Reasonableness and interpretation

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Publisher : LIT Verlag Münster
ISBN 13 : 9783825866389
Total Pages : 436 pages
Book Rating : 4.8/5 (663 download)

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Book Synopsis Reasonableness and interpretation by :

Download or read book Reasonableness and interpretation written by and published by LIT Verlag Münster. This book was released on 2003 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.

Rule of Law, Human Rights and Judicial Control of Power

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Publisher : Springer
ISBN 13 : 3319551868
Total Pages : 444 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Rule of Law, Human Rights and Judicial Control of Power by : Rainer Arnold

Download or read book Rule of Law, Human Rights and Judicial Control of Power written by Rainer Arnold and published by Springer. This book was released on 2017-05-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

The Handbook of Communication Rights, Law, and Ethics

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Publisher : John Wiley & Sons
ISBN 13 : 1119719496
Total Pages : 336 pages
Book Rating : 4.1/5 (197 download)

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Book Synopsis The Handbook of Communication Rights, Law, and Ethics by : Loreto Corredoira

Download or read book The Handbook of Communication Rights, Law, and Ethics written by Loreto Corredoira and published by John Wiley & Sons. This book was released on 2021-07-06 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discover how modern technological realities shape freedoms of expression and opinion with this comprehensive resource. The Handbook of Communication Rights, Law, and Ethics delivers an extensive review of the challenges facing modern communication rights. It offers readers an examination of the interplay between communication law and ethics and the role played by communication professionals in protecting individuals’ rights to communication. Distinguished authors Loreto Corredoira, Ignacio Bel Mallén and Rodrigo Cetina Presuel walk readers through the fundamental ideas and concepts that represent universal common ground regarding communication rights. They compare communication rights theories developed in Europe, the United States, Latin America, Australia, and East Asia to describe how communication-related freedoms and rights are formulated and applied around the world. Finally, the meaning of the phrases “freedom of expression” and “freedom of the press” are examined in the context of national constitutions and international human rights instruments.The Handbook of Communication Rights, Law, and Ethics provides readers with: A diverse, global perspective on how communication rights are protected and challenged around the world A universal vision of communication rights that encourages dialogue rather than confrontation A comparison of the American First Amendment of the Constitution with European communication rights theories and other legal traditions around the world An exploration of the frontiers of communication rights concepts, terminology, jurisdiction, and territoriality Perfect for professors, graduate students, doctoral students, and postdoctoral researchers studying communication rights and freedom of expression around the world, The Handbook of Communication Rights, Law, and Ethics also belongs on the bookshelves of researchers studying issues surrounding freedom of the press in North America, Europe, and Latin America.

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Author :
Publisher : Siglo del Hombre Editores
ISBN 13 :
Total Pages : 223 pages
Book Rating : 4./5 ( download)

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Book Synopsis by :

Download or read book written by and published by Siglo del Hombre Editores. This book was released on with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Abuse of Fundamental Rights

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Publisher : Fabio Carvalho de Alvarenga Peixoto
ISBN 13 : 650086817X
Total Pages : 400 pages
Book Rating : 4.5/5 (8 download)

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Book Synopsis Abuse of Fundamental Rights by : Fabio Carvalho de Alvarenga Peixoto

