Białystok Law Books 1 Fundamental Rights Protection In The Council Of Europe: The Role Of The European Court Of Human Rights PDF Download

Author: Iwona Wrońska
Publisher: Wydawnictwo Temida 2
ISBN: 8362813199
Category :
Languages : en
Pages : 212

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Author: Pedi Obani
Publisher: CRC Press
ISBN: 042986597X
Category : Science
Languages : en
Pages : 381

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Book Description
Over a third of the current 7.3 billion people worldwide are burdened with poor sanitation services. The resulting social, relational and ecological exclusion make the realisation of the human right to sanitation (HRS) a critical concern development concern. However, the literature has evolved in a largely compartmentalised manner, focusing on the formal recognition of the HRS in domestic legal systems, without sufficiently addressing the drivers of poor sanitation services. This research expounds on the impact of the HRS on human wellbeing and the environment within the context of a developing country like Nigeria as a case study. The findings show that contrary to the focus in the literature, the drivers of poor sanitation services are not confined to legal factors, such as the formal recognition of the HRS within domestic legal systems. Rather, the drivers include social, economic and environmental limitations to improved sanitation services. Based on the findings, the book argues that the focus in the literature on the formal recognition of the HRS in national legal systems is insufficient for tackling the main drivers of poor sanitation services. It is therefore necessary to reformulate the HRS discourse using complementary governance instruments that advance social, relational and ecological inclusion.

Author: Jeremy McBride
Publisher: Council of Europe
ISBN: 928718741X
Category : Political Science
Languages : en
Pages : 529

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A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.

Author: Walter Kälin
Publisher:
ISBN: 0198825684
Category : Law
Languages : en
Pages : 641

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Book Description
The second edition of Kalin and Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them.

Author: European Commission for Democracy through Law
Publisher: Council of Europe
ISBN: 9789287166784
Category : Social Science
Languages : en
Pages : 318

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Book Description
Mutual understanding and acceptance is perhaps the main challenge of modern society. Diversity is undoubtedly an asset, but cohabiting with people of different backgrounds and ideals calls for a new ethic of responsible intercultural relations, in Europe and in the World. This book tries to answer a series of pertinent and poignant questions arising from these issues, such as whether it is still possible to criticise ideas when this may be considered hurtful to certain religious feelings; whether society is hostage to the excessive sensitivity of certain individuals; or what legal responses there may be to these phenomena, and whether criminal law is the only answer.

Author: Anneli Albi
Publisher: Springer
ISBN: 9462652732
Category : Law
Languages : en
Pages : 1522

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Book Description
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.

Author: Lukas, Karin
Publisher: Edward Elgar Publishing
ISBN: 1789903645
Category : Law
Languages : en
Pages : 393

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Book Description
This detailed Commentary explores the boundaries of social rights at a European level through analysis of the Revised European Social Charter (RESC), the most comprehensive regional document on social rights. The Commentary considers the treaty as the counterpart of the European Convention on Human Rights, examining how it sets out fundamental rights in the social field. It focuses primarily on the rich jurisprudence developed by the Charter’s monitoring body, the European Committee of Social Rights (ECSR).

Author: Lech Jamróz
Publisher: Wydawnictwo Temida 2
ISBN: 8362813725
Category : Constitutional courts
Languages : en
Pages : 170

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Author: Piotr Mikuli
Publisher: Routledge
ISBN: 1000424677
Category : Law
Languages : en
Pages : 225

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Book Description
This book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies. The authors deal with various problems connected to controlling public institutions and incumbents’ responsibility in state bodies. The work is divided into three parts. Part I: Law examines the institutional and objective approach. Part II: Fairness and Rights considers the subject approach, referring to a recipient of rights. Part III: Authority looks at the functional approach, referring to the executors of law. Providing insights into increasing understanding of various concepts, principles, and institutions characteristic of the modern state, the book makes a valuable contribution to the area of comparative constitutional change. It will be a valuable resource for academics, researchers, and policy-makers working in the areas of constitutional law and politics.

Author: Unesco
Publisher: UNESCO
ISBN: 9231040774
Category : Social Science
Languages : en
Pages : 418

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Book Description
This report analyses all aspects of cultural diversity, which has emerged as a key concern of the international community in recent decades, and maps out new approaches to monitoring and shaping the changes that are taking place. It highlights, in particular, the interrelated challenges of cultural diversity and intercultural dialogue and the way in which strong homogenizing forces are matched by persistent diversifying trends. The report proposes a series of ten policy-oriented recommendations, to the attention of States, intergovernmental and non-governmental organizations, international and regional bodies, national institutions and the private sector on how to invest in cultural diversity. Emphasizing the importance of cultural diversity in different areas (languages, education, communication and new media development, and creativity and the marketplace) based on data and examples collected from around the world, the report is also intended for the general public. It proposes a coherent vision of cultural diversity and clarifies how, far from being a threat, it can become beneficial to the action of the international community.