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Norms, Interests, and Values

Henning Glaser (ed.)

Series: CPG Series of Comparative Constitutional Law, Politics and Governance

Volume 2 2015

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Jörg Luther Conflict and Consent in the Constitutional Order of Italy: Lessons for (and from) Thailand? S. 23-54

„… 23 Conflict and Consent in the Constitutional Order of Italy: Lessons for (and from) Thailand …” „… the constitution. In order to design the lines of “conflict” and the institutions of “consent” within …” „… created in the “Statute of workers” (1970) in order to resolve social conflict at the time. Still a decade …”

Henning Glaser Crisis, Conflict and Consensus in the Constitutional Basic Order – An Introduction S. 9-22

„… scenarios of conflict and crisis in the constitutional basic order seems to prove him right, not only with …” „… distinct regional development, in terms of conflict and crisis over the constitutional basic order, has …” „… issue of conflict and consent in the basic constitutional order is indeed of actual importance …”

Titelei/Inhaltsverzeichnis S. 1-8

„… “Norms, Interests, and Values – Conflict and Consent in the Constitutional Basic Order” is the product of …” „… OrderNomosCPG Series of Comparative Constitutional Law, Politics and Governance2CPG Series of Comparative …” „… ValuesConflict and Consent in the Constitutional Basic OrderHenning Glaser370 p.Includes bibliographic …”

Henning Glaser Constitutional Conflict and Restatement: The Challenge and Transformation of the Hegemonic Basic Consent in Thailand S. 291-344

„… 291 Constitutional Conflict and Restatement: The Challenge and Transformation of the Hegemonic …” „… constitutional crisis produced by this ‘conflict of colors’ amounts almost to what could be labeled as a “deep …” „… community, and the fundaments of the whole societal and political order: the country’s fundamental consent …”

Yon Machmudi The Development of Political Islam in Indonesia S. 237-248

„… era Orde Baru, 2001, pp. 43-62. Constitutional Conflict and the Idea of New Constitution in Turkey 241 …” „… the repressive policies of the New Order regime. In the 1970s the generation of political Islamic …” „… . Constitutional Conflict and the Idea of New Constitution in Turkey 239 and envisioned the creation of a state …”

Sibel Inceoğlu Constitutional Conflict and the Idea of New Constitution in Turkey S. 159-180

„… Conflict In order to comprehend the areas of conflict, one must know the constitutional history of Turkey …” „… 159 Constitutional Conflict and the Idea of New Constitution in Turkey Sibel Inceoğlu Although …” „… areas of constitutional conflict in Turkey are diverse, we can say that the basic issues of conflict are …”

Li-ann Thio Constitutionalism and Religious Diversity in Singapore: A via media Between Principle and Pragmatism? S. 197-236

„… order. Three points of departure are worth highlighting. First, the Singapore Constitution excluded any …” „… . 766-799; Thio, “Constitutional ‘Soft’ Law and the Management of Religious Liberty and Order: The 2003 …” „… religious harmony is threatened, either when there is inter-communal conflict or where members of a …”

Vicente Reyes, Charlene Tan Political Values in Asia, the ASEAN Political Security Community and Confucius’ Philosophy S. 345-370

„… origin. There is a need to recognize alternative models of organizing state and normative orders in Asia …” „… Asia in order to give the West a holistic view of Asia. However, as not all Asian leaders support the …” „… made it one of the flashpoints of conflict in the 21st century. The increasingly militarized Korean …”

Maurice Adams Constitutional and Socio-Political Dynamics in Belgium and the Netherlands S. 89-128

„… one of the few scholars to study conflict and stability in the basic constitutional order in a more …” „… conflicts of competence between the different levels of government. As there was no hierarchy of legislative …” „… conflicts of competence between the Communities/Regions and the federal state. To resolve these conflicts …”

Gábor Attila Tóth Hungary’s Constitutional Transformation from a Central- European Comparative Perspective S. 129-158