Download or read book Abuse of Fundamental Rights written by Fabio Carvalho de Alvarenga Peixoto and published by Fabio Carvalho de Alvarenga Peixoto. This book was released on 2023-11-20 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an adaptation of part of the author's PhD thesis, which won the international prize Prémio FIBE, and was voted one of the three best in Brazil, in the field of Law, in 2023. It addresses the appropriation of the private law notion of abuse of rights by the theory of fundamental rights. It also presents guidelines for an appropriate use of the discourse of abuse of fundamental rights (highly dependent on a Dogmatics of scope, approached according to a model of groups of cases). Fabio Carvalho de Alvarenga Peixoto PhD in Constitutional Law (Universidade de Fortaleza - Brazil). State Attorney. Private lawyer. Winner of the international prize Prémio FIBE, and of an honorable mention in the Capes (Brazilian Ministry of Education) PhD Thesis Award 2023. INTRODUCTION 1 THE GENERAL NOTION OF ABUSE OF FUNDAMENTAL RIGHTS 1.1 Admission by Literature of the Abuse of Fundamental Rights 1.1.1 Unconscious phase 1.1.2 Constructive Phase of Incipient Dogmatization 1.1.3 Constructive Phase of Peripheral Systematization 1.2 Delimitation of the Abuse of Fundamental Rights in the Face of the Verwirkung of Fundamental Rights 1.3 Presuppositions of the Notion of Abuse of Fundamental Rights 1.3.1 Fundamental Right Permission Granted by ‘Abstract’ Interpretation of the Constitutional (or with Constitutional Status) Text or of a Judicial Decision Interpreting the Constitution 1.3.2 Prohibition ‘Discovered’ by Judge, Outside the Limits of ‘Abstract’ Interpretation of the Normative Text 2 FROM PRIVATE LAW DOCTRINES OF ABUSE OF RIGHTS TO A THEORY OF ABUSE OF FUNDAMENTAL RIGHTS 2.1 The Effectiveness of Fundamental Rights Between Private Individuals (Drittwirkung) as a Bridge Between Private Law Doctrines of Abuse of Rights and the Theory of Fundamental Rights 2.2 Problems of Using the Approaches of the Private Law Doctrines of Abuse of Rights in the Theory of Fundamental Rights 2.2.1 The Problem of the Controllability of State Interventions in Fundamental Rights 2.2.1.1 Creation of Law Outside the Limits of the Normative Text 2.2.1.2 Lack of Control Parameters of the Definitory Approaches 2.2.2 The Problem of the Risk of Eliminating the Individual Function of the Fundamental Right 2.2.3 The Problem of the Confusion with the Dogmatics of the Limits of Fundamental Rights 2.2.3.1 Dogmatic Autonomy of Abuse of Fundamental Rights vis-à-vis the Doctrines of Limits of Fundamental Rights 2.2.3.2 The Relation Between Abuse of Fundamental Rights and Dogmatic Conceptions of the Broadness of the Tatbestände of Fundamental Rights 3 CONTROL OF THE RATIONALITY OF THE DISCOURSE OF ABUSE OF FUNDAMENTAL RIGHTS AS A JUSTIFICATORY “SHORTCUT” 3.1 Needless for a Constitutional General Clause to Restrain Abuse of Fundamental Rights 3.2 The Need for a Singular Dogmatics 3.3 Identification of the Abuse of Fundamental Rights as a Task of Peripheral Systematization Grounded on Concrete Evaluations 4 UNACCEPTABLE APPROACHES TO THE ABUSE OF FUNDAMENTAL RIGHTS 4.1 Abuse of Fundamental Rights Without Parameters 4.2 Abuse of Fundamental Rights as Inadmissible Form of Exercise 4.3 Abuse of Fundamental Rights as Synonym for Exceeding a Limit 4.4 Abuse of Fundamental Rights as Typical Unlawfulness 4.5 Abuse of Fundamental Rights as Fraud Against the Law 4.6 Abuse of Fundamental Rights as Unreasonableness 4.7 Abuse of Fundamental Rights as Result of Alexyan Balancing 4.8 Abuse of Fundamental Rights as Disproportionality (Abuse of Fundamental Rights as Result of Means-End Balancing) 5 ACCEPTABLE APPROACHES TO THE ABUSE OF FUNDAMENTAL RIGHTS 5.1 Inadmissible Harmful Intent 5.2 Dogmatization of the Normative Scope 5.2.1 Direct Dogmatization 5.2.2 Indirect Dogmatization 5.3 Violation of Objective Good Faith 5.4 Violation of Good Customs 6 GROUPS OF ABUSE OF FUNDAMENTAL RIGHTS CASES AS LIMITS OF THE LIMITS CONCLUSION

Law, Reason and Emotion

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Author :
Publisher : Initia Via Editora
ISBN 13 : 8595470316
Total Pages : 1217 pages
Book Rating : 4.5/5 (954 download)

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Book Synopsis Law, Reason and Emotion by : Mortimer Sellers (org.)

