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Author: Federica Giovanella Publisher: Edward Elgar Publishing ISBN: 1785369369 Category : Conflict of laws Languages : en Pages : 359
Book Description
Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.
Author: Federica Giovanella Publisher: Edward Elgar Publishing ISBN: 1785369369 Category : Conflict of laws Languages : en Pages : 359
Book Description
Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.
Author: Bengt Lindell Publisher: Edward Elgar Publishing ISBN: 1786430207 Category : Business & Economics Languages : en Pages : 301
Book Description
Providing an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law.
Author: Ndiva Kofele-Kale Publisher: Routledge ISBN: 1136594426 Category : Law Languages : en Pages : 260
Book Description
In the last decade a new tool has been developed in the global war against official corruption through the introduction of the offense of "illicit enrichment" in almost every multilateral anti-corruption convention. Illicit enrichment is defined in these conventions to include a reverse burden clause which triggers an automatic presumption that any public official found in "possession of inexplicable wealth" must have acquired it illicitly. However, the reversal of the burden of proof clauses raises an important human rights issue because they conflict with the accused individual’s right to be presumed innocent. Unfortunately, the recent spate of international legislation against official corruption provides no clear guidelines on how to proceed in balancing the right of the accused to be presumed innocent against the competing right of society to trace and recapture illicitly acquired national wealth. Combating Economic Crimes therefore sets out to address what has been left unanswered by these multilateral conventions, to wit, the level of burden of proof that should be placed on a public official who is accused of illicitly enriching himself from the resources of the State, balanced against the protection of legitimate community interests and expectations for a corruption-free society. The book explores the doctrinal foundations of the right to a presumption of innocence and reviews the basic due process protections afforded to all accused persons in criminal trials by treaty, customary international law, and municipal law. The book then goes on to propose a framework for balancing and ‘situationalizing’ competing human rights and public interests in situations involving possible official corruption.
Author: Thomas Schultz Publisher: ISBN: Category : Languages : en Pages : 14
Book Description
This is a legal theory article on a methodology judges and arbitrators may use to balance interests in their decision making-process. Special consideration is given to the definition of the notion of interest, which lies between legal norms and facts, and its role in relation to vague or indetermined legal norms. The article seeks to find common threads in the developments of legal philosophers such as H.L.A. Hart, Ronald Dworkin, Jeremy Bentham, Juuml;rgen Habermas, Franccedil;ois Ost, Enrico Pattaro, and Umberto Eco.
Author: Andrew Fenton Cooper Publisher: Oxford University Press ISBN: 0199588864 Category : Political Science Languages : en Pages : 990
Book Description
Including chapters from some of the leading experts in the field this Handbook provides a full overview of the nature and challenges of modern diplomacy and includes a tour d'horizon of the key ways in which the theory and practice of modern diplomacy are evolving in the 21st Century.
Author: Willemien Du Plessis Publisher: PULP ISBN: 1920538054 Category : Africa Languages : en Pages : 698
Book Description
"Now that economic development is starting to pick up in many countries in Africa, the question arises how such development can be balanced with the need for adequate environmental protection. This crucial issue, inherent in the notion of sustainable development, is addressed in this innovative and path-breaking volume. For the first time, academics from seventeen African countries have joined forces to analyse the way in which economic and environmental interests are balanced in their legal systems. The authors all use a common framework to improve the comparability of the country studies. The different country-related chapters do not only provide insights into the formally applicable legal rules (law in the books), but given that the book brings together academics aware of the practice in Africa, they also describe the way in which environmental policy functions in practice (law in action). Many case studies, with conceptual analyses are provided of pollution incidents and the way in which administrative agencies or courts have on those occasions balanced the interests between the economy, society and the environment. A critical comparative analysis by the editors points at tendencies towards convergence and points of divergence between the African countries. Suggestions for policy reform are also formulated, showing African countries how they can benefit from experiences in the US and Europe. This thought provoking volume is a must for anyone (academic, policymaker or practitioner) interested in sustainable development generally and in Africa in particular."--P. [4] of cover.
Author: Jacco Bomhoff Publisher: Cambridge University Press ISBN: 1107044413 Category : Law Languages : en Pages : 289
Book Description
A comparative and historical account of the origins and meanings of the discourse of judicial 'balancing' in constitutional rights law.
Author: Martin Belov Publisher: Routledge ISBN: 1000707970 Category : Law Languages : en Pages : 201
Book Description
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Author: Federica Giovanella
Author: Federica Giovanella
Author: Bengt Lindell
Author: Ndiva Kofele-Kale
Author: Thomas Schultz
Author: Andrew Fenton Cooper
Author: Willemien Du Plessis
Author: Charles Fried
Author: Hans-Eric Rasmussen-Bonne
Author: Jacco Bomhoff
Author: Martin Belov