„… itself, according to many observers, are in conflict with some of the basic features of democratic …” „… Order” of the German-Southeast Asian Center of Excellence for Public Policy and Good Governance and …” „… of our common future will be work, home, family, health and order.”25 The election results opened the …”

Osama Siddique The Other Pakistan: Special Laws, Diminished Citizenship and the Gathering Storm S. 249-290

„… coalition of international interests and local undemocratic regimes, in order to fight wars that the …” „… re-emphasizing that the valley of Swat and its larger surrounding area – for which, in order to illustrate the …” „… tribal belt in modern Pakistan as a center of influence in order to maintain heightened vigilance on …”

Robert Esser The Protection of State Interests and the Constitutional Order in German Criminal Law S. 55-74

„… conflict-laden process of “internal legal unity”4 in reunified Germany. Laws against criminal offences meant to …” „… 55 The Protection of State Interests and the Constitutional Order in German Criminal Law Robert …” „… . Introduction The democratic order of a state struggles daily for public support. It is challenged by extreme …”

Jau-Yuan Hwang Divided National Identities and Constitutional Changes: The Case of Taiwan S. 181-196

„… October 1945, under the authorization of General Order no. 11 issued by Douglas MacArthur as the Supreme …” „… ____________________ 1 For the text of this order, see http://www.taiwandocuments.org/surrender05.htm, last visited 10 …” „… establish so-called “Mainland Representatives,” in order to symbolize the ROC’s virtual representation of …”

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China in Search of a Harmonious Society

Guo And Guo

2008

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8 Conflict of Rights and Integration of Order: Real Estate Disputes and Government Management in New Urban Communities Tang Juan S. 185-214

doi.org/10.5771/9780739130421

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Indonesia's Search for Democracy

Matthias Heise (ed.), Kathrin Rucktäschel (ed.)

Series: Transformation, Development, and Regionalization in Greater Asia

Volume 10 2013

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I Nyoman Sudira Interethnic Conflict Management in Indonesia: The Municipality of Denpasar, Bali S. 123-142

„… significant impact on the conflict in Bali. The “Reformation Order” (Reformasi, the era of democratization …” „… 123 Interethnic Conflict Management in Indonesia: The Municipality of Denpasar, Bali I Nyoman …” „… Sudira Introduction The chapter at hand will examine the history of conflict, violence, and its …”

Bangkit Rahmat Tri Widodo Indonesia’s Peacekeeping Missions within the “Independent and Active Foreign Policy” S. 143-162

„… contribution to UNIFIL is important in several aspects. Firstly, the willingness of both conflict-parties …” „… shall be engaged to “contribute to the establishment of a world order based on independence, perpetual …” „… conflicts have shifted from mostly interstate conflicts to largely intrastate conflicts after the end of …”

Adrianus Harsawaskita Rationale for Defending Indonesia: The Case of the Lombok Treaty S. 97-122

„… . In order to answer this question, concepts of foreign policy-making focusing on the state as a …” „… settlement of the Western Papua conflict. He responded by unilaterally repudiating the nation’s debt as …” „… Australia Months of intense conflict in the former Portuguese colony of Timor did not change the …”

Franz Magnis-Suseno Indonesia’s Challenge: Making Democracy Succeed S. 23-36

„… years after the fall of Suharto’s New Order regime things are not going well in Indonesia. True …” „… and internal conflicts have been stemmed, and Indonesia took the global financial crisis of 2008 and …” „… ,” “individualistic” democracy out of hand (30 years later his ideas were resurrected by ideologists of the New Order …”

Yasintha Sembiring The Indonesian Media between Freedom and Responsibility: A Study of the Ambalat Block DisputeMargareth S. 277-298

„… of complexity and a sound analysis of such conflict will go beyond military skirmishes and their …” „… that the pursuit of his own welfare should not conflict with, nor in any way harm the right of others …” „… on media reports. In order to see the application of a 14 Williams 1983, p. 130. 15 Hegel 2005 …”

Enrico Fels Dancing with the Dragon: Indonesia and Its Relations to a Rising China S. 163-190