Download or read book Law, Reason and Emotion written by Mortimer Sellers (org.) and published by Initia Via Editora. This book was released on with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume II: Special Workshops Initia Via Editora

Fundamental Labour Rights and the Constitution

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Publisher : Taylor & Francis
ISBN 13 : 1000902579
Total Pages : 150 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Fundamental Labour Rights and the Constitution by : Giulia Frosecchi

Download or read book Fundamental Labour Rights and the Constitution written by Giulia Frosecchi and published by Taylor & Francis. This book was released on 2023-07-05 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.

Contesting Austerity

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509942831
Total Pages : 368 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Contesting Austerity by : Anuscheh Farahat

Download or read book Contesting Austerity written by Anuscheh Farahat and published by Bloomsbury Publishing. This book was released on 2021-07-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the different forms of austerity, contestation and resistance, in order to understand how they relate to one another and the impact they have on the democratic quality of public debates, the trust in public institutions and the legitimacy of law. Contestation of austerity includes not only traditional activism strategies such as human rights litigation and direct democracy instruments, but also new forms of collective action and collaborative resistance. Most importantly, many of the new anti-austerity initiatives also aim to renovate existing modes of democratic decision-making on the European, national, regional and local levels. The book focuses on different types of contesting austerity measures and the interaction between institutional and civil society actors. It will enhance understanding of how the various actors frame not only their goal but also the underlying social conflict to contest austerity and through which means they try to achieve political and legal changes. With 16 chapters written by contributors from Spain, Germany, Greece, Portugal and the UK, the book approaches 3 crucial areas of austerity policies: cuts in payment and pensions, labour law reform, and old and new poverty. In each field, the contributors analyse the processes of decision-making and contestation from 3 perspectives: institutions, democratic theory and societal responses.

Sermones Doctrinales, Morales, Dogmáticos, Panegíricos Y Apologéticos Ó de Contreversia Católica Y Social, Acomodados Á Las Mas Urgentes Y Apremiantes Necesidades de Los Actuales Tiempos

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Publisher :
ISBN 13 :
Total Pages : 608 pages
Book Rating : 4.B/5 (1 download)

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Book Synopsis Sermones Doctrinales, Morales, Dogmáticos, Panegíricos Y Apologéticos Ó de Contreversia Católica Y Social, Acomodados Á Las Mas Urgentes Y Apremiantes Necesidades de Los Actuales Tiempos by : Juan González

Download or read book Sermones Doctrinales, Morales, Dogmáticos, Panegíricos Y Apologéticos Ó de Contreversia Católica Y Social, Acomodados Á Las Mas Urgentes Y Apremiantes Necesidades de Los Actuales Tiempos written by Juan González and published by . This book was released on 1854 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Derecho y seguridad internacional

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Publisher :
ISBN 13 :
Total Pages : 692 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Derecho y seguridad internacional by : Ricardo Méndez Silva

Download or read book Derecho y seguridad internacional written by Ricardo Méndez Silva and published by . This book was released on 2005 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Rights of Minorities: Cultural Groups, Migrants, Displaced Persons and Sexual Identity

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Publisher : Bentham Science Publishers
ISBN 13 : 1681085933
Total Pages : 321 pages
Book Rating : 4.6/5 (81 download)

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Book Synopsis The Rights of Minorities: Cultural Groups, Migrants, Displaced Persons and Sexual Identity by : J. Alberto del Real Alcala

