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Author :
Publisher :
ISBN 13 :
Total Pages : 210 pages
Book Rating : 4.:/5 (51 download)
Download or read book Trinity College Law Review written by and published by . This book was released on 2007 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Shreya Atrey
Publisher : Oxford University Press
ISBN 13 : 0192588834
Total Pages : 277 pages
Book Rating : 4.1/5 (925 download)
Download or read book Intersectional Discrimination written by Shreya Atrey and published by Oxford University Press. This book was released on 2019-09-19 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the concept of intersectional discrimination and why it has been difficult for jurisdictions around the world to redress it in discrimination law. 'Intersectionality' was coined by Kimberlé Crenshaw in 1989. Thirty years since its conception, the term has become a buzzword in sociology, anthropology, feminist studies, psychology, literature, and politics. But it remains marginal in the discourse of discrimination law, where it was first conceived. Traversing its long and rich history of development, the book explains what intersectionality is as a theory and as a category of discrimination. It then explains what it takes for discrimination law to be reimagined from the perspective of intersectionality in reference to comparative laws in the US, UK, South Africa, Canada, India, and the jurisprudence of the European Courts (CJEU and ECtHR) and international human rights treaty bodies.
Author : Liz Heffernan
Publisher :
ISBN 13 : 9781858003856
Total Pages : pages
Book Rating : 4.0/5 (38 download)
Download or read book Dublin University Law Journal written by Liz Heffernan and published by . This book was released on 2007-10-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Devoted exclusively to developments in contemporary Irish law. This journal is divided into key articles, a section for case and comment, and important book reviews.
Author : Rachael Walsh
Publisher : Cambridge University Press
ISBN 13 : 110842693X
Total Pages : 321 pages
Book Rating : 4.1/5 (84 download)
Download or read book Property Rights and Social Justice written by Rachael Walsh and published by Cambridge University Press. This book was released on 2021-06-10 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
Author : Gerard Hogan
Publisher : Bloomsbury Publishing
ISBN 13 : 1784516686
Total Pages : 3184 pages
Book Rating : 4.7/5 (845 download)
Download or read book Kelly: The Irish Constitution written by Gerard Hogan and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 3184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This seminal work, recognised as the authoritative and definitive commentary on Ireland's fundamental law, provides a detailed guide to the structure of the Irish Constitution. Each Article is set out in full, in English and Irish, and examined in detail, with reference to all the leading Irish and international case law. It is essential reading for all who require knowledge of the Irish legal system and will prove a vital resource to legal professionals, students and scholars of constitutional and comparative law. This new edition is fully revised and reflects the substantive changes that have occurred in the 15 years since its last edition and includes expansion and major revision to cover the many constitutional amendments, significant constitutional cases, and developing trends in constitutional adjudication. The recent constitutional changes covered in this new edition include: * The 27th Amendment abolished the constitutional jus soli right to Irish Nationality. * The 28th Amendment allowed the State to ratify the Lisbon Treaty. * The 29th Amendment relaxed the prohibition on the reduction of the salaries of Irish judges. * The 30th Amendment allowed the State to ratify the European Fiscal Compact. * The 31st Amendment was a general statement of children's rights and a provision intended to secure the power of the State to take children into care. * The 33rd Amendment mandated a new Court of Appeal * The 34th Amendment prohibited restriction on civil marriage based on sex. * The 36th Amendment allowed the Oireachtas to legislate for abortion. New sections include a look at the impact of the Constitution on substantive criminal law, and a detailed treatment of the impact of Article 40.5, protecting the inviolability of the dwelling, on both criminal procedure and civil law. Other sections have been expanded with in-depth analysis of referendums, challenges to campaigns and results, coverage of Oireachtas privilege, changes in constitutional interpretation, private property rights, and judicial independence. In particular extensive rewriting has taken place on the section dealing with the provisions relating to the courts contained in Article 34 following the establishment of the Court of Appeal and the far-reaching changes to the appellate structure from the 33rd Amendment of the Constitution Act 2013.
Author : Andrew T. Kenyon
Publisher : Cambridge University Press
ISBN 13 : 110712364X
Total Pages : 399 pages
Book Rating : 4.1/5 (71 download)
Download or read book Comparative Defamation and Privacy Law written by Andrew T. Kenyon and published by Cambridge University Press. This book was released on 2016-04-21 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading experts from common law jurisdictions examine defamation and privacy, two major and interrelated issues for law and media.
Author : Windell Nortje
Publisher : Springer
ISBN 13 : 3030206637
Total Pages : 170 pages
Book Rating : 4.0/5 (32 download)
Download or read book Child Soldiers and the Defence of Duress under International Criminal Law written by Windell Nortje and published by Springer. This book was released on 2019-07-05 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted under international law. However, it is rarely considered what would happen to these children at the trial stage. This work offers a nuanced approach towards international prosecution and considers how children could be implicated and defended in international courts. This study will be of interest to academics and practitioners working in international criminal law, transitional justice and children’s rights.