„… own. 164 1. Indonesia as a Middle Power in Asia Pacific The Concept of Middle Powers2 In order to …” „… well as providers of peace and order.5 He furthermore outlines that accrediting middle powers with an …” „… that of conflict managers, moral powers and status seekers.15 Robert Keohane added that a middle power …”

Matthias Heise The Challenge of Civil-Military Relations in Indonesia’s Democratic Consolidation: Reforming the Institutional Setting and Military Education S. 37-66

„… (military) veto actors on the macro level in order to achieve the overall goal of a consolidated and …” „… . On the other hand, the question arises of how the institutional structures can be shaped in order to …” „… In order to connect civic education with the case of civil-military reform in Indonesia, the line of …”

Will Albert Triwibowo, Aknolt Kristian Pakpahan Fighting Corruption in Indonesia: In Search of Greater Political S. 233-258

„… conflicts with the regulations and laws; (d) of embezzlement which refers to government officials who …” „… , among other reasons, by the conflict of interests inside the KPK itself. In Article 3 of Law 30/2002 on …” „… handling of the investigation of corruption cases is also not independent and easily rocked by conflict of …”

Matthias Heise, Kathrin Rucktäschel Indonesia’s Democratic Consolidation: Political, Security, and Economic Perspectives S. 7-18

„… conflict’s settlement and management since the reign of Suharto’s New Order. Drawing on guideline theories …” „… elections since 1998, and had improved the freedom of press, appeased ethno-religious conflicts, and …” „… Lombok Treaty. In the chapter on Interethnic Conflict Management in Indonesia: The Municipality of …”

Kathrin Rucktäschel Indonesia’s Environmental Policy Related to Forestry Issues: Caught between International Posture and Internal Conditions S. 67-96

„… multi-level system of administration aimed at ending the previously existing conflicts over co-determination …” „… . But, next to the increasing number of violent conflicts over land-use that are recognized by the …” „… Arnold’s assessment that since decentralization has been established, “the conflicting interests of …”

Bob S. Hadiwinata, Christoph Schuck Indonesia’s Democratic Consolidation under Stress? S. 19-22

„… defeated actors and the easing of tension in violent conflict areas like Aceh, Maluku, and Central …” „… consolidation of systems in transition poses a particular challenge. In addition to the three fundamental …” „… problems of democracy studies – (1) widely divergent views on the question of whether democracies are …”

Antje Missbach Stuck in Limbo: Transit Migration in Indonesia S. 259-276

„… transit when they run out of money. In order to earn and save money to finance fuhole” that is employed …” „… restrictive EU policies rather than the cessation of conflict.23 In contrast, although Australia’s annual …” „… government orders any “suspicious” boat in the territorial waters of Australia could be removed and …”

Markus Paesler, Katharina Vitt Quintessential Elements of Indonesian Economic Policy in SBY’s First Term 2004–2009 S. 191-210

„… problems have to be addressed on behalf of the majority of the population, in order to, third, secure …” „… beginning of the term. We proceed by giving an account of concrete economic policy measures. In order to …” „… power on the government level. SBY had to resort to a strategy of sharing power in order to enable …”

doi.org/10.5771/9783845239118

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Violent Places

Tobias Greiff

2018

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3 Violence in Everyday Positioning S. 53-76

„… increase conflict tensions on the ground. Therefore, the most important question to ask at the beginning of …” „… conflict and violence in Bosnia at all? 1 Martin Heidegger, The Basic Problems of Phenomenology …” „… of the largest developments and turning points my engagement with conflict in Bosnia has gone through …”

9 Conclusion S. 303-320

„… of the region’s transition to a liberal free market and value order, an order which publically …” „… tell us, or allow us to say, about the lives and conflict potentials of these now familiar looking …” „… conflict potentials. But what about what lies ahead of us at the end of the new highway – is Sarajevo, at …”

4 Politics of Public Places S. 77-110

„… and conflict in Bosnia is not an entirely new approach. Particular places have been in the center of …” „… processes and conflict in Bosnia.10 However, understanding the political meaning of a place is more …” „… , Conflict, and Identity: Essays in Political Anthropology (Albany: State University of New York Press, 1993 …”

