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La Reception Du Droit Au Logement Par La Jurisprudence
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Book Synopsis La réception du droit au logement par la jurisprudence by : Nicolas Bernard
Download or read book La réception du droit au logement par la jurisprudence written by Nicolas Bernard and published by Éditions Larcier. This book was released on 2011-11-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cela fait bientôt vingt ans que le Constituant belge a inséré dans notre charte fondamentale un article 23 consacrant le droit à un logement décent. Dès son adoption, cette disposition a charrié son lot d’interrogations, tant sur son contenu que sa mise en œuvre : quel sens conférer à l’adjectif « décent » ? quel contenu donner aux « obligations correspondantes » mises à charge du bénéficiaire ? l’article 23 a-t-il effet direct ? qui est le débiteur de cet attribut juridique inédit ? celui-ci est-il susceptible de produire des effets de droit entre particuliers ? etc. Ces questions, et de nombreuses autres encore, les cours et tribunaux belges ont eu l’occasion de les instruire, et de leur donner des réponses fouillées, parfois inattendues, toujours stimulantes. C’est que, indépendamment des éventuelles concrétisations législatives, des plaideurs audacieux n’ont pas hésité à invoquer en justice — très rapidement — l’article 23 de la Constitution, faisant leur le principe suivant lequel il ne faut pas attendre qu’un droit soit directement applicable pour en exploiter les ressources; c’est, tout à l’inverse, son utilisation judiciaire — répétée — qui lui donnera consistance. Le lecteur trouvera dans cet ouvrage le recensement de l’ensemble des décisions de justice belges ayant mobilisé le droit au logement (100 très exactement en tout !), classées par thème et agrémentées chacune d’une analyse. Il s’agit, par là, d’étudier « l’impact » du droit constitutionnel au logement sur chacune des décisions prises. Quel poids lui reconnaît-on dans la solution dégagée in casu ? Ceci étant, le passage en revue ici proposé de la jurisprudence belge en matière de droit au logement ne se réduit nullement à de la casuistique pure. L’analyse qui assortit chacune des décisions donne ainsi l’occasion de traiter toutes les questions théoriques qui, à propos de cette prérogative relevant des droits économiques, sociaux et culturels, se posent traditionnellement en doctrine.
Book Synopsis The Right to housing in law and society by : Nico Moons
Download or read book The Right to housing in law and society written by Nico Moons and published by Routledge. This book was released on 2018-05-16 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the very first negotiations of the International Covenant on Economic, Social and Cultural Rights half a century ago to the present day, socio-economic rights have often been regarded as less enforceable than civil and political rights. The right to adequate housing, even though protecting one of the most basic needs of human beings, has not escaped this classification. Despite its strong foundations in international, regional and domestic legislation, many people are still deprived of one or more of the different key elements that comprise adequate housing. How, then, can international human rights theory and case law be developed into effective vehicles at the domestic level? Rather than focusing merely on possibilities for individualized relief through the court system, The Right to Housing in Law and Society looks into more effective socio-economic rights realization by addressing both conceptual and practical stumbling blocks that hinder a more structural progress at the national level. The Flemish and Belgian housing legislation and policy are used to highlight the problems and illustrate the pathways here presented. While first and foremost legal in its approach, the book also offers a more sociological perspective on the functioning of the right to housing in practice. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers and students in the fields of international socio-economic rights law and human rights law more generally.
Book Synopsis Lectures on Justice, Police, Revenue and Arms by : Adam Smith
Download or read book Lectures on Justice, Police, Revenue and Arms written by Adam Smith and published by . This book was released on 1896 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol by :
Download or read book The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol written by and published by Oxford University Press. This book was released on 2024-01-10 with total page 2697 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.
Download or read book Revue juridique Thémis written by and published by . This book was released on 1977 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Murder, Manslaughter and Infanticide by : Great Britain: Law Commission
Download or read book Murder, Manslaughter and Infanticide written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2006-11-29 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Law Commission consultation paper 'A new homicide act for England and Wales?' was published as LCCP 177 (ISBN 0117302643) in April 2006.
