Liberae Cogitationes

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Common European Legal Thinking

Author : Hermann-Josef Blanke
Publisher : Springer
ISBN 13 : 3319193007
Total Pages : 620 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Common European Legal Thinking by : Hermann-Josef Blanke

Download or read book Common European Legal Thinking written by Hermann-Josef Blanke and published by Springer. This book was released on 2015-09-24 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common European Legal Thinking emanates from the existence of a shared European legal culture as especially reflected in the existence of a common European constitutional law. It denotes a body of individual constitutional principles – written and unwritten – that represent the common heritage of the constitutions of the Member States. Taking into account the two major European organisations, the Council of Europe and especially the European Union, the essays of this Festschrift discuss a range of constitutional principles, including the rule of law, democracy, and the exercise of political power in a multilevel system which recognises fundamental rights as directly applicable and supreme law. Other essays examine the value of pluralism, the commitment of private organisations to uphold public values, principles or rules, and the objectives and methods of a transnational science of administrative law. These articles highlight the fact that the Ius Publicum Europaeum Commune is “politically” in the making, which can often be seen in the shape of general legal principles. The publication recognises the role of Albrecht Weber as a forerunner of Common European Legal Thinking.

Protecting the Religious Freedom of New Minorities in International Law

Author : Fabienne Bretscher
Publisher : Routledge
ISBN 13 : 0429559178
Total Pages : 251 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Protecting the Religious Freedom of New Minorities in International Law by : Fabienne Bretscher

Download or read book Protecting the Religious Freedom of New Minorities in International Law written by Fabienne Bretscher and published by Routledge. This book was released on 2019-09-19 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities’ right to freedom of religion and belief, and the absence of such concept in the HRC’s case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.

Weak States, Strong Societies

Author : Amin Saikal
Publisher : Bloomsbury Publishing
ISBN 13 : 0857728849
Total Pages : 294 pages
Book Rating : 4.8/5 (577 download)

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Book Synopsis Weak States, Strong Societies by : Amin Saikal

Download or read book Weak States, Strong Societies written by Amin Saikal and published by Bloomsbury Publishing. This book was released on 2015-11-27 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the disintegration of the Soviet Union and the end of the Cold War, the previously well-established organisation of world politics has been thrown into disarray. While during the Cold War, the bipolarity of the world gave other powers a defined structure within which to vie for power, influence and material wealth, the current global political landscape has been transformed by a diffusion of power. As a result, the world has seen the rise of sub-national or quasi-/non-state actors, such as Hezbollah, al-Qaeda and the movement that calls itself Islamic State, or ISIS. These dramatic geopolitical shifts have heavily impacted state-society relationships, power and authority in the international system. Weak States, Strong Societies analyses the effect of these developments on the new world order, arguing that the framework of 'weak state, strong society' appears even more applicable to the contemporary global landscape than it did during the Cold War. Focusing on a range of regional contexts, the book explores what constitutes a weak or strong state. It will be essential reading for specialists in politics and international relations, whether students or academic researchers.

What Happened to Equality?

Author : Bjarney Friðriksdóttir
Publisher : BRILL
ISBN 13 : 9004345280
Total Pages : 457 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis What Happened to Equality? by : Bjarney Friðriksdóttir

Download or read book What Happened to Equality? written by Bjarney Friðriksdóttir and published by BRILL. This book was released on 2017-07-03 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: In What Happened to Equality? The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration, Friðriksdóttir examines five European Union Directives on labour migration that were adopted based on a sectoral approach to labour migration management. An account of the negotiations between the Commission, the Council and the Parliament on the five Directives reveals how access to territory and the labour market, the right to equal treatment and the right to family reunification were constructed for the different groups of labour migrants and how differentiation between groups of migrants, and discrimination against migrants compared with nationals which contravenes international and European human rights frameworks and international labour law, is institutionalized.

Handbook on Legal Cultures

Author : Sören Koch
Publisher : Springer Nature
ISBN 13 : 3031277457
Total Pages : 1171 pages
Book Rating : 4.0/5 (312 download)

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Book Synopsis Handbook on Legal Cultures by : Sören Koch

Download or read book Handbook on Legal Cultures written by Sören Koch and published by Springer Nature. This book was released on 2023-05-30 with total page 1171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.

