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Limitation 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 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.
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.
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 The Principle of Equality by : Johan vande Lanotte
Download or read book The Principle of Equality written by Johan vande Lanotte and published by Maklu. This book was released on 2001 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to equal treatment is undoubtedly one of the most fundamental human rights. As such, it can be found in international human rights treaties, in constitutions and in national legislation. In this book the principle of equality is analysed from different angles, bearing in mind the South African and Belgian experiences in this area. Firstly, a general overview is given of the different sources of human rights law in the Belgian and South African legal system, the relation between international and national law, the direct applicability and third party-applicability of rights and freedoms in the legal order(s), and the implementation mechanisms available both in Belgium and South Africa. Secondly, the principle of equality, as found in the Belgian Constitution, in the European Convention on Human Rights and in the South African Constitution, and the South African Antidiscrimination Bill are analyzed. Finally, the principle of equality is being studied from a thematic perspective, i.e. with regard to the use of languages and from a gender perspective. The book is concluded with a contribution on the access to medical and health care in South Africa.
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 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 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:
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 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 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.
Author :International Committee for Social Science Information and Documentation Publisher :Psychology Press ISBN 13 :9780422810203 Total Pages :582 pages Book Rating :4.8/5 (12 download)
Book Synopsis International Bibliography of Social Science by : International Committee for Social Science Information and Documentation
Download or read book International Bibliography of Social Science written by International Committee for Social Science Information and Documentation and published by Psychology Press. This book was released on 1984 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1984. Routledge is an imprint of Taylor & Francis, an informa company.
Book Synopsis Reason and Fairness by : Ulrike Müßig
Download or read book Reason and Fairness written by Ulrike Müßig and published by BRILL. This book was released on 2019-07-08 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reason and Fairness offers a comparative history of the functionality of ordinary judicial competences, contemporary findings of its protective needs in the court internal and external spheres and completed by means of raising historical arguments in modern conventional law.
Book Synopsis The Idea of Economic Constitution in Europe by :
Download or read book The Idea of Economic Constitution in Europe written by and published by BRILL. This book was released on 2022-06-08 with total page 847 pages. Available in PDF, EPUB and Kindle. Book excerpt: Behind the controversies that have marked the history of the idea of Economic Constitution emerges the highly political issue of the room for manoeuvre left to public authorities in the economic sphere. The notion thus encapsulates a fundamental tension: between democracy and rule of law, which model of legal ordering of the economy should prevail? From physiocrats to neo-liberals, from the Weimar Republic to European integration, from national constitutions to Global Governance, this collective book invites us to explore the genealogy of the controversial concept of Economic Constitution. The result of this interdisciplinary dialogue is a comprehensive reflection on the legal and political issues at stake in the current constitutionalization of the market order in Europe. Contributors are: Philippe Steiner, Guillaume Grégoire, Hugues Rabault, Peter C. Caldwell, Thomas Biebricher, Werner Bonefeld, Serge Audier, Vincent Valentin, Pieter van Cleynenbreugel, Xavier Miny, Frédéric Marty, Claire Mongouachon, Hans-Wolfgang Micklitz, Francesco Martucci, Michael Wilkinson, Hjalte Lokdam, Susanna Maria Cafaro, Peter Lindseth, Cristina Fasone, Pierre Nihoul, François Colly, Peter-Christian Müller-Graff, Tony Prosser, Damien Piron, Mahmoud Mohamed Salah, Stephen Gill, Thibault Biscahie, Sebastien Adalid, and Christian Joerges. Derrière les controverses qui jalonnent l’histoire de l’idée de Constitution économique émerge la question éminemment politique de la marge de manœuvre laissée aux autorités publiques dans la sphère économique. La notion cristallise ainsi une tension fondamentale : entre démocratie et État de droit, quel doit être modèle d’organisation et d’ordonnancement juridique de l’économie? Des physiocrates aux néolibéraux, de la République de Weimar à l’intégration européenne, des constitutions nationales à la Global Governance, cet ouvrage collectif nous invite dès lors à explorer la généalogie du concept polémique de Constitution économique. Les auteurs ouvrent alors, à travers un dialogue interdisciplinaire constant, une réflexion globale autour des enjeux juridiques et politiques du processus actuel de constitutionnalisation de l’ordre de marché en Europe.
