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Germanys Equality Of Rigths As Legal Problem
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Book Synopsis Germany's equality of rights as legal problem : paper read at the first plenary meeting of the Academy of German Law on November 5, 1933 by : Viktor Bruns
Download or read book Germany's equality of rights as legal problem : paper read at the first plenary meeting of the Academy of German Law on November 5, 1933 written by Viktor Bruns and published by . This book was released on 1935 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Germany's Equality of Rights as Legal Problem by : Viktor Bruns
Download or read book Germany's Equality of Rights as Legal Problem written by Viktor Bruns and published by . This book was released on 1935 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Germany's Equality of Rights as Legal Problem by : Viktor Bruns
Download or read book Germany's Equality of Rights as Legal Problem written by Viktor Bruns and published by . This book was released on 1935 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Germany's Equality of rigths as legal problem by : Viktor Bruns
Download or read book Germany's Equality of rigths as legal problem written by Viktor Bruns and published by . This book was released on 1935 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Country Report, Gender Equality by :
Download or read book Country Report, Gender Equality written by and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The German legal system is a federal, statutory law system. The centre of legal thought and practice is the parliamentary statute (although the practice - as we will see - is far more differentiated and fuzzy). The system is hierarchical: federal law takes precedence over state law, and every law has to be in compliance with the Constitution. Due to the federal system, legislative powers are distributed between the federal and the state (Land) level in Germany. Most legislative powers relating to the key issues addressed by the gender equality directives still rest at the federal level. However, over the years, state competences have increased in relation to the civil service and work in the public sector. Legal and political disputes about gender equality are now often linked to the states' equality and higher education laws. Despite the importance of statutory law, areas of significance in respect of gender equality, such as the multitude of social security schemes or many aspects of working life, are shaped not only by federal and state law, but also by collective and works agreements or the internal regulations of professional organisations with a right to self-regulate. Although internal regulations and collective agreements must comply with constitutional requirements, in the opinion of the author of this report, the level of judicial review concerning questions of gender equality in these areas of law leaves a great deal to be desired. In addition, case law plays an important role and decisions of the higher and federal courts may have great influence and impact. Courts are established at the regional, state and federal level. Labour courts deal with discrimination in the field of employment, except for discrimination within the civil service (which falls under the ambit of the administrative courts). The civil courts decide on claims concerning the provision of goods and services under civil law, while the administrative courts are competent for claims against public authorities. There are also specialised courts for social and tax law. Every court in Germany is obliged to examine whether the laws and regulations it intends to apply are in accordance with the Constitution including the constitutional guarantee of gender equality. It is true that only the Federal Constitutional Court is competent to decide on the constitutionality (and thus, validity) of laws enacted by the Federal Parliament (Bundestag) and therefore, all other courts questioning the constitutionality of parliamentary statutes have to refer to the Federal Constitutional Court for a decision ('special judicial review of statutes' or 'referral').1 In addition to statutes, court decisions in violation of the principle of constitutional equality can also be subject to an annulment by the Federal Constitutional Court. The competence to review and, in some cases, decide upon questions of compatibility with constitutional and EU law offers considerable opportunities for courts to further gender equality and to fight gender discrimination. Every court is competent to refer the question of constitutionality of a parliamentary statute to the Federal Constitutional Court and to review non-parliamentary regulations without referral. Every court is competent to directly apply EU gender equality law, to interpret national law in compliance with the EU directives and to refer questions of compatibility with EU law to the CJEU. Although claimants cannot oblige a national court to refer the case to the Federal Constitutional Court when doubting the constitutionality of national law, the refusal of a referral to the CJEU may be challenged before the Federal Constitutional Court as a violation of the right to due process before the legally competent judge.