2 Stories of Violence S. 17-52

„… knowledge. The reason why this review has to be more than an evaluation of established knowledge – in order …” „… producing disadvantages, nourishing asymmetries, or even creating potential sources of further conflict? In …” „… highly depends on authority. Authority is related to a broad band of other texts. In order to be …”

5 Mostar S. 111-154

„… direct result of the peace negotiations and as such, in order to grant a maximum level of stability and …” „… stability of Bosnia as a state. In order to understand the large fault lines separating the people and …” „… Herceg Bosna (HRHB). The switch in the word order of Bosnia and Herzegovina to Herceg Bosna demonstrated …”

8 Banja Luka S. 249-302

„… conflicts, Serb and Croat leaders turned the Hajduks into defenders of Christianity against the spread of …” „… mountains in order to defend their families and way of life, became a powerful Serb and Bosnian Serb …” „… and with it the emergence of new moral orders and ways of life. For modern day Bosnia, in particular …”

1 Introduction S. 1-16

„… ”. Thorsten Gromes, “Democracy, Diversity, and Conflict: Containing the Dangers of Democratization: A Record …” „… phenomenon of social conflict in the country today. Chapter 2, in the form of a critical literature review …” „… , serves as a first attempt in this direction; deconstructing our current pictures of conflict in Bosnia …”

7 Goražde S. 197-248

„… act that lies outside the local moral order and therefore justifies treating Roma, all of them, as …” „… colors, is part of a monastery complex of the Franciscan order. As we did not observe this grouping in …” „… Detainees of the RS in order, according to a statement by their president BranislavDukić, to commemorate …”

6 Sarajevo S. 155-196

„… museum remains closed most days. Sometimes buses of young people stop, not now to learn about a conflict …” „… major flooding of the following spring allowed the old political elite to once again establish order …” „… their version of Bosnia’s future, is that in order to become or remain a successful trend-setter, the …”

doi.org/10.5771/9783828869387

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Law and Politics

Meinrad Handstanger (ed.), Benedikt Harzl (ed.), Stephan Hinghofer-Szalkay (ed.), Emma Lantschner (ed.), Elmar Pichl (ed.), Jürgen Pirker (ed.), Klaus Poier (ed.), Günther Rautz (ed.), Gabriel N. Toggenburg (ed.), Hedwig Unger (ed.)

2022

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Maximilian Lakitsch Human Security and its Discontents: Facing the Pitfalls of a Depoliticization of Peace S. 851-868

„… Furthermore, in order for a government to be capable of preventing violent conflict, it has to respond to the …” „… stated in the Human Development Report of 1994. Thus, it describes human well-being and violent conflict …” „… David Chandler described as a depoliticization of conflict and peace.5 This notion reflects a trend of …”

Levente Salat Reconciling political unity, legal equality and ethnic diversity S. 461-480

„… literature: diversity facilitates conflict, on the one hand, and triggers form of cooperation in order to …” „… causes of conflict, hypotheses have been put forward regarding the role of various types of diversity …” „… (like polarization and segregation) in facilitating ethnopolitical conflict, the impact of structural …”

Antonija Petričušić Symbols that Unite the Ones are Symbols that Divide the Others S. 385-412

„… prerequisite of non-discrimination and equality, as well as an important identity marker, and as a conflict …” „… integration into wider society with conflict prevention. The Ljubljana Guidelines on Integration of Diverse …” „… internal legal order of the Republic of Croatia or when so stipulated for by a statute of a county or by a …”

Francesco Palermo Language rights of national minorities and beyond: between autonomy and integration S. 287-306

„… diplomatically in order to prevent minority-related conflicts. Also the Council of Europe developed important …” „… minorities are countless, including in times of peace, and have the potential to escalate into real conflicts …” „… , the international instruments fell victims of their own success: after proving effective in order to …”

Andrea Carlà The Politics of Events: Twenty Years of 9/11 S. 681-708

„… policies of social cohesion in order to avoid conflicts.82 The way the terrorist attack was understood in …” „… the control of land borders in order to stop the entrance of undocumented people. The strategy to …” „… foremost as a labor and social issue rather than an issue of law and order. As explained by officers in the …”

