Concretising the Open Norm of Public Policy PDF Download

Author: Luanda Hawthorne
Publisher:
ISBN:
Category :
Languages : en
Pages : 20

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Book Description
Both classical contract law and the classical conception of the rule of law have as their point of departure that inequality between individuals is the result of natural differences and capabilities and that recognition of formal equality is the only possibility. In line with this premise the judiciary is expected to merely apply abstract legal norms, and it is not the function of a judge to refer to policy considerations or consider the relative justice of individuals' claims. The judiciary may not make law or become involved in policy issues. However, the South African Constitution is expressly value-based and demands that the judiciary take cognizance of substantive values.

Author: Sean Patrick Donlan
Publisher: Routledge
ISBN: 0429751419
Category : Law
Languages : en
Pages : 135

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Book Description
This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.

Author: Julius Walther
Publisher: LIT Verlag Münster
ISBN: 3643915918
Category :
Languages : en
Pages : 272

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Book Description
The planned copyright reform is intended to implement a right to equitable remuneration for authors in the South African Copyright Act. This dissertation examines the claim from a legal policy perspective. After an introduction to the basics of the South African mixed-legal system, the foundations of contract and copyright law are examined. This is followed by an analysis of the current remuneration practice with collecting societies and international legislation. Against this background, the work ends with theses on the effectiveness of the newly introduced right to equitable remuneration.

Author: Michal Krajewski
Publisher: Bloomsbury Publishing
ISBN: 1509947310
Category : Law
Languages : en
Pages : 224

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Book Description
Do independent boards of appeal set up in some EU agencies and the European Ombudsman compensate for the shortcomings of EU Courts? This book examines the operation of EU judicial and extra-judicial review mechanisms. It confronts the formal legal rules with evolving practices, relying on rich statistical data and internal documents. It covers detailed institutional arrangements, the standard of review, the types of cases and litigants, and the activity of the parties in the process. It makes visible the diverse but complementary ways in which the mechanisms enhance the authority of EU legal acts and processes. It also reveals that scarce resources and imprecise rules restrict the scope of review and hinder independent empirical investigations. Finally, it casts light on how a differentiated system of judicial and extra-judicial review can accommodate various kinds of technical and political discretion exercised by EU institutions and bodies.

Author: Roger Brownsword
Publisher: Bloomsbury Publishing
ISBN: 1847317901
Category : Law
Languages : en
Pages : 499

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Book Description
There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.

Author: Joana Mendes
Publisher: Oxford University Press
ISBN: 0192561332
Category : Law
Languages : en
Pages : 288

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Book Description
The increase in the European Union's executive powers in the areas of economic and financial governance has thrown into sharp relief the challenges of EU law in constituting, framing, and constraining the decision-making processes and political choices that have hitherto supported European integration. The constitutional implications of crisis-induced transformations have been much debated but have largely overlooked the tension between law and discretion that the post-2010 reforms have brought to the fore. This book focuses on this tension and explores the ways in which legal norms may (or may not) constrain and structure the discretion of the EU executive. The developments in the EU's post-crisis financial and economic governance act as a reference point from which to analyze the normative problems pertaining to the law's relationship to the exercise of discretion. Structured in three parts, the book starts by analyzing the challenges to the maxim that the law both grounds and constrains EU executive and administrative discretion, setting out the concepts, problems and approaches to the relation between law and discretion both in general public law and in EU law. It progresses to analyze how these problems and approaches have unfolded in EU's financial, economic and monetary governance. Finally, it moves on from these specific developments to assess how existing legal principles and means of judicial review contribute to ensuring the rationality and legality of EU's discretionary powers.

Author: P. Odmalm
Publisher: Springer
ISBN: 0230512380
Category : Social Science
Languages : en
Pages : 268

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Book Description
Comparing differences in migrant political participation, the author discusses the influence that institutions have on opportunities and constraints for migrants' political engagement. The book adopts a multi-country comparative approach, highlighting three areas where institutions influence the scope for migrant actors in Sweden, the Netherlands, France, Germany and the UK: - Strategies adopted by organized migrant interests in response to specific political structures - The role of identity and its relevance in explaining varying political participation - Institutional effects on the relationship between migrant organizations and political parties

Author: Cara E. Rabe-Hemp
Publisher: Emerald Group Publishing
ISBN: 1787560503
Category : Political Science
Languages : en
Pages : 378

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Book Description
This edited collection examines the intersections of social control, political authority and public policy, providing an insight into the key elements needed to understand the role of governance in establishing and maintaining social control through law and public policy making.

Author: Blake Emerson
Publisher: Oxford University Press
ISBN: 0190682892
Category : Law
Languages : en
Pages : 289

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Book Description
The Public's Law is a theory and history of democracy in the American administrative state. The book describes how American Progressive thinkers - such as John Dewey, W.E.B. Du Bois, and Woodrow Wilson - developed a democratic understanding of the state from their study of Hegelian political thought. G.W.F. Hegel understood the state as an institution that regulated society in the interest of freedom. This normative account of the state distinguished his view from later German theorists, such as Max Weber, who adopted a technocratic conception of bureaucracy, and others, such as Carl Schmitt, who prioritized the will of the chief executive. The Progressives embraced Hegel's view of the connection between bureaucracy and freedom, but sought to democratize his concept of the state. They agreed that welfare services, economic regulation, and official discretion were needed to guarantee conditions for self-determination. But they stressed that the people should participate deeply in administrative policymaking. This Progressive ideal influenced administrative programs during the New Deal. It also sheds light on interventions in the War on Poverty and the Second Reconstruction, as well as on the Administrative Procedure Act of 1946. The book develops a normative theory of the state on the basis of this intellectual and institutional history, with implications for deliberative democratic theory, constitutional theory, and administrative law. On this view, the administrative state should provide regulation and social services through deliberative procedures, rather than hinge its legitimacy on presidential authority or economistic reasoning.

Author: Dimitrios Kyritsis
Publisher: Bloomsbury Publishing
ISBN: 1509933859
Category : Law
Languages : en
Pages : 486

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Book Description
What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.