Judicial Legitimacy and the Role of Courts: Explaining the Transitional Context of the German Border Guard Cases

Künzler, Adrian

doi:10.1093/ojls/gqs005

Cited by 3 publications

(2 citation statements)

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“…The state's functions are generally represented in achieving social justice and security at the internal and external levels. It also aims to carry out public projects that individuals are hesitant to undertake and open embassies and diplomatic consulates in other countries to protect the interests of their citizens and serve as a guardian of economic activity, to name a few examples (Künzler, 2012). It was the natural response to the difficult years that followed the Great Depression of 1929-1933, characterized by a significant drop in prices, widespread unemployment, and a decline in industry and agriculture (Eigner & Umlauft, 2015).…”

Section: Fiscal Policies and The Evolution Of The State's Rolementioning

confidence: 99%

The Role of Fiscal Policies In Financing Human Development In Iraq

Bekheet

2022

AJMS

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Economic and social movements and changes in people's lives are linked to the development process and the consequence of the interaction. As a result of worldwide changes, the idea of development has been broadened to include more than just economic progress, making it part of the continuing process of sustainable development. Therefore, this research will study fiscal policies and their prominent role in financing human development in Iraq and the calendar effect. Their relationship is quantitative and identifies the various concepts and variables related. The findings indicate that there is a positive impact of the general budget on human development in Iraq as evidence the value of the coefficient of determination of 78%, which shows the significant role played by the budget in effect on the value of human development in Iraq guide during the period 2007-2019. On the other hand, findings from this study show that budgets' social role is heavily influenced by factors such as salaries and unemployment rates and mandatory social contributions, and the human development index. It suggests a need to continue developing the workforce's professional and personal skills.

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Section: Fiscal Policies and The Evolution Of The State's Rolementioning

confidence: 99%

The Role of Fiscal Policies In Financing Human Development In Iraq

Bekheet

2022

AJMS

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“…53 For some, the trigger has been the East German border guard trials after German reunification. 54 Among better known legal philosophers, the best example is Brian Bix, who takes the Radbruch Formula as a launch pad for a critique of Alexy's conflation of legal theory with legal practice, as well as casting doubts on the claim to correctness. 55 Bix arguably reads Alexy through excessively Dworkinian lenses by assuming that his theory is built on reflections on how to deal in practice with grossly unjust laws.…”

Section: The Argument From Injusticementioning

confidence: 99%

The reception of Robert Alexy’s work in Anglo-American jurisprudence

Rivers

2018

Jurisprudence

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At first sight, the work of the German legal philosopher and constitutional theorist, Robert Alexy, appears to offer a welcome counter-example to the general insulation of Anglo-American jurisprudence from continental European influences. Over the last 30 years, his ideas and writings have become increasingly available in English, and they have stimulated a growing engagement in response. However, this immediate impression masks an unevenness in the reception of his work. In this article I trace the history and extent of this reception, contrasting its variability with the internally systemic and coherent quality of Alexy's entire oeuvre. I suggest that the causes for this variability are to be found in the intellectual climate of modern anglophone jurisprudence, in which work in the Kantian legal-philosophical tradition is unfamiliar or viewed with caution. A deeper theoretical development needs to take place if his work is to be appreciated holistically. However, there are signs that such a development is taking place, and it is possible that in time the reception of Alexy's work will be seen to be part of that longer-term process.

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Radbruch’s Formula in the Constitution of Bosnia and Herzegovina – Untapped Potential for Strengthening the Rule of Law

Nurkić

2022

DHS

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The philosophy of Gustav Radbruch made an immeasurable contribution to the development of the concept of the rule of law. The part of Radbruch’s philosophy that still has a great influence on thought about the relationship between justice and mere legality is certainly his Formula, which can be reduced to the venerable stance of lex injusta non est lex.[1] Simply put, according to Radbruch’s Formula, any law that is ‘unjust to an intolerable degree is not legally valid and should not be applied by courts. In this text, the author finds a similarity between Radbruch’s Formula and provision VI/3(c) of the Constitution of Bosnia and Herzegovina (B&H) and analyzes the content of the aforementioned provision, which regulates the possibility of initiating a concrete review of the constitutionality of laws by ordinary courts. The text analyzes what the aforementioned provision of the B&H Constitution stipulates and what opportunities it offers to ordinary courts when applying the law. It also analyzes the extent to which the potential of the B&H Constitution has been used by ordinary courts in the legal system of B&H.

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Judicial Legitimacy and the Role of Courts: Explaining the Transitional Context of the German Border Guard Cases

Cited by 3 publications

References 0 publications

The Role of Fiscal Policies In Financing Human Development In Iraq

The Role of Fiscal Policies In Financing Human Development In Iraq

The reception of Robert Alexy’s work in Anglo-American jurisprudence

Radbruch’s Formula in the Constitution of Bosnia and Herzegovina – Untapped Potential for Strengthening the Rule of Law

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