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- e-book Socialism and its Defining Elements (Aus der Reihe: e-fellows.net stipendiaten-wissen)
Democracy stands out through the freedom and the possibility to actively engage in politics which it grants to all citizens. But this generosity comes with a price: Besides fostering the political dialogue it also gives space and opportunity to extreme and even anti-democratic powers which might misuse their rights granted by the system to actually abolish the same. Do we have to accept this misuse as a side effect of democratic freedom or should we draw a line somewhere?
Do we maybe even have a responsibility to protect our system?
- Arbitrary deprivation of property. A comparative analysis between German and South African law.
- By Dominik Zaum - Dominik Zaum.
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- Arbitrary deprivation of property. A comparative analysis between German and South African law.
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The question on how much freedom a democracy can bear and how much security it needs is no recent dispute and certainly a perpetual one. But with an eye on the current rise of right-wing parties in many European countries, the importance and pertinence of the discussion becomes clear. I will start with outlining the historical background of the current arrangements and a description of relevant cases of the past for each of them.
I will furthermore compare the two approaches and finally end with a personal evaluation of the justification of bereaving individuals of their democratic freedoms in order to protect those rights for everyone else. Especially the freedom of speech and the right to assembly are frequently brought forward as arguments against proposed restrictions.
And while a prohibition to assembly actually happens comparatively frequently as for example during the Blockupy movement in Frankfurt  when authorities feared that violent outbreaks might occur, the legitimacy to ban a political party outright because of their political program is topic of an ongoing debate.
And while it is reasonable to raise those concerns, many agree that a democratic system should entail the right if not even the responsibility to protect the fundamental principles it puts forward. In the following I will therefore take a closer look at examples of how this idea is implemented in reality. To understand certain provisions the German Republic has implemented in its constitution and to comprehend why they were thought to be important in the first place, it might be a good idea to take a step back in time and reconstruct what went wrong with the infamous predecessor of this document: After the terrors of the First World War the signing of the Weimar Constitution on August 11th, promised to finally bring stability and parliamentary democracy into the shattered country.
But only 14 years later Germany found itself as a dictatorial regime under the control of Adolf Hitler and his National Socialist party. Explanations for the rise of the nationalistic totalitarian powers are manifold and some might be found within the conditions of the Treaty of Versailles, which left Germany with the burdens of sole responsibility for the war, humiliated and economically devastated. Others might point at the skepticism towards democracy of the German people who were used to the monarchical father figure of their Emperor or the continual disagreements among democratic parties in the newly formed parliament.
There was no option to ban unconstitutional parties and no election threshold which resulted in too many parties in the parliament who were unable to come to agreements.
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- Arbitrary deprivation of property. A comparative analysis between German and South African law?
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- Tod eines Kritikers (German Edition).
Mistrusting the capacity of this fragmented democratic body to act, and looking for a uniting figure representing the entire German population, great powers were vested with the president. According to the Constitution he could appoint and remove the chancellor  dissolve the parliament  and proclaim the state of emergency to secure public order and security  which amongst others de facto meant to annul the fundamental rights granted by the Constitution and more or less resulted in a state resembling a dictatorship with himself at the top.
The document furthermore allowed for the creation of laws which were in conflict with the Constitution as long as they were supported by a two-third majority in parliament. There are many things Germany learned from the weaknesses of the Weimar Constitution and explicitly incorporated when drafting the current German Constitution.
Today the German President holds a merely representative role and the government is completely accountable to parliament. According to Article 79, a change of the Constitution itself is only possible through an explicit procedure. An amendment to Article 20 in added the right of all Germans to actively oppose anyone who tries to abolish the aforementioned provisions. Furthermore Constitutional Court was invested with the power to ban political parties or organizations based on anti-democratic or unconstitutional activities, if one of the parliamentary chambers or the government submits an initiative to do so.
In recent years it is subject of heated debate if the Nationaldemokratische Partei Deutschlands NPD should be outlawed as well. Arguing that the NPD glorifies the Third Reich, badgers foreigners and claims to overcome the democratic and pluralistic system of Germany — if necessary by the use of force — a first attempt to ban the party was made.
But failed in In a former case concerning the prohibition of a Turkish party in the Court had established intentionally high standards which have to be met in order to justify such a dramatic verdict. After years of Ottoman rule, the Sultanate, an Islamic state with laws based on the Sharia, was abolished in and the Republic of Turkey officially recognized in the same year. After increasing negligence on some of the strict rules concerning the expulsion of religion out of the public sphere and the initiation of martial law by the government in in order to control growing tensions and resentments in the opposition, Turkey saw its first military intervention the same year.
A year later in the military institution of the National Security Council NSC was established, with the initial purpose to serve as an advisory body. But after two more military interventions in and and a newly introduced Constitution in , the NSC had grown to a rather powerful institution watching over the actions of the government and parliament. The military as a substantial actor in political processes in Turkey had been accepted henceforward, and the NSC was understood as the guardian of Turkish democracy and its secular order.
Already in Article 2 the notion of a democratic and secular state is mentioned. Amendments to this provision or Article 1 which labels Turkey as a republic are strongly forbidden under Article 4.
The fact that this prohibition to base the political system in any way on religious tenets is once more explicitly stated in Article 24 shows the major importance a secular societal order holds in the Republic of Turkey. Zwei Positionen lassen sich ausmachen. Forschungsinteressen: Kulturelle und politische Transformationen in der islamischen Welt, islamischer Feminismus, Herausforderungen der multiplen Moderne. Leiden: Brill, ; Geschlechtergerechtigkeit durch Demokratisierung?
