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La Limitacion Des Droits De Lhomme En Droit Constitutionnel Compare
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Book Synopsis Limitation Des Droits de L'homme en Droit Constitutionnel Comparé by : Armand L. C. De Mestral
Download or read book Limitation Des Droits de L'homme en Droit Constitutionnel Comparé written by Armand L. C. De Mestral and published by Cowansville [Québec] : Éditions Y. Blais. This book was released on 1986 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Terrorism and the Limitation of Rights by : Stefan Sottiaux
Download or read book Terrorism and the Limitation of Rights written by Stefan Sottiaux and published by Bloomsbury Publishing. This book was released on 2008-02-29 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.
Book Synopsis The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence by : Howard Charles Yourow
Download or read book The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence written by Howard Charles Yourow and published by BRILL. This book was released on 2021-09-27 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence is the first full-length monograph to treat this subject, which is of central importance to the interpretation and application of the European Convention on Human Rights. It will enrich the understanding and appreciation of judges, advocates, civil servants, scholars, researchers, students, and indeed of anyone whose life and work is affected by national and international human rights adjudication. This thorough and learned analysis synthesizes the work of the Strasbourg judicial organs, proceeding in the light of the ongoing debates on the appropriate place of the margin doctrine in the Strasbourg jurisprudence. The author's rich conclusions add texture and perspective to the future judicial and scholarly dialogues which will no doubt continue to surround this subject matter. The text is eminently readable, written in a clear and precise style to be appreciated by the novice and specialist alike. The newcomer to human rights and to the Convention will find it an inviting introduction to complex material; the expert will gain new and expanded insights into the development of the case law rarely to be found in this breadth and depth.
Book Synopsis The Procedural and Organisational Law of the European Court of Justice by : Christoph Krenn
Download or read book The Procedural and Organisational Law of the European Court of Justice written by Christoph Krenn and published by Cambridge University Press. This book was released on 2022-09-22 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.
Book Synopsis La Limitación des droits de l'homme en droit constitutionnel comparé by :
Download or read book La Limitación des droits de l'homme en droit constitutionnel comparé written by and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Courts and Comparative Law by : Mads Andenas
Download or read book Courts and Comparative Law written by Mads Andenas and published by OUP Oxford. This book was released on 2015-07-30 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.
Book Synopsis Limitation of Rights by : Gerhard Van der Schyff
Download or read book Limitation of Rights written by Gerhard Van der Schyff and published by . This book was released on 2005 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Restraints on the Use of Military Force by : Thilo Marauhn
Download or read book Legal Restraints on the Use of Military Force written by Thilo Marauhn and published by BRILL. This book was released on 2020-12-15 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Michael Bothe is one of the most prominent and influential scholars of international humanitarian law. His publications on legal restraints on the use of military force were not only important at the time of their publication. They continue to be relevant for the interpretation and further development of this highly important area of international law. This volume uniquely collects a wealth of writings that demonstrate that political ideals coupled with a sense of human responsibility can benefit from solid doctrinal underpinnings in international law. Michael Bothe's work brings together idealism, pragmatism and the law in a unique fashion that not only provides insights into important matters of every day politics but also serves as a stimulus for future contributions to the field. The volume thus provides guidance, food for thought and incentives for debate in the international legal community, among practitioners and academics alike. Michael’s doctrinal skills, combined with his contextualized assessment of the law, and his deep empathy for the needs of human beings in difficult situations, with a particular view to the victims of armed conflict, will provide a stimulus to scholars to address these issues in the future.
Author :Gian Antonio Benacchio Publisher :Central European University Press ISBN 13 :9637326367 Total Pages :331 pages Book Rating :4.6/5 (373 download)
Book Synopsis A Common Law for Europe by : Gian Antonio Benacchio
Download or read book A Common Law for Europe written by Gian Antonio Benacchio and published by Central European University Press. This book was released on 2005-01-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.
Book Synopsis Proportionality and the Rule of Law by : Grant Huscroft
Download or read book Proportionality and the Rule of Law written by Grant Huscroft and published by Cambridge University Press. This book was released on 2014-04-21 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading constitutional theorists debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning.
