure on the Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions on the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. This second volume in the first representative edition in English of Böckenförde's writings brings together his essays on religion, law, and democracy. The volume is organized in five sections: I. the Catholic Church and Political Order; II. State and Secularity; III. the Theology of Law and its Relation to Political Theory; IV. Norms and the Principle of Human Dignity; and V. Excerpts from a biographical interview. Sections I, II, III, and IV are preceded by an editors' introduction to the articles as well as running editorial commentary to the work.

In this representative edition of Ernst-Wolfgang Bockenforde's definitive work in constitutionalism, law, and politics, readers have access to the legal discourse of one of Germany's leading contemporary theorists and former judge of the federal constitutional court.

This anthology brings together a selection of writings by ombudsman experts that explore various aspects of the contemporary public sector ombudsman. Originally published in International Ombudsman Institute publications, these articles illustrate the diversity of ombudsman offices around the world and underscore the elements and issues that are important to all ombudsman institutions. From its Scandinavian roots, the ombudsman model has been established worldwide and at all levels of government as a mechanism to monitor and improve government administration. The model has seen renewed interest in the past decade in democratizing countries which are reforming their governmental institutions, such as in Latin America, Central and East Europe, Africa and the Asia Pacific region. This anthology explores the essential elements of the public sector ombudsman and the emerging mandates of the ombudsman institution both in established and consolidating democracies. In particular, the role of the ombudsman in human rights protection is scrutinized from a variety of perspectives. The anthology also includes critical analyses of the extent of the jurisdiction of the public sector ombudsman, focusing on matters such as the relationship of the ombudsman with administrative tribunals and the courts. Issues surrounding the ombudsman process of investigation, recommendation and reporting are highlighted - such as administrative fairness in the ombudsman process, special investigations, public education about the office and media relations.

This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.

Highlights the threats posed by nuclear weapons and shows a way to denuclearization through the application of international law.