Book Synopsis The Law of the International Civil Service by : Chittharanjan Felix Amerasinghe
Download or read book The Law of the International Civil Service written by Chittharanjan Felix Amerasinghe and published by . This book was released on 1988 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Cosmopolitanism by : Giuseppe Franco Ferrari
Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
Book Synopsis The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision by : Başak Başoğlu
Download or read book The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
Download or read book Social Exclusion written by Marc Humbert and published by Apollo Books. This book was released on 2012 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Just within a few decades, the global dream of building a 'middle class society' has vanished almost everywhere, giving way to an emerging global nightmare: 'social exclusion.' France and Japan have been among the most successful societies, taken as examples by the rest of the world that it is indeed possible for a nation to include almost an entire population in the middle class. However, even these two countries have suffered increasing disillusion since the 1980s. The main concern of these countries is now social exclusion. This book analyzes and contrasts the French and Japanese experiences of social exclusion. Although social exclusion in France and Japan are, in many respects, quite similar, in important respects, they are also quite different. Using a wide array of methodologies, the book presents a diverse range of perspectives on the problem of social exclusion and suggests various ways the problem might be resolved. (Series: Stratification and Inequality - Vol. 13)
Download or read book On the State written by Pierre Bourdieu and published by John Wiley & Sons. This book was released on 2018-05-18 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the nature of the modern state? How did it come into being and what are the characteristics of this distinctive field of power that has come to play such a central role in the shaping of all spheres of social, political and economic life? In this major work the great sociologist Pierre Bourdieu addresses these fundamental questions. Modifying Max Weber’s famous definition, Bourdieu defines the state in terms of the monopoly of legitimate physical and symbolic violence, where the monopoly of symbolic violence is the condition for the possession and exercise of physical violence. The state can be reduced neither to an apparatus of power in the service of dominant groups nor to a neutral site where conflicting interests are played out: rather, it constitutes the form of collective belief that structures the whole of social life. The ‘collective fiction’ of the state Ð a fiction with very real effects - is at the same time the product of all struggles between different interests, what is at stake in these struggles, and their very foundation. While the question of the state runs through the whole of Bourdieu’s work, it was never the subject of a book designed to offer a unified theory. The lecture course presented here, to which Bourdieu devoted three years of his teaching at the Collège de France, fills this gap and provides the key that brings together the whole of his research in this field. This text also shows ‘another Bourdieu’, both more concrete and more pedagogic in that he presents his thinking in the process of its development. While revealing the illusions of ‘state thought’ designed to maintain belief in government being oriented in principle to the common good, he shows himself equally critical of an ‘anti-institutional mood’ that is all too ready to reduce the construction of the bureaucratic apparatus to the function of maintaining social order. At a time when financial crisis is facilitating the hasty dismantling of public services, with little regard for any notion of popular sovereignty, this book offers the critical instruments needed for a more lucid understanding of the wellsprings of domination.
Book Synopsis Railways and the Western European Capitals by : M. Nilsen
Download or read book Railways and the Western European Capitals written by M. Nilsen and published by Springer. This book was released on 2008-10-13 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the effect of railways on London, Paris, Brussels, and Berlin, focusing on each city as a case study for one aspect of implantation.
Book Synopsis The Work of the International Law Commission by : Vereinte Nationen International Law Commission
Download or read book The Work of the International Law Commission written by Vereinte Nationen International Law Commission and published by . This book was released on 2007 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis REGINE - Regularisations in Europe by : Martin Baldwin-Edwards
Download or read book REGINE - Regularisations in Europe written by Martin Baldwin-Edwards and published by Amsterdam University Press. This book was released on 2009 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: REGINE is a research project on regularisation practices in the European Union. The aim of the project is to provide a thorough mapping of practices relating to the regularisation of third country nationals illegally resident in EU Member States. Two additional non-EU countries - Switzerland and the US - will also be covered to gain insights in regularisation practices and the impact of regularisations elsewhere. In examining regularisation practices, the project also investigates the relationship of regularisation policies to the overall migration policy framework, including to protection issues and refugee policies. Moreover, the project examines the political position of different stakeholders towards regularisation policies on the national level. Finally, the project examines potential options for policies on regularisation on the European level, incorporating Member States as well as other stakeholders' views on possible instruments on the European level.
Book Synopsis Treaty Series / Recueil Des Traites by : United Nations
Download or read book Treaty Series / Recueil Des Traites written by United Nations and published by UN. This book was released on 2007-11-02 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Practicing Democracy by : E. Luhtakallio
Download or read book Practicing Democracy written by E. Luhtakallio and published by Springer. This book was released on 2012-05-29 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the mundane, local, every day practices that constitutes democracy. Focusing on France and Finland, the book defines politicization as the key process in understanding democracy in different cultural contexts and shows a nuanced picture of two opposite models of European politics.
Book Synopsis Social Rights Judgments and the Politics of Compliance by : Malcolm Langford
Download or read book Social Rights Judgments and the Politics of Compliance written by Malcolm Langford and published by Cambridge University Press. This book was released on 2017-03-02 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Social Rights Judgments and the Politics of Compliance is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions, and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights, and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation, and focuses on judicial reflexivity, alliance building and social mobilisation.