Author : Valentin Jeutner
Publisher : Cambridge University Press
ISBN 13 : 1009445669
Total Pages : 217 pages
Book Rating : 4.0/5 (94 download)
Download or read book The Reasonable Person written by Valentin Jeutner and published by Cambridge University Press. This book was released on 2024-05-31 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jeutner argues that the reasonable person is, at heart, an empathetic perspective-taking device, by tracing the standard of the reasonable person across time, legal fields and countries. Beginning with a review of imaginary legal figures in the legal systems of ancient Egypt, Greece, and Rome, the book explains why the common law's reasonable person emerged amidst the British industrialisation under the influence of Scottish Enlightenment thinking. Following the figure into colonial courts, onto battlefields and into self-driving cars, the book contends that the reasonable person invites judges, jury-members, and lawyers to take another person's perspective when assessing their own or another person's conduct. The perspective of another is taken by means of empathy, by feeling what others might feel in a particular situation. Thus construed, the figure of the reasonable person can help us make more accurate judgments in a diverse world.
Author : Michelle Evans
Publisher : Springer
ISBN 13 : 9401788103
Total Pages : 229 pages
Book Rating : 4.4/5 (17 download)
Download or read book Global Perspectives on Subsidiarity written by Michelle Evans and published by Springer. This book was released on 2014-05-16 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.
Author : Brice Dickson
Publisher : Oxford University Press
ISBN 13 : 0192512471
Total Pages : 579 pages
Book Rating : 4.1/5 (925 download)
Download or read book The Irish Supreme Court written by Brice Dickson and published by Oxford University Press. This book was released on 2019-01-31 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland's 1937 Constitution, especially after the 're-creation' of the Court in 1961. As well as constitutional law, the book looks at the Court's views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court's interaction with European Union law and with the European Convention on Human Rights. The argument throughout is that, while the Court has been well served by many of its judges, who on occasion have manifested a healthy degree of judicial activism, there are still several legal fields in which the Court has not developed its jurisprudence as clearly or as imaginatively as it might have done. It has often displayed undue conservatism and deference. For many years its performance was hampered by its extreme workload, generated by its inability to control the number of appeals brought to it. However, the creation of a new Court of Appeal in 2014 has freed up the Supreme Court to act in a manner more analogous to that adopted by supreme courts in other common law countries. The Court's future looks bright.
Author : Wolf-Georg Ringe
Publisher : Oxford University Press
ISBN 13 : 0191034533
Total Pages : 272 pages
Book Rating : 4.1/5 (91 download)
Download or read book The Deconstruction of Equity written by Wolf-Georg Ringe and published by Oxford University Press. This book was released on 2016-09-15 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: New investment techniques and new types of shareholder activists are shaking up the traditional ways of equity investment that informs much of our present-day corporate law and governance. Savvy investors such as hedge funds are using financial derivatives, securities lending transactions, and related concepts to decouple the financial risk from shares. This leads to a distortion of incentives and has potentially severe consequences for the functioning of corporate governance and of capital markets overall. Taking stock of the different decoupling strategies that have become known over the past several years, this book then provides an evaluation of each from a legal and an economic perspective. Based on several analytical frameworks, the author identifies the elements of equity deconstruction and demonstrates the consequences for shareholders, outside investors, and capital markets. On this basis, the book makes the case for regulatory intervention, based on three different pillars and comprising disclosure, voting right suspension, and ex-post litigation. The book concludes by developing a concrete, comprehensive proposal on how to address the regulatory problem. Overall, this book contributes to the debate about activist investment and the role of shareholders in corporate governance. At the same time it raises a number of important considerations about the role of equity investment more generally.
Author : Adrienne Yong
Publisher : Bloomsbury Publishing
ISBN 13 : 1509917942
Total Pages : 247 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Rise and Decline of Fundamental Rights in EU Citizenship written by Adrienne Yong and published by Bloomsbury Publishing. This book was released on 2019-03-21 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that there is an inherent relationship between EU fundamental rights and EU citizenship: they both have the same objective of guaranteeing protection for the individual. This is underpinned by the development of case law in the field by the Court of Justice of the EU (CJEU). Here, however, the author proposes that that relationship has weakened in recent years as the CJEU has entered increasingly sensitive territory in regard to the protection of citizenship rights and fundamental rights. Writing in the post UK–EU referendum environment, the author argues that this decline is attributable to increasing Euroscepticism, which has worsened since the Eurozone crisis and even more so in light of Brexit, and arguments made that leaving the EU would reduce immigration. This argument is particularly important to note given the rising fears of immigration that underlie much of the dissatisfaction with the EU project: a feeling prevalent not only in the UK. The chapters look at the rights of migrant EU citizens in Member States other than their own, and the guarantees that exist as a matter of protecting their fundamental human rights, which are present alongside rights enjoyed as part of being an EU citizen.