Bielefeld: Transcript, S. Perspektiven des demokratischen Regierens und die Rolle der Politikwissenschaft im Jahrhundert, in: Politische Vierteljahresschrift, , , Gunther Hellmann Seine Forschungsschwerpunkte liegen in den Bereichen Theorie der internationalen Beziehungen, insbes. Her areas of expertise cover international crimes, armed conflicts, and global justice. Her doctoral research, at the European University Institute, underlined transformations and circulations of expertise and practices over the management of violent conflict in African countries across sectors of intervention in the North development; humanitarian action; rule of law reforms.
Her current research focuses on the expansion of the field of global justice and the transformation of political legitimacy at the international and domestic level, by studying both the professional trajectories of lawyers and other professionals operating within the International Criminal Court, and processes of diffusion of international criminal norms and transformation of fields of power within post-conflict settings on the African continent Burundi, DRC, Uganda. She has published in leading journals in Europe on the role of the law, the expansion of global justice, and the global management of violent conflict, including as co-coordinator of special issues on war crimes of the French journal Actes de la recherche en sciences sociales, with Ron Levi and John Hagan forthcoming.
The subject of the conference concerns recent developments of normative orders in general and legal orders in particular: The fact that in the area of globalisation our traditional image of an integrated normative order within a nationstate on one territory which can be identified by its borders becomes more and more obsolete. International and transnational norms emerge and influence or determine national law, different kinds of norms govern people on the local as well as on the global level and different actors of normativity are active beyond territorial borders.
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The fact of legal pluralism reveals the other fact that law is and always was an integral part of cultures — and the plurality of cultures determines in a certain way the pluralisation of law as well as conflicts about the law and the different processes of exchange and transfer between different normative orders. It is also obvious that the fact of legal pluralism has a long historical continuity — and it might be that a unified and centralized national law and legal code was an exception and not the normal condition of modern societies.
Programme: Thursday, 10 November 6pm Welcoming Address 6. Legal pluralism is seen to be the answer to conflicts between norms of an overarching character with claims to supremacy on the one hand and norms of a more restricted personal and territorial scope on the other. Thus, efforts to implement legal frameworks for an economy that transgresses frontiers confront needs and ambitions of political, cultural or other origin in particular environments with competing claims to priority.
The two lectures of Panel IV will focus on the examples of the European Union and the spread of universal intellectual property protection. Both can be understood as reflections as to whether co-ordination deserves more attention as a technique than concept of normative hierarchies to resolve such tensions.
About this book
His working fields have been public international law, EU law, and federalism. In the present critical state of the European Union the law appears overburdened by the functions it has been expected to fulfil. This is true with regard to the legalisation of monetary policy, the responses to the quest for social justice and now also in debates on nuclear energy. His research deals with the Europeanization of private and economic law, transnational risk regulation governance structures.
In he obtained an honorary doctorate from the University Freiburg i. Intellectual property IP laws are a modern phenomenon. Patent and copyright acts only date back to the 17th and 18th century. Nowadays, IP rights are recognized in at least countries. This surprisingly quick, global spread of IP legislation was facilitated by a number of legal transfers. First, doctrines and narratives of justification developed for real property were applied to inventions and works of art.
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Second, the patent and copyright systems of Western Europe, already backed up by property theory, were transplanted to the rest of the world during colonialism. Third, counter-reactions of newly independent developing countries were settled by promising yet another type of IP protection, this time for traditional knowledge. He studied and received his doctorate in Freiburg After the second state exam and working as a lawyer in Berlin he was a Research Fellow and Head of U. His research deals with the basic structures of justification and dysfunctions of the international system of intellectual property.
Theories of modern legal pluralism are variants of two discourses which have begun decades ago. The first is legal pluralism within a state. The second paradigm of pluralism is global began after the Second World war with models of transnational trade law. Later, concepts of that kind were projected to other ages and areas, mostly taking the 19th century as a starting point.
The two lectures will deal with domestic and global pluralism separately. In both, specialized knowledge of particular normative environments plays a decisive role. His research interests are in the fields of international relations theory, international security, and the theory of foreign policy in general and German foreign policy in particular. The discourse of legal pluralism is becoming ubiquitous. Not only has it been revived with respect to new quasi- federal regional political formations like the European Union, it is also being invoked to account for transformed relations among legal orders created by the morphing of international organizations into global governance institutions.
Much ink has been spilled over whether a constitutionalist or pluralist discourse best suits these transformations and whether the black box of state sovereignty has been so penetrated by external, supranational jurisdictions or international regimes, humanitarian and human rights law , that the very concept of sovereignty has become an anachronism. Indeed it has now arisen in the context of long consolidated western, constitutional-democratic states.
This paper will focus on the form of legal pluralism that delegates or shares state jurisdictional power with religious authorities particularly in the domain of personal law. I will discuss new uses of this discourse focusing on the US case, although status group legal pluralism has become a contentious issue around the globe.
I will address the question of what is the potential impact of status based legal pluralism on citizenship, political equality and sovereignty. It is important to distinguish among types of legal pluralism and I will do so in this paper. I will also examine, whether and in what respects personal status based legal pluralism poses a threat to threat to the achievements of modern democratic constitutionalism, individual human rights and republican political principles.
Jean Cohen Ph. Singer Professor of Political Thought. She specializes in contemporary political and legal theory, continental political thought, contemporary civilization, critical theory, and international political theory. She works on civil society, sovereignty, human rights, gender, and the law. She has published over 50 articles in journals such as Constellations, Ethics and International Affairs, Philosophy and Social Criticism, Social Research, Political Theory, Telos, Thesis 11, and in numerous law reviews in addition to chapters in edited books.
Legal scholars often suggest public and administrative law as a key remedy for the legitimacy problems of international governance. This idea has a long pedigree. In this lecture I discuss whether law can be as instrumental in democratizing global governance as it was in de-politicizing it. He has published widely on transnational governance, international organizations and the theory of international relations.