Claudio Corradetti Understanding J. Marko’s Model of ‘Multiple Diversity Managements‘: on the Functional Integration of Law and Politics S. 511-530

„… instruments and fields of investigation in order to maintain a clear – scientific – focus on their objects of …” „… the application of law: in order to determine the ‘meaning’ of the constitutional principle of …” „… preliminary what democracy is in order to be able to determine, next, what it is in relation of a …”

Drino Galicic Legalisation of politics or politicization of law in Bosnia and Herzegovina: the authority of courts as collateral damage S. 1031-1046

„… accommodate the divergent interests and demands of the other subcultures and to transcend cleavages in order …” „… Legalisation of politics or politicization of law in Bosnia and Herzegovina: the authority of …” „… decision of the European Court of Human Rights (ECtHR) in the case of Sejdić and Finci vs. Bosnia and …”

Aistė Mickonytė The Law and Politics of the Freedom of Religion: The Achbita Case of the European Court of Justice S. 757-770

„… underexplored – yet not at all undisputed – question has come to the fore of the legal order of the European …” „… conflict has brought to light the rising tension between the objectives of the internal market and the …” „… ideology-infused contours, whereby the boundaries of religious freedom are construed within a conflict between the …”

Michael Keating Building on Sand? Some Thoughts on the Ontological and Normative Foundations of Self-Determination S. 931-940

„… been contested and in which rival traditions of pactism and negotiated order are familiar. Such …” „… order.TerritoryAnother key element of the traditional nationalist claim concerns territory. In relation to the subject …” „… groups to cooperate with each other or engage in civil conflict. The other conception of territory is …”

Mikhail Antonov Russian conservatism and human rights in Europe S. 869-888

„… politicians and scholars as a beginning of the end of the post-Soviet world order.8 Paradoxically, Russia can …” „… , but also legal orders of some leading Western states, let alone East- and Central-European …” „… expediency).17 The extent of such political justice will vary in different legal orders, but it cannot be …”

Kerstin Wonisch Religious Minorities in the Middle East: Caught between remnants of Islamic Law and Sectarian Politics S. 789-814

„… and Christians but also Zoroastrians in order to safeguard the life and property of these communities …” „… Article 16 of the Charter of Medina.13 Y. Yildirim, ‘The Medina Charter: A Historical Case of Conflict …” „… of Muslim countries when adopting their own laws based on the understanding of the Shari’a, in order …”

Josip Kregar Rule of Law and Democratic Politics: The Challenge of Populism S. 131-144

„… democratic order, fair procedures of decision making and governance, the goal rationality (Zweckrationalität …” „… political order. Indeed, the stability of democracy is based on the principle that people perceive electoral …” „… for more flexible political order. The idea of democratization of democracy19 was established as a …”

Verena Wisthaler Wanted and unwanted migrants in South Tyrol. Constructing the collective identity through ‘othering’ S. 631-654

„… perception of conflict between the two linguistic groups has also decreased substantially over time. While in …” „… , stemming from the ‘increase of social insecurities and conflicts due to uncontrolled immigration’ (UfS …” „… it would devote special attention to the maintenance of public order in South Tyrol, ‘which is said …”

Arben Hajrullahu ‘Divided in Diversity’: Identity Perceptions and Revisionist Politics S. 561-574

„… in-between the big empires’, and the subsequent ever-lacking stability of state order, one discerns that …” „… 562the Cold War, led to intense conflicts and a rapid decline in the value of life.3In ‘The Black Book …” „… for overcoming the Serbia – Kosovo conflict. And the absence of a lasting solution in the dispute …”

Leonidas Makris, Zoran Ilievski Mill’s Perfectionism: A Concrete Political and Moral Vision for Happiness and the Good S. 79-102

„… people are to achieve a more valuable kind of happiness, in a kind of human condition and social order he …” „… conflicts of value. He specified that for deciding which pleasures are of greater value we should only …” „… describe Mill’s liberalism clarifying that he refers to a distinctive conception of the human good and …”