Author : Attila Badó
Publisher : Springer Science & Business Media
ISBN 13 : 3319012169
Total Pages : 259 pages
Book Rating : 4.3/5 (19 download)
Download or read book Fair Trial and Judicial Independence written by Attila Badó and published by Springer Science & Business Media. This book was released on 2013-10-23 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.
Author : Anton P. Trichardt
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041141871
Total Pages : 751 pages
Book Rating : 4.0/5 (411 download)
Download or read book Letters of Comfort written by Anton P. Trichardt and published by Kluwer Law International B.V.. This book was released on 2011-12-01 with total page 751 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first thoroughgoing analysis of the contractual effect of letters of comfort as it appears in both common law and civil law systems. The commentary draws on cases from a wide variety of jurisdictions and on the full range of legal scholarship on the subject in several languages. Among the specific issues and topics raised along the way are the following: the typology of letters of comfort; the legal nature of letters of comfort; the use of letters of comfort in corporate group and banking practice; the economic explanation for the use of letters of comfort; the contractual effect of letters of comfort in French law; ‘ten commandments’ of letters of comfort; Clearly evoking the tension between business needs, the law, and judicial application, the book analyses what happens when the relationship between a lender and a creditor breaks down, or the latter becomes insolvent, and courts or arbitrators are asked to determine the legal status of a comfort letter. This is an area of practice in which lawyers in any field of business activity are inevitably concerned, and in which useful guidance is scarce. For this reason this detailed analysis will be very welcome.
Author : Clayton Ó Néill
Publisher : Routledge
ISBN 13 : 1351120603
Total Pages : 228 pages
Book Rating : 4.3/5 (511 download)
Download or read book Religion, Medicine and the Law written by Clayton Ó Néill and published by Routledge. This book was released on 2018-11-08 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the legal protection that is given to the expression of Abrahamic religious belief adequate or appropriate in the context of English medical law? This is the central question that is explored in this book, which develops a framework to support judges in the resolution of contentious cases that involve dissension between religious belief and medical law, developed from Alan Gewirth’s Principle of Generic Consistency (PGC). This framework is applied to a number of medical law case studies: the principle of double effect, ritual male circumcision, female genital mutilation, Jehovah’s Witnesses (adults and children) who refuse blood transfusions, and conscientious objection of healthcare professionals to abortion. The book also examines the legal and religious contexts in which these contentious cases are arbitrated. It demonstrates how human rights law and the proposed framework can provide a gauge to measure competing rights and apply legitimate limits to the expression of religious belief, where appropriate. The book concludes with a stance of principled pragmatism, which finds that some aspects of current legal protections in English medical law require amendment.
Author : Anthony Elliott
Publisher : Routledge
ISBN 13 : 0429582064
Total Pages : 431 pages
Book Rating : 4.4/5 (295 download)
Download or read book The Routledge Social Science Handbook of AI written by Anthony Elliott and published by Routledge. This book was released on 2021-07-12 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Social Science Handbook of AI is a landmark volume providing students and teachers with a comprehensive and accessible guide to the major topics and trends of research in the social sciences of artificial intelligence (AI), as well as surveying how the digital revolution – from supercomputers and social media to advanced automation and robotics – is transforming society, culture, politics and economy. The Handbook provides representative coverage of the full range of social science engagements with the AI revolution, from employment and jobs to education and new digital skills to automated technologies of military warfare and the future of ethics. The reference work is introduced by editor Anthony Elliott, who addresses the question of relationship of social sciences to artificial intelligence, and who surveys various convergences and divergences between contemporary social theory and the digital revolution. The Handbook is exceptionally wide-ranging in span, covering topics all the way from AI technologies in everyday life to single-purpose robots throughout home and work life, and from the mainstreaming of human-machine interfaces to the latest advances in AI, such as the ability to mimic (and improve on) many aspects of human brain function. A unique integration of social science on the one hand and new technologies of artificial intelligence on the other, this Handbook offers readers new ways of understanding the rise of AI and its associated global transformations. Written in a clear and direct style, the Handbook will appeal to a wide undergraduate audience.
Author : Claire Macken
Publisher : Routledge
ISBN 13 : 1136741879
Total Pages : 233 pages
Book Rating : 4.1/5 (367 download)
Download or read book Counter-terrorism and the Detention of Suspected Terrorists written by Claire Macken and published by Routledge. This book was released on 2013-03 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the preventative confinement of suspected terrorists with regard to different models of counter-terrorism policy within the context of international human rights law. The book is written from a global perspective drawing on cases and practice from different jurisdictions including the US, the UK and Australia.