Book Synopsis Country Report, Gender Equality by :
Download or read book Country Report, Gender Equality written by and published by . This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The German legal system is a federal, statutory law system. The centre of legal thought and practice is the parliamentary statute (although the practice - as we will see - is far more differentiated and fuzzy). The system is hierarchical: federal law takes precedence over state law, and every law has to be in compliance with the Constitution. Due to the federal system, legislative powers are distributed between the federal and the state (Land) level in Germany. Most legislative powers relating to the key issues addressed by the gender equality directives still rest at the federal level. However, over the years, state competences have increased in relation to the civil service and work in the public sector. Legal and political disputes about gender equality are now often linked to the states' equality and higher education laws. Despite the importance of statutory law, areas of significance in respect of gender equality, such as the multitude of social security schemes or many aspects of working life, are shaped not only by federal and state law, but also by collective and works agreements or the internal regulations of professional organisations with a right to self-regulate. Although internal regulations and collective agreements must comply with constitutional requirements, in the opinion of the author of this report, the level of judicial review concerning questions of gender equality in these areas of law leaves a great deal to be desired. In addition, case law plays an important role and decisions of the higher and federal courts may have great influence and impact. Courts are established at the regional, state and federal level. Labour courts deal with discrimination in the field of employment, except for discrimination within the civil service (which falls under the ambit of the administrative courts). The civil courts decide on claims concerning the provision of goods and services under civil law, while the administrative courts are competent for claims against public authorities. There are also specialised courts for social and tax law. Every court in Germany is obliged to examine whether the laws and regulations it intends to apply are in accordance with the Constitution including the constitutional guarantee of gender equality. It is true that only the Federal Constitutional Court is competent to decide on the constitutionality (and thus, validity) of laws enacted by the Federal Parliament (Bundestag) and therefore, all other courts questioning the constitutionality of parliamentary statutes have to refer to the Federal Constitutional Court for a decision ('special judicial review of statutes' or 'referral').1 In addition to statutes, court decisions in violation of the principle of constitutional equality can also be subject to an annulment by the Federal Constitutional Court. The competence to review and, in some cases, decide upon questions of compatibility with constitutional and EU law offers considerable opportunities for courts to further gender equality and to fight gender discrimination. Every court is competent to refer the question of constitutionality of a parliamentary statute to the Federal Constitutional Court and to review non-parliamentary regulations without referral. Every court is competent to directly apply EU gender equality law, to interpret national law in compliance with the EU directives and to refer questions of compatibility with EU law to the CJEU. Although claimants cannot oblige a national court to refer the case to the Federal Constitutional Court when doubting the constitutionality of national law, the refusal of a referral to the CJEU may be challenged before the Federal Constitutional Court as a violation of the right to due process before the legally competent judge.
Book Synopsis The German Constitution by : Germany
Download or read book The German Constitution written by Germany and published by . This book was released on 1919 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Equality in Law: Germany by : Klaus Bertelsmann
Download or read book Equality in Law: Germany written by Klaus Bertelsmann and published by Martinus Nijhoff Publishers. This book was released on 2023-08-28 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Constitutional Jurisprudence of the Federal Republic of Germany by : Donald P. Kommers
Download or read book The Constitutional Jurisprudence of the Federal Republic of Germany written by Donald P. Kommers and published by Duke University Press. This book was released on 1997 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kommers's comprehensive work surveys the development of German constitutional doctrine between 1949, when the Federal Constitutional Court was founded, and 1996. Extensively revised and expanded to take into account recent developments since German unification, this second edition describes the background, structure, and functions of the Court and provides extensive commentary on German constitutional interpretation, and includes translations of seventy-eight landmark decisions. These cases include the highly controversial religious liberty and free speech cases handed down in 1995.