Patricia Popelier Taking legal merit seriously: a plea for legal scholars to engage in empirical legal studies S. 53-64

„… impact of the judge’s ideological stance on the courts’ outcomes and, in second order, in their strategic …” „… difference between the samples of political conflict and non-political conflict cases.Finally, as explained …” „… room for legal considerations in the resolution of judicial conflicts.39 T. Malloy, R. Medda-Windischer …”

Karl Kössler Sovereignty and Secession: Theoretical, Legal and Political Perspectives S. 941-958

„… Government to ensure the consistency of both constitutional orders (Article 28(3)) and the precedence of …” „… indivisible sovereignty (of constituent units of a federal country) in order to buttress their claims for …” „… : Ethnic Conflict, Constitutional Fissure, Negotiated Breakup (Ann Arbor, University of Michigan Press …”

Roberto Toniatti The Recognition of a New Minority by Judicial Ruling: the Case of the LGBTI Community in Nepal S. 737-754

„… by the Constituent Assembly in order to institutionalize the achievements of the revolution and …” „… review of the Supreme Court are (tentatively) restricted in order to keep their exercise within proper …” „… judicial execution or not abiding by its order or verdict”.7 On the jurisdiction of the Supreme Court see …”

Sia Spiliopoulou Åkermark Multilingualism in Law across Europe – Comparative Lessons from the ELDIA Research Project S. 307-340

„… and courts, are characterised by a low level of accessibility in the Austrian legal order. Due to the …” „… practice. In the field of topography years of burdensome proceedings have been necessary in order to make …” „… , such as Estonia having to meet certain conditions in order to become a member of several international …”

Marko Kmezić How can EU influence Democratization in the Western Balkans: Civil Society and Europeanization S. 993-1010

„… by EU actors in order to strengthen the capacity of civic society organizations, the media …” „… required to include additional non-political actors in the process of Europeanization in order to pair EU’s …” „… efforts by means of pressuring domestic elites in order to internalize EU values. In concrete terms, new …”

Benedikt Harzl Nation und Territorium im Wechselspiel von Recht, Ideologie und Konflikt: Notizen zur Weichenstellung der Konfrontation am Ende der Sowjetunion S. 909-930

„… Karl Cordell and Stefan Wolff (eds), Routledge Handbook of Ethnic Conflict (London and New York …” „… Post-Conflict Situations: The Case of Bosnia-Herzegovina”, 30(503) Vermont Law Review (2006), 503–550, at 526.49 …” „… conflict not so much with the collapsing central power as with the authorities of the newly independent …”

Alexandra Tomaselli The Intertwinement of History, Law and Politics in the case of Indigenous Peoples’ Rights in Latin America S. 709-736

„… other obstacles. For example, they tend to be at the mercy of internal conflicts caused by drug trade or …” „… contained a combination of laws.36 Inter alia, this new legal order included the Valladolid New Laws (Leyes …” „… The Intertwinement of History, Law and Politics in the case of Indigenous Peoples’ Rights in Latin …”

Georg Grote „Verfasst um mürische Mihnen fröhlich zu machen.“ – Soldat und Dichtung im Ersten Weltkrieg S. 889-906

„… from which they had been separated, and the pleasures and security of their pre-war existence were …” „… remembered (and idealised),” Martyn Lyons, The Writing Culture of Ordinary People in Europe, c.1860 – 1920 …” „… mitmenschliche Zuneigung kein Platz ist. Braunhofer, der offensichtlich 4 „The loss of individual identity, and …”

Roberta Medda-Windischer Changing Perspectives in Minority Studies: A Human Rights Model of Diversity Governance for Old and New Minorities S. 483-510

„… order to ensure the continued development of their distinct culture. This differentiation could be …” „… this definition, the element of citizenship, which is usually required by states in order to limit the …” „… Protection for Old and New MinoritiesIn order to define a common but differentiated system of protection, it …”

doi.org/10.5771/9783748933113

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