The Constitutions Rule And Book Of Directives Of The

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Time and Tax: Issues in International, EU, and Constitutional Law

Author : Werner Haslehner
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403501642
Total Pages : 434 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Time and Tax: Issues in International, EU, and Constitutional Law by : Werner Haslehner

Download or read book Time and Tax: Issues in International, EU, and Constitutional Law written by Werner Haslehner and published by Kluwer Law International B.V.. This book was released on 2018-12-20 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Time is a crucial dimension in the application of any law. In tax law, however, where an environment characterized by rapid change on the national, European, and international levels complicates the provision of accurate legal advice, timing is particularly sensitive. This book is the first to analyse the relationship between time and three key areas of tax: treaties, EU law, and constitutional law issues, such as legal certainty and individual rights. Among the numerous timing issues arising out of applying tax rules, the book addresses the following: – time limits within which relief must be requested; – statutes of limitation for claiming a tax refund; – transitional issues relating to changes in tax treaties; – attribution of profits and expenses to a moving or closed-down business; – effect of tax-related CJEU decisions and EU directives; – compliance of exit tax regimes with free movement; – limits of retroactivity under principles protected by the EU Charter and the ECHR; and – conflict between efficiency of taxation and individual rights. Derived from a recent conference organized by the prestigious ATOZ Chair for European and International Taxation at the University of Luxembourg, the book brings together contributions from leading tax experts from various areas of tax practice, academia, and the judiciary. Among other issues, the book notably expands on how economic theory can inform a constitutional analysis of the timing of taxation. There is no other work that concentrates so usefully on the difficulties associated with applying tax rules – whether arising from treaties, jurisprudence, or policy – to changing circumstances over time. This book will quickly prove itself to be an indispensable resource for European tax lawyers, policymakers, company counsels, and academics.

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.

Constitutionalism and a Right to Effective Government?

Author : Vicki C. Jackson
Publisher : Cambridge University Press
ISBN 13 : 1009178105
Total Pages : 281 pages
Book Rating : 4.0/5 (91 download)

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Book Synopsis Constitutionalism and a Right to Effective Government? by : Vicki C. Jackson

Download or read book Constitutionalism and a Right to Effective Government? written by Vicki C. Jackson and published by Cambridge University Press. This book was released on 2022-10-27 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.

Keeping Faith with the Constitution

Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Constitutional Morality and the Rise of Quasi-Law

Author : Bruce P. Frohnen
Publisher : Harvard University Press
ISBN 13 : 0674968921
Total Pages : 304 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Constitutional Morality and the Rise of Quasi-Law by : Bruce P. Frohnen

Download or read book Constitutional Morality and the Rise of Quasi-Law written by Bruce P. Frohnen and published by Harvard University Press. This book was released on 2016-06-13 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.

The Federalist Papers

Author : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 420 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Białystok Law Books 2 Constitutional Law Of The European Union

Author : Tomasz Dubowski
Publisher : Wydawnictwo Temida 2
ISBN 13 : 8362813180
Total Pages : 205 pages
Book Rating : 4.3/5 (628 download)

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Book Synopsis Białystok Law Books 2 Constitutional Law Of The European Union by : Tomasz Dubowski

Download or read book Białystok Law Books 2 Constitutional Law Of The European Union written by Tomasz Dubowski and published by Wydawnictwo Temida 2. This book was released on 2011 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt:

UGC NET Law Unit-2 Constitutional and administrative law book theory + 400 Question Answer as per Syllabus

Author : DIWAKAR EDUCATION HUB
Publisher : DIWAKAR EDUCATION HUB
ISBN 13 :
Total Pages : 158 pages
Book Rating : 4./5 ( download)

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Book Synopsis UGC NET Law Unit-2 Constitutional and administrative law book theory + 400 Question Answer as per Syllabus by : DIWAKAR EDUCATION HUB

Download or read book UGC NET Law Unit-2 Constitutional and administrative law book theory + 400 Question Answer as per Syllabus written by DIWAKAR EDUCATION HUB and published by DIWAKAR EDUCATION HUB. This book was released on 2022-08-18 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: theory + MCQ of UGC NET Law Unit -2 Constitutional and administrative law

A More Perfect Constitution

Author : Larry J. Sabato
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0802777562
Total Pages : 353 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis A More Perfect Constitution by : Larry J. Sabato

Download or read book A More Perfect Constitution written by Larry J. Sabato and published by Bloomsbury Publishing USA. This book was released on 2010-07-23 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The reader can't help but hold out hope that maybe someday, some of these sweeping changes could actually bring the nation's government out of its intellectual quagmire...his lively, conversational tone and compelling examples make the reader a more than willing student for this updated civics lesson." --The Hill The political book of the year, from the acclaimed founder and director of the Center for politics at the University of Virginia. A More Perfect Constitution presents creative and dynamic proposals from one of the most visionary and fertile political minds of our time to reinvigorate our Constitution and American governance at a time when such change is urgently needed, given the growing dysfunction and unfairness of our political system . Combining idealism and pragmatism, and with full respect for the original document, Larry Sabato's thought-provoking ideas range from the length of the president's term in office and the number and terms of Supreme Court justices to the vagaries of the antiquated Electoral College, and a compelling call for universal national service-all laced through with the history behind each proposal and the potential impact on the lives of ordinary people. Aware that such changes won't happen easily, but that the original Framers fully expected the Constitution to be regularly revised, Sabato urges us to engage in the debate and discussion his ideas will surely engender. During an election year, no book is more relevant or significant than this.