Download or read book The Rights of Minorities: Cultural Groups, Migrants, Displaced Persons and Sexual Identity written by J. Alberto del Real Alcala and published by Bentham Science Publishers. This book was released on 2017-11-14 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on the rights of minorities. Minorities are often subject to discrimination and individuals find themselves being rejected by the majority. In such cases, people belonging to a minority suffer through hostile situations. Minorities discussed in this book are defined in terms of cultural groups, migrants, displaced persons, sexual minorities (sexual identity). As with the previous volume, readers are informed about the concept of human rights, as an instrument through which civil society tries to eliminate the hostility and suffering of minorities and restores a situation of normality. Minorities must also accept that a democratic society is governed by majority rule and the Rule of Law. The Rights of Minorities: Cultural Groups, Migrants, Displaced Persons and Sexual Identity discusses four types of minorities: cultural groups, migrants, displaced persons, sexual minorities, and policy on minorities. The book is a detailed reference for graduates and scholars in law, human rights activism, political science, sociology and social psychology. The volume is also recommended for working professionals who operate with human rights groups and general readers (non-experts) who want to understand the discourse about human rights in a holistic (moral, legal, social, economic, and political) framework.

Ponce de LeÃp3(Bn

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Publisher : Rourke Publishing (FL)
ISBN 13 : 9781589520684
Total Pages : 670 pages
Book Rating : 4.5/5 (26 download)

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Book Synopsis Ponce de LeÃp3(Bn by : Trish Kline

Download or read book Ponce de LeÃp3(Bn written by Trish Kline and published by Rourke Publishing (FL). This book was released on 2002 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells of the life of Ponce de Leon and describes his explorations in the New World.

A Three-Dimensional Theory of Law

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Publisher : BRILL
ISBN 13 : 9004193375
Total Pages : 392 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis A Three-Dimensional Theory of Law by : María José Falcon y Tella

Download or read book A Three-Dimensional Theory of Law written by María José Falcon y Tella and published by BRILL. This book was released on 2010-04-27 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.

Derechos fundamentales y estado

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Publisher :
ISBN 13 :
Total Pages : 922 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Derechos fundamentales y estado by : Miguel Carbonell

Download or read book Derechos fundamentales y estado written by Miguel Carbonell and published by . This book was released on 2002 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Estudios en homenaje al Doctor Héctor Fix-Zamudio en sus treinta años como investigador de las ciencias jurídicas

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Publisher :
ISBN 13 : 9789688375488
Total Pages : 728 pages
Book Rating : 4.3/5 (754 download)

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Book Synopsis Estudios en homenaje al Doctor Héctor Fix-Zamudio en sus treinta años como investigador de las ciencias jurídicas by : Héctor Fix-Zamudio

Download or read book Estudios en homenaje al Doctor Héctor Fix-Zamudio en sus treinta años como investigador de las ciencias jurídicas written by Héctor Fix-Zamudio and published by . This book was released on 1988 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain

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Publisher : Springer Science & Business Media
ISBN 13 : 3642277179
Total Pages : 893 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain by : Alberto López - Basaguren

Download or read book The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain written by Alberto López - Basaguren and published by Springer Science & Business Media. This book was released on 2013-06-13 with total page 893 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. The objective, thus, is to contribute ideas which might help to address the evolution of the Spanish system in the light of the experience of more established Federations. This second volume focuses its attention on the difficulties and challenges faced in two particular fields. On the one hand, the field of intergovernmental relations and, on the other, questions related to the integration and acknowledgement of diversity and of Fundamental Rights, with special reference to the cases of Canada and Spain. Finally, there is analysis of other specific aspects of the system of territorial autonomy in Spain.

Arguing Fundamental Rights

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Publisher : Springer Science & Business Media
ISBN 13 : 1402049196
Total Pages : 227 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Arguing Fundamental Rights by : Agustín J. Menéndez

Download or read book Arguing Fundamental Rights written by Agustín J. Menéndez and published by Springer Science & Business Media. This book was released on 2006-11-22 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the trail-blazing Theory of Constitutional Rights of Robert Alexy. The authors combine critical analysis of the structural elements of Alexy’s theory with an assessment of its applied relevance, paying special attention to the UK Human Rights Act and the Charter of Fundamental Rights of the European Union. Alexy himself opens the book with an insightful contextualisation of his theory of fundamental rights within his general legal theory.