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Fundamental Rights And The Rule Of Law
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Book Synopsis Rule of Law and Fundamental Rights by : Alfredo Narváez Medécigo
Download or read book Rule of Law and Fundamental Rights written by Alfredo Narváez Medécigo and published by Springer. This book was released on 2015-11-07 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.
Book Synopsis Reinforcing Rule of Law Oversight in the European Union by : Carlos Closa
Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Download or read book Abuse written by András Sajó and published by Eleven International Publishing. This book was released on 2006 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the problem of abuse - not what is commonly understood as 'abuse of human rights' where authorities violate fundamental rights by simply denying them. Rather, it refers to authorities and individuals claiming human (fundamental) rights and the rule of law in ways that violate the fundamental rights of other people. Most contributors to this volume agree that in certain instances fundamental rights are used improperly, with troubling consequences, and that making us aware of such improprieties is necessary for the most efficient and just operation of the constitutional system. Several methods how to approach the issue are covered in this book, ranging from the use of existing doctrinal categories (e.g. conflict of rights) to developing a doctrine of abuse of rights. They help in clarifying improper uses of rights and the rule of law in constitutional and international law. The thought-provoking essays in this book are a welcome contribution to the debate if and how to deal with the negative consequences of rights-based action.
Book Synopsis Constitutionalisation of Private Law by : Thomas Barkhuysen
Download or read book Constitutionalisation of Private Law written by Thomas Barkhuysen and published by BRILL. This book was released on 2006 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.
Book Synopsis The Federalist Papers by : Alexander Hamilton
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Book Synopsis Rule of Law Dynamics by : Michael Zurn
Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Download or read book The Rule of Law written by Tom Bingham and published by Penguin UK. This book was released on 2011-07-07 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Book Synopsis The Concept of the Rule of Law and the European Court of Human Rights by : Geranne Lautenbach
Download or read book The Concept of the Rule of Law and the European Court of Human Rights written by Geranne Lautenbach and published by Oxford University Press. This book was released on 2013-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revision of author's thesis (doctoral)--University of Amsterdam, 2012.
Book Synopsis Fundamental Rights Challenges by : Cristina Izquierdo-Sans
Download or read book Fundamental Rights Challenges written by Cristina Izquierdo-Sans and published by Springer Nature. This book was released on 2021-06-17 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.
Book Synopsis Fundamental Rights in International and European Law by : Christophe Paulussen
Download or read book Fundamental Rights in International and European Law written by Christophe Paulussen and published by Springer. This book was released on 2015-11-04 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute’s research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues – such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration – that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.
Book Synopsis The Cambridge Companion to Comparative Constitutional Law by : Roger Masterman
Download or read book The Cambridge Companion to Comparative Constitutional Law written by Roger Masterman and published by Cambridge University Press. This book was released on 2019-10-03 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
Book Synopsis Fundamental Rights by : Kenneth Einar Himma
Download or read book Fundamental Rights written by Kenneth Einar Himma and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of fundamental rights is one of the most important topics of our times. Strident controversies concerning the content of fundamental rights have increased worldwide, sometimes degenerating into violent conflicts. Yet legal and political theorists have so far paid insufficient attention to these controversies. This collection of essays by internationally renowned scholars is a salutary first step in the direction of resolving these disputes. The essays discuss many urgent problems concerning fundamental rights, including: how such rights can be philosophically explained; how fundamental and human rights are related; how fundamental constitutional rights protecting minorities from oppression can be justified; and how constitutional human rights provisions can be implemented and applied. The authors hope to contribute to solving the disputes on fundamental rights through intellectual consensus rather than violence. (Series: Democracy and the Rule of Law, Vol. 6) [Subject: Human Rights Law, Rule of Law, Constitutional Law]
Book Synopsis Courts, Legislatures, and Fundamental Rights by : Roel de Lange
Download or read book Courts, Legislatures, and Fundamental Rights written by Roel de Lange and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts have an important role to play in the protection of fundamental rights. There is, however, no universally accepted rule of constitutional law or constitutional doctrine which determines to which extent courts have a power to review legislative decisions or acts of government. In this lecture, the main models which are in use in different legal systems are discussed: Sovereignty of Parliament and Judicial Review. Is a new mixed model evolving? What is the importance of the relationship between national and international constitutional norms in this respect? And what can be learned from the Dutch and European experiences? Roel de Lange (1954) is Professor of Constitutional and Administrative Law and director of Human Rights Research at Erasmus Law School, Erasmus University Rotterdam.
Book Synopsis Legislated Rights by : Grégoire Webber
Download or read book Legislated Rights written by Grégoire Webber and published by Cambridge University Press. This book was released on 2018-03-01 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.
Book Synopsis Fundamental Rights and the Legal Obligations of Business by : David Bilchitz
Download or read book Fundamental Rights and the Legal Obligations of Business written by David Bilchitz and published by Cambridge University Press. This book was released on 2021-11-11 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.
Book Synopsis Smart Technologies and Fundamental Rights by : John-Stewart Gordon
Download or read book Smart Technologies and Fundamental Rights written by John-Stewart Gordon and published by BRILL. This book was released on 2020-12-07 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume, Smart Technologies and Fundamental Rights, contains fourteen outstanding and challenging articles concerning fundamental rights and Artificial Intelligence at the intersection of law, ethics and smart technologies.
Book Synopsis The Governance of EU Fundamental Rights by : Mark Dawson
Download or read book The Governance of EU Fundamental Rights written by Mark Dawson and published by Cambridge University Press. This book was released on 2017-02-16 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents the first attempt to examine how EU fundamental rights are protected and enforced by EU governing bodies.