The Performance of International Courts and Tribunals

Author : Theresa Squatrito
Publisher : Cambridge University Press
ISBN 13 : 1108626130
Total Pages : 472 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Performance of International Courts and Tribunals by : Theresa Squatrito

Download or read book The Performance of International Courts and Tribunals written by Theresa Squatrito and published by Cambridge University Press. This book was released on 2018-04-05 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and tribunals now operate globally and in several world regions, playing significant roles in international law and global governance. However, these courts vary significantly in terms of their practices, procedures, and the outcomes they produce. Why do some international courts perform better than others? Which factors affect the outcome of these courts and tribunals? The Performance of International Courts and Tribunals is an interdisciplinary study featuring approaches, methods and authorship from law and political science, which proposes the concept of performance to describe the processes and outcomes of international courts. It develops a framework for evaluating and explaining performance by offering a broad comparative analysis of international courts, covering several world regions and the areas of trade, investment, the environment, human rights and criminal law, and offers interdisciplinary accounts to explain how and why international court performance varies.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Advanced Introduction to International Human Rights Law

Author : Dinah L. Shelton
Publisher : Edward Elgar Publishing
ISBN 13 : 1839103191
Total Pages : 413 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Advanced Introduction to International Human Rights Law by : Dinah L. Shelton

Download or read book Advanced Introduction to International Human Rights Law written by Dinah L. Shelton and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its second edition, Dinah Shelton’s pioneering book provides a uniquely accessible introduction to the history and the latest developments in international human rights law. Exploring the origins, customs and institutions that have emerged globally and regionally in the last two centuries, this incisive book guides readers through the major treaties and declarations that form the foundations of the discipline today.

Rights of Third-Country Nationals under EU Association Agreements

Author : Daniel Thym, LL.M.
Publisher : BRILL
ISBN 13 : 9004300066
Total Pages : 305 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Rights of Third-Country Nationals under EU Association Agreements by : Daniel Thym, LL.M.

Download or read book Rights of Third-Country Nationals under EU Association Agreements written by Daniel Thym, LL.M. and published by BRILL. This book was released on 2015-07-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights of Third-Country Nationals under EU Association Agreements highlights the significance of the rules on the free movement of persons in the association agreements between the European Union and neighbouring states, in particular Turkey. It identifies overarching themes and demonstrates the pertinence of the law and the roles of judges in enforcing and developing further the rights of individuals in association agreements across borders. The various chapters in this volume extrapolate horizontal questions of legal interpretation, constitutional formation and substantive approximation, which underlie the diverse rules in different association agreements with neighbouring countries; they support the overall conclusion that there are degrees of free movement and citizens’ rights defining the status of associated countries between membership and partnership.

Central European Judges Under the European Influence

Author : Michal Bobek
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259902
Total Pages : 462 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Central European Judges Under the European Influence by : Michal Bobek

Download or read book Central European Judges Under the European Influence written by Michal Bobek and published by Bloomsbury Publishing. This book was released on 2015-11-19 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: The onset of the 2004 EU enlargement witnessed a number of predictions being made about the approaches, capacity and ability of Central European judges who were soon to join the Union. Optimistic voices, foreshadowing the deep transformative power that Europe was bound to exercise with respect to the judicial mentality and practice in the new Member States, were intertwined with gloomy pictures of post-Communist limited formalism and mechanical jurisprudence that could not be reformed, which were likely to undermine the very foundations of mutual trust and recognition the judicial system of the Union is built upon. Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions and constitutionality under the influence of the EU membership. Comparatively evaluating the situation in a number of Central European Member States in their socio-legal contexts, notably Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania, the volume offers unique insights into the process of (non) Europeanisation of national legal systems and cultures.

Policy within and through law

Author : J. De Bruyne
Publisher : Maklu
ISBN 13 : 9046607186
Total Pages : 372 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Policy within and through law by : J. De Bruyne

Download or read book Policy within and through law written by J. De Bruyne and published by Maklu. This book was released on 2015-06-30 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Practising law, whether as a politician, a judge, a lawyer or an academic, is to a certain degree creating or influencing policy', Walter Van Gerven once wrote. This statement and many other similar or opposite statements make one wonder about the nature of the policies concerned, the identities of the decision makers and the rationale underlying those policies. On these and related questions PhD researchers from different Belgian law schools debated at the ACCA-conference held at Ghent University in May 2014. This book holds the fruits of those debates. Hence, the book contains concise contributions focusing on policy questions in matters related to various fields of law, such as environmental, constitutional, civil, social, criminal, procedural or EU law. It seeks to provide an insight into the interplay between legislators and administrative bodies on the one hand and judges and legal scholars on the other hand, bringing about the creation of a new policy or the adjustment or abolishment of an existing policy.

Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law

Author : Triestino Mariniello
Publisher : BRILL
ISBN 13 : 9004434666
Total Pages : 966 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law by : Triestino Mariniello

Download or read book Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law written by Triestino Mariniello and published by BRILL. This book was released on 2021-02-01 with total page 966 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, an English-written book collects the most salient opinions of Judge Paulo Pinto de Albuquerque (European Court of Human Rights).

Judicial Dialogue and Human Rights

Author : Amrei Müller
Publisher : Cambridge University Press
ISBN 13 : 1107173582
Total Pages : 641 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Judicial Dialogue and Human Rights by : Amrei Müller

Download or read book Judicial Dialogue and Human Rights written by Amrei Müller and published by Cambridge University Press. This book was released on 2017-05-25 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.

Managing Diversity and Inclusion

Author : Jawad Syed
Publisher : SAGE
ISBN 13 : 1526485842
Total Pages : 527 pages
Book Rating : 4.5/5 (264 download)

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Book Synopsis Managing Diversity and Inclusion by : Jawad Syed

Download or read book Managing Diversity and Inclusion written by Jawad Syed and published by SAGE. This book was released on 2019-12-09 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written and edited by leading experts in the field, this authoritative account sets UK and European practices firmly within a global context. It offers an in-depth and contextual account of enduring, contemporary and cutting edge theories and approaches to diversity and inclusion management. With workforce demographics changing rapidly, high-profile cases of discrimination in the news and new legislation coming into force, it is more crucial than ever that organisations understand and effectively manage workplace diversity – not only to increase business outcomes, but to create an inclusive workplace in a socially responsible manner. This second edition includes an engaging new chapter on social class and diversity, as well as a range of new mini case studies on contemporary issues and themes such as intersectionality and autism employment. Packed with learning features to encourage critical analysis and help you link theory to real-world practice, Managing Diversity and Inclusion offers an in-depth and contextual account of enduring and cutting edge discussions and approaches to diversity and inclusion management.

The Max Planck Handbooks in European Public Law

Author : Armin von Bogdandy
Publisher : Oxford University Press
ISBN 13 : 0191039853
Total Pages : 1141 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Max Planck Handbooks in European Public Law by : Armin von Bogdandy

Download or read book The Max Planck Handbooks in European Public Law written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2020-03-12 with total page 1141 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and outlook of constitutional adjudicators throughout the Continent. They include countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space. Together, the chapters of this volume provide a strong and diverse foundation for this dialogue to flourish.

International Law in Silver Perspective

Author : Karel Wellens
Publisher : BRILL
ISBN 13 : 9004271686
Total Pages : 218 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis International Law in Silver Perspective by : Karel Wellens

Download or read book International Law in Silver Perspective written by Karel Wellens and published by BRILL. This book was released on 2015-09-07 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the years to come the international legal order will have to face a broad range of challenges, of both an institutional and substantive nature. That is precisely the focus of this collective volume written by contributors from Flanders and the Netherlands. Although they are specialists in different fields of international law, what unites them is their position as Emeritus professors, with long and respected careers and a wealth of experience and insight. Their brief was to reflect - from their silver perspective - on the future of their respective fields and the most pressing challenges that lie ahead for them. The result is a fascinating, thought-provoking and above all original collection, offering the reader the benefit of the collective wisdom of this group of eminent "silver" scholars.

Judicial Cooperation in European Private Law

Author : Fabrizio Cafaggi,
Publisher : Edward Elgar Publishing
ISBN 13 : 1786436698
Total Pages : 287 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Judicial Cooperation in European Private Law by : Fabrizio Cafaggi,

Download or read book Judicial Cooperation in European Private Law written by Fabrizio Cafaggi, and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Notwithstanding recent increases in the scope for judicial cooperation and dialogue between European courts, little research has been undertaken into the impact of the jurisprudence of the European Court of Justice, and the dialogue that arises therefrom, in national legal systems between courts and regulators. This coherent collection of original chapters provides unique insights into these developments – with a particular focus on consumer law – from a broad range of stakeholders, including academics and judges from the EU and the US.