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Charlotte Hille

Clan societies differ substantially from Western democratic states. Clan societies are based around the extended family. Honour and solidarity are important, which is reflected in nepotism and blood revenge. However, a more positive aspect of clan societies is the use of reconciliation to solve conflicts. This guarantees that parties to a conflict can cooperate in the future. When intervening in a clan based society it is important to be aware of the differences compared to Western democracy. Based on theory and practice the cases of Afghanistan, Iraq, Albania and Chechnya are investigated. This book explains clan society and provides tools to facilitate state building and democratization in clan based societies for those who intervene, aimed at conflict resolution and democratization.

The Constitutional Identity of Contemporary China

The Unitary System and Its Internal Logic

Series:

Han Zhai

In The Constitutional Identity of Contemporary China: the Unitary System and Its Internal Logic, Han Zhai offers a profound understanding of China’s constitutional history with her account of constitutional identity of multi-layered states in other parts of the world. This book successfully bridges China’s constitutional complex and the emerging common theory of constitutional law with methodological innovations. In constitutional comparison, this work’s treatment of the Kingdoms of Spain and the Netherlands provides effective structural and historical analysis. This book does not only awaken China’s constitutional identity in contemporary scholarship but also presents rich possibilities in the constitutional study and the way we understand a country’s fundamental arrangements in its national context

Domestic Courts and the Interpretation of International Law

Methods and Reasoning Based on the Swiss Example

Series:

Odile Ammann

Judicial Cosmopolitanism

The Use of Foreign Law in Contemporary Constitutional Systems

Edited by Giuseppe Franco Ferrari

Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.

Series:

David Oppenheimer

Positive measures to prevent and remedy discrimination have been adopted in many parts of the world. By comparing the scope and form of such measures in different legal systems, we can gain a better perspective on our own system, and appreciate possible new approaches. This book compares positive anti-discrimination measures in the United States, India, Brazil, South Africa, Canada, the United Kingdom, and the European Union.

Series:

Edited by Olgun Akbulut and Elçin Aktoprak

This volume, Minority Self-Government in Europe and the Middle East: From Theory to Practice, is novel from several perspectives. It combines theory with facts on the ground, going beyond legal perspectives without neglecting existing laws and their implementation. Theoretical discussions transcend examining existing autonomy models in certain regions. It offers new models in the field, discussing such critical themes as environmentalism. Traditional concepts such as self-determination and well-known successful autonomy examples, including the Åland Islands, Basque and Catalonian models, are examined from different perspectives. Some chapters in this volume focus on certain regions (including Turkey, Syria, and Iraq) which have only recently received scholarly attention. Chapters complement one another in terms of their theoretical inputs and outputs from the field.