Book Synopsis The Use of Comparative Law by Courts by : Ulrich Drobnig
Download or read book The Use of Comparative Law by Courts written by Ulrich Drobnig and published by Springer. This book was released on 1999 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new volume contains fourteen national reports and a General Report on the use of comparative law by courts, which were presented at the XIVth International Congress of Comparative Law in Athens. It provides a general survey of the frequency and methods of a comparative recourse to foreign law by courts, describing both the methods of such recourse and the typical fields in which it is undertaken. The reports offer an interesting cross-section of contemporary court practice from a wide variety of countries around the world andndash; large and small, unitary and federal, and with differing historical backgrounds. All demonstrate the needs of national courts to look to foreign law for inspiration or as a model for dealing with new, unsettled issues of national law, and the reports illustrate well the impact of divergent traditions, attitudes and surrounding circumstances. Of special interest are both the role of comparative law and the comparative method employed in the practice of a supranational court, such as the European Court of Justice. In addition to the General Report, this volume contains national reports from the following countries: Canada, European Union, France, Germany, Greece, Iceland, Israel, Japan, Luxembourg, The Netherlands, United Kingdom and United States of America.
Book Synopsis Regulating Religion by : James T. Richardson
Download or read book Regulating Religion written by James T. Richardson and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulating Religion: Case Studies from Around the Globe presents, through the inclusion of contributions by international scholars, a global examination of how a number of contemporary societies are regulating religious groups. It focuses on legal efforts to exert social control over such groups, especially through court cases, but also with selected major legislative attempts to regulate them. As such, this analysis falls within the broad area of the sociology of social control and more specifically, legal social control, a topic of great interest when studying how contemporary societies attempt to maintain social order. The factual details about social and legal developments in societies where religion has been defined as problematic include Western and Eastern Europe, Asia, Oceania, and the Americas. This book will be of interest to researchers and students in the sociology of religion, the sociology of law, social policy, and religious studies as well as policy makers.
Book Synopsis The Protection of Fundamental Rights in Europe by : Carlo Casonato
Download or read book The Protection of Fundamental Rights in Europe written by Carlo Casonato and published by Trento: Università degli studi di Trento. This book was released on 2004 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Academie De Droit International De La Ha Publisher :Martinus Nijhoff Publishers ISBN 13 :9789028612020 Total Pages :640 pages Book Rating :4.6/5 (12 download)
Book Synopsis Recueil Des Cours, Collected Courses 1953 by : Academie De Droit International De La Ha
Download or read book Recueil Des Cours, Collected Courses 1953 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Land, Law and Politics in Africa by : Jan Abbink
Download or read book Land, Law and Politics in Africa written by Jan Abbink and published by BRILL. This book was released on 2011-11-11 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a series of new studies on the dynamics of political and legal culture as well as of conflict management in contemporary Africa, taking inspiration from and honoring the scholarly contributions and impact of Prof. Gerti Hesseling (1946-2009) in African Studies.
Book Synopsis International Law, Conflict and Development by : Walter Kälin
Download or read book International Law, Conflict and Development written by Walter Kälin and published by BRILL. This book was released on 2010-01-11 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experience and research have long shown an intrinsic link between human rights, conflict and development. This interdependence between different areas, doctrines, and disciplines calls for a genuinely coherent, holistic approach in International Affairs. With the challenges the work for the protection and respect of humanity encounters, this book intends to bring together articles and ideas that indicate the complexity of such an endeavor. The chapters, written by academics and practitioners encompass snapshots of crucial development lines as well as conceptual ideas and frameworks. In doing so the book provides insight to the principal understanding that peace efforts, encapsulating human rights, conflict management and development, can only be sustained and flourish as long as conflicting parties have at least a minimal consensus and will to settle their differences peacefully. As a Liber Amicorum for Joseph Voyame the book honors the determination for humanity and respect for human dignity and peaceful mitigation of conflict which marked his life and work.
Book Synopsis Memory and Punishment by : Emanuela Fronza
Download or read book Memory and Punishment written by Emanuela Fronza and published by Springer. This book was released on 2018-02-27 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).