The Constitutional State

Author : Nicholas William Barber
Publisher : Oxford University Press
ISBN 13 : 0199585016
Total Pages : 214 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Constitutional State by : Nicholas William Barber

Download or read book The Constitutional State written by Nicholas William Barber and published by Oxford University Press. This book was released on 2010-12-09 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitutional State provides an original account of the nature of the state and its constitution. This account casts light on some of the central puzzles faced by writers on constitutions - such as the possibility of states to undertake actions and form intentions, and the moral significance of these actions for the state's citizens.

The Constitution in the Courts

Author : Michael J. Perry
Publisher : Oxford University Press, USA
ISBN 13 : 0195104641
Total Pages : 288 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis The Constitution in the Courts by : Michael J. Perry

Download or read book The Constitution in the Courts written by Michael J. Perry and published by Oxford University Press, USA. This book was released on 1996 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work, covering the constituion of the courts in the US, should be suitable for legal and political science scholars, especially those interested in constitutional adjudication

Constitutional Essentials

Author : Frank I. Michelman
Publisher : Oxford University Press
ISBN 13 : 0197655831
Total Pages : 233 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis Constitutional Essentials by : Frank I. Michelman

Download or read book Constitutional Essentials written by Frank I. Michelman and published by Oxford University Press. This book was released on 2022 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: "We enter here upon a history of conversational traffic between the respective departments of philosophy and law in the old academy of liberalism, where lawyers hear much from philosophers, yes-and philosophers hear from lawyers, too, in what has fruitfully been a both-ways exchange. Our philosophical protagonist is John Rawls. This book comprises a study of the rise and workings, within the Rawlsian political-liberal philosophy, of the idea of a country's higher-legal constitution as a public platform for the justification of political coercion. A study of Rawls on constitutionalism can help us, I believe, in scoping out and managing a cluster of constitutional lawyers' debates-interminable ones, it seems, in the constitutional-democratic precincts of our times-that I will catalogue soon below. But conversely, I believe, those seeking the best and truest readings of Rawls might have something to learn from the controversies of the lawyers. My approach to Rawls has accordingly been that of a critically leavened (while no doubt broadly sympathetic) exegesis, while with the legal-discursive materials I take more of a diagnostic turn. My hope is that a treatment of these two discourses in relation to each other will prove an aid to both political-philosophical and legal-practical reflection"--

Tax Law, State-Building and the Constitution

Author : Dominic de Cogan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509923551
Total Pages : 223 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Tax Law, State-Building and the Constitution by : Dominic de Cogan

Download or read book Tax Law, State-Building and the Constitution written by Dominic de Cogan and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph looks at how tax is intertwined with constitutional law and the state in the UK. It looks at a variety of topics including tax devolution, scrutiny and reform of tax legislation, the protection of taxpayers and the domestic legal processing of international rules and problems. Tax Law, State-Building and the Constitution presents and interrogates five key claims. First, there is a clear overlap between the concerns of tax and constitutional lawyers. Secondly, the tax system is being deeply affected by the fast pace of constitutional change. Thirdly, decisions taken in the tax field are likely to have a reverse influence on the evolution of the constitution. Fourthly, these relationships are heavily context-dependent, with tax making all the difference to some ongoing constitutional controversies whilst having very little to do with others. Fifthly, by acknowledging tax as an important moving part within the contemporary constitution we might understand both tax and constitutional law a little better. The book therefore contributes to deeper theoretical debates on the identity of tax law as a discipline, the relevance of tax to public lawyers, the meaning of state-building in the recent history of a developed country and the importance of public finances to a wider sense of 'what is going on'. These are questions that ought to command the attention of tax and constitutional law academics as well as policy makers and reformers. Runner-up of the 2022 SLS Peter Birks Prize for Outstanding Legal Scholarship.

The New Constitutional Law of Kenya. Principles, Government and Human Rights

Author : Kiwinda Mbondenyi
Publisher : African Books Collective
ISBN 13 : 9966031901
Total Pages : 268 pages
Book Rating : 4.9/5 (66 download)

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Book Synopsis The New Constitutional Law of Kenya. Principles, Government and Human Rights by : Kiwinda Mbondenyi

Download or read book The New Constitutional Law of Kenya. Principles, Government and Human Rights written by Kiwinda Mbondenyi and published by African Books Collective. This book was released on 2012-12-29 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: The golden thread that cuts across the various chapters of the book is the emphasis that good constitutions anchor certain tenets that have garnered recognition as hallmarks of democratic dispensation. These hallmarks include the concept of separation of powers; the doctrine of the rule of law; constitutionalism and human rights. These attributes have largely been secured by the 2010 Constitution. Thus, this book is expected to contribute to this new promise by making knowledge on the Constitution accessible through breaking down and contextualising its provisions. It is certain to be useful to law and government students, lawyers, researchers and other persons who seek to understand the new constitutional order.

