Introduction to Law

civil dispute is usually solved on a balance of probabilities: the judge adjudicates the case in favor of the party whose propos ...

Right to Silence The right to defend oneself also includes the right not to cooper- ate with prosecuting authorities: the accuse ...

conduct rightly ought to be considered criminal and how the subsequent imposi- tion of punishment can be justified (in a given s ...

Recommended Literature Ashworth A (2002) Human rights, serious crime and criminal procedure. Sweet & Maxwell, London Ashwort ...

Constitutional Law 8 Aalt Willem Heringa 8.1 State Power Established 8.1.1 Introduction Law and StateThe law is strongly connect ...

8.1.1.1 Sources of Constitutional Law Constitution In most states, the most important of these constitutional rules have been la ...

Entrenchment Because of their fundamental nature, written constitutional documents almost always provide that they can only be a ...

8.1.2.1 Internal Sovereignty A state’s internal sovereignty, meanwhile, is foremost a constitutional issue. Sov- ereignty in tha ...

possibly also other arguments of international politics if and how the international community will deal with the recognition of ...

As already mentioned, some states are called “failed states,” those that lack the basic appearance of what a state should be. An ...

are defense powers and police powers. Moreover, international affairs must be agreed unanimously. State-like features such as a ...

choice to opt for international collaboration and harmonization or even integration. However, at the same time this choice limit ...

originally concluded the Convention. The law of the European Union has a stronger effect on national law than the law of other i ...

scholars of liberal humanism and the Enlightenment stressed this point forcefully and successfully. Absolutism An absolute ruler ...

8.2.1 Territorial Division of State Power One way for constitutional law to curb state power and to prevent its concentration is ...

The most common way for regions to be involved in federal law-making is through an upper chamber in a two-chamber federal parlia ...

“Power tends to corrupt, and absolute power corrupts absolutely.” As noted above, Thomas Hobbes advocated a strong central gover ...

we find these three branches of government, albeit in different shapes and forms and with slightly different definitions of thei ...

of prisoners per 100,000 inhabitants) to excessive levels. However, there is no fundamental reason to object to the election of ...

8.2.4.1 Parliamentary Systems A crucial factor affecting the shape of government–parliament relations is whether the system is p ...