Book Synopsis How Rights Went Wrong by : Jamal Greene
Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Book Synopsis Indonesian and German Views on the Islamic Legal Discourse on Gender and Civil Rights by : Noorhaidi Hasan
Download or read book Indonesian and German Views on the Islamic Legal Discourse on Gender and Civil Rights written by Noorhaidi Hasan and published by Harrassowitz. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indonesian and German Views on the Islamic Legal Discourse on Gender and Civil Rights addresses current issues and discourses on gender equality and civil rights in Indonesia and Germany. Contributions to this volume delve into the legal status of Muslim women by reference to the rights to freedom from discrimination and of Muslim minority groups facing the issue of criminalization of apostasy. Despite its focus on issues related to Indonesia and Indonesian Islam, this volume also covers parallel developments and discourses in and on other countries and societies such as Iranian, Lebanese, Malaysian and German. Employing manifold perspectives and approaches, including theology, social sciences, discourse studies, and science of law, it sets out to contribute to our understanding of Islamic gender discourse and relevant legal issues among Muslims across the world. The authors include leading scholars of Germany and Indonesia, reporting researches on different but interrelated topics. Contributors are Irene Schneider, Fritz Schulze, Imen Gallala-Arndt, Friederike Wapler, Claudia Derichs, Gunnar Duttge, Noorhaidi Hasan, Hamim Ilyas, Syafiq Hasyim, Saifuddin, Siti Ruhaini Dzuhayatin, Muhrisun Afandi.
Book Synopsis Women, Business and the Law 2020 by : World Bank Group
Download or read book Women, Business and the Law 2020 written by World Bank Group and published by World Bank Publications. This book was released on 2020-04-24 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Bank Group’s Women, Business and the Law examines laws and regulations affecting women’s prospects as entrepreneurs and employees across 190 economies. Its goal is to inform policy discussions on how to remove legal restrictions on women and promote research on how to improve women’s economic inclusion.
Book Synopsis Germany for Germans by : Maryellen Fullerton
Download or read book Germany for Germans written by Maryellen Fullerton and published by Human Rights Watch. This book was released on 1995 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights Watch conducts regular, systematic investigations of human rights abuses in some seventy countries around the world. It addresses the human rights practices of governments of all political stripes, of all geopolitical alignments, and of all ethnic and religious persuasions. In internal wars it documents violations by both governments and rebel groups. Human Rights Watch defends freedom of thought and expression, due process and equal protection of the law; it documents and denounces murders, disappearances, torture, arbitrary imprisonment, exile, censorship and other abuses of internationally recognized human rights.
Book Synopsis The Constitution of the United States by : David P. Currie
Download or read book The Constitution of the United States written by David P. Currie and published by University of Chicago Press. This book was released on 2000-04-15 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: A masterly introduction to the United States Constitution, this slim book leads the reader through a concise overview of the document's individual articles and amendments. With clear and accessible language, Currie then examines each of the three branches of the federal government and explains the relation between the federal and state governments. He analyzes those constitutional provisions that are designed to protect citizens from governmental interference, such as the due process and equal protection clauses and the confusing first amendment provisions respecting the separation of church and state, and includes discussions of judicial review and freedom of speech and of the press. A sympathetic yet critical guide, Currie's book enables students and laypersons to understand one of the cornerstones of the Western political tradition. The second edition, along with an updated chronology and bibliography, incorporates the Supreme Court decisions over the past decade that have affected constitutional interpretation. "Superb . . . highly recommended for those seeking a reliable, understandable, and useful introduction to our constitution."—Appellate Practice Journal and Update
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Book Synopsis Key Aspects of German Employment and Labour Law by : Jens Kirchner
Download or read book Key Aspects of German Employment and Labour Law written by Jens Kirchner and published by Springer Science & Business Media. This book was released on 2010-06-16 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication gives an overview of all key aspects of German labour and employment law as well as adjoining fields. Legal professionals with expert knowledge and many years of experience explain the legal basis of these aspects of German law, point out typical practical problems and suggest solutions to those problems. In addition, examples are given on how to best manage legal pitfalls to minimize risks. This book translates employment and labour law for foreign in-house counsels and human resources managers at international companies and provides a clear understanding of the complex legal regulations in Germany. All three editors of the book, Dr. Jens Kirchner, Pascal R. Kremp and Michael Magotsch, are key legal professionals working at the Frankfurt office of DLA Piper, one of the largest legal services providers in the world (www.dlapiper.com), with national and multinational clients. Their experience includes the management of cross-border restructurings, outsourcing and transfer of undertaking measures, as well as the management of national and multi-jurisdictional merger and acquisitions projects, including post-merger integration processes.
Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