Relic

Author : William G. Howell
Publisher :
ISBN 13 : 0465042694
Total Pages : 258 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis Relic by : William G. Howell

Download or read book Relic written by William G. Howell and published by . This book was released on 2016-04-26 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Our government is failing us. Can we simply blame polarization, the deregulation of campaign finance, or some other nefarious force? What if the roots go much deeper, to our nation's start? In Relic, the political scientists William Howell and Terry Moe boldly argue that nothing less than the U.S. Constitution is the cause of government dysfunction. The framers came from a simple, small, agrarian society, and set forth a government comprised of separate powers, one of which, Congress, was expected to respond to the parochial concerns of citizens across the land. By design, the national government they created was incapable of taking broad and meaningful action. But a hundred years after the nation's founding, the United States was transformed into a complex, large, and industrial society. The key, they argue, is to expand the powers of the president. Presidents take a longer view of things out of concern for their legacies, and are able to act without hesitation. To back up this controversial remedy, Howell and Moe offer an incisive understanding of the Progressive Movement of the late 19th and early 20th centuries, one of the most powerful movements in American history. The Progressives shone a bright light on the mismatch between our constitutional government and the demands of modernity, and they succeeded in changing our government, sidelining Congress and installing a presidentially-led system that was more able to tackle the nation's vast social problems. Howell and Moe argue that we need a second Progressive Movement dedicated to effective government, above all to reforms that promote strong presidential leadership. For it is through the presidency that the American government can address the problems that threaten the very stability of our society"--

JOHN A. MACLELLAN V MICHIGAN DEPARTMENT OF CORRECTIONS, 373 MICH 448 (1964)

Author :
Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.L/5 ( download)

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Book Synopsis JOHN A. MACLELLAN V MICHIGAN DEPARTMENT OF CORRECTIONS, 373 MICH 448 (1964) by :

Download or read book JOHN A. MACLELLAN V MICHIGAN DEPARTMENT OF CORRECTIONS, 373 MICH 448 (1964) written by and published by . This book was released on 1964 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: 50267

HUMAN RIGHTS LAW AND PRACTICE, SECOND EDITION

Author : DAS, JATINDRA KUMAR
Publisher : PHI Learning Pvt. Ltd.
ISBN 13 : 8195161162
Total Pages : 856 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis HUMAN RIGHTS LAW AND PRACTICE, SECOND EDITION by : DAS, JATINDRA KUMAR

Download or read book HUMAN RIGHTS LAW AND PRACTICE, SECOND EDITION written by DAS, JATINDRA KUMAR and published by PHI Learning Pvt. Ltd.. This book was released on 2022-03-24 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book, written with a rich teaching and research experience of the author, emphasises the critical evaluation of contemporary human rights law and practice with special reference to India. It evaluates the ongoing discourse on various issues relating to life, liberty, equality, and human dignity and their reflections in international human rights law referring to the state practices through constitutional guarantees, judicial decisions as well as through enacting appropriate legislations. This lucid and comprehensive book is logically organised into nine chapters. Beginning with the theoretical foundations of human rights law referring to origin, development, and theories of human rights at the preliminary level, the book proceeds to “International Bill of Human Rights” demonstrating various facets of civil and political rights as well as economic, social and cultural rights. It further discusses the importance of human rights law in protection against inhuman wrongs and examines a large number of debates concerning human rights to the development and protection of the environment. Then, it moves on to explore various issues relating to human rights in Indian Constitutional Law. The second half of the book emphasises the protection of the rights of women and children, which has been the focal point of all human rights discussions. It also deals with the scope and ambit of the rights of indigenous peoples and minorities including their protection. At the end, the book examines the utility and justifications of human rights law in protecting the rights of people with disabilities (divyang). NEW TO THIS EDITION • Law on HIV/AIDS Management • Covid-19 Management law • Legislative aspect of protection of the environment • Recent law on triple talaq • Decriminalisation of adultery • Right of Hindu women to offer worship in Sabrimala temple • Right to access to justice, judicial review, legal aid, and speedy trial • Surrogacy and reproductive right • Law on POSCO • Hard law and soft law, and Recent law on divyang Though the book is primarily designed for LL.B., B.A.LL.B., LL.M., and courses on human rights, it will be equally beneficial for the researchers, academicians, jurists, lawyers, judges as well as members of civil societies. TARGET AUDIENCE LL.B., B.A.LL.B., LL.M., and courses on human rights.