In deference of fundamental rights PDF Download

Author: William E. Conklin
Publisher: Martinus Nijhoff Publishers
ISBN: 9789028603899
Category : Political Science
Languages : en
Pages : 350

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Author: Paul Daly
Publisher: Cambridge University Press
ISBN: 1107025516
Category : Law
Languages : en
Pages : 323

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Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.

Author: Agustín J. Menéndez
Publisher: Springer Science & Business Media
ISBN: 1402049196
Category : Law
Languages : en
Pages : 227

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Book Description
This book explores the trail-blazing Theory of Constitutional Rights of Robert Alexy. The authors combine critical analysis of the structural elements of Alexy’s theory with an assessment of its applied relevance, paying special attention to the UK Human Rights Act and the Charter of Fundamental Rights of the European Union. Alexy himself opens the book with an insightful contextualisation of his theory of fundamental rights within his general legal theory.

Author: Christophe Paulussen
Publisher: Springer
ISBN: 9462650888
Category : Law
Languages : en
Pages : 327

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Book Description
In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute’s research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues – such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration – that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.

Author: Delphine Deschaux-Dutard
Publisher: Routledge
ISBN: 0429584253
Category : Political Science
Languages : en
Pages : 243

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This textbook provides an overview of qualitive and quantitative methods used in different social sciences to investigate defence issues. Recently, defence issues have become of increasing interest to researchers in the social sciences, but they raise specific methodological questions. This volume intends to fill a gap in the literature on defence studies by addressing a number of topics not dealt with sufficiently before. The contributors offer a range of methodological reflections and tools from various social sciences (political science, sociology, geography, history, economics and public law) for researching defence issues. They also address the increasingly important question of data and digitalization. The book introduces the added value of quantitative and qualitative methods, and calls for a cross-fertilization of methods in order to facilitate better research on defence topics and to fully grasp the complexity of defence in the 21st century. This book will be of much interest to students, researchers and practitioners of defence studies, war studies, military studies, and social science research methods in general.

Author: Bertie G. Ramcharan
Publisher: BRILL
ISBN: 9047414837
Category : Law
Languages : en
Pages : 868

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Book Description
In contemporary international relations the United Nations High Commissioner for Human Rights is a central actor, promoting human rights laws and institutions within countries, speaking out against gross violations of human rights, integrating human rights into efforts for conflict prevention, peacemaking, peacekeeping, peacebuilding, development and humanitarian affairs. The author exercised the functions of UN High Commissioner for Human Rights in a turbulent period involving the conflict in Iraq, the conflict in Cote d'Ivoire, and the crisis in Darfur, Sudan. In this unique work he tells the story of the role of the High Commissioner in leadership and advocacy, crisis response, diplomatic initiatives, mainstreaming human rights, and strengthening the Office of High Commissioner. The texts of the principal reports referred to the essays contained in Part One are reproduced in Part Two, offering the reader important insights into the reasoning, the methods and the techniques used in the work of the High Commissioner. This is the first book ever written by a serving High Commissioner in the history of the institution. It is obligatory reading for all students and practitioners of human rights.

Author: Eduardo Gill-Pedro
Publisher: Routledge
ISBN: 1351176331
Category : Law
Languages : en
Pages : 235

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Book Description
The orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states to respect EU fundamental rights. It first sets out a legal theoretical account of how human rights can complement democracy. It argues that they can do so only if they are understood as both the conditions for the democratic process, and the outcome of such a democratic process. In light of this legal theoretical account of human rights, this book examines the demands which the Court of Justice of the EU (CJEU) imposes on the national orders in respect of EU fundamental rights. The conclusion reached is that the demands which EU fundamental rights impose on national legal orders entail a cost for the democratic legitimacy of those legal orders. Ultimately, accepting the demands of the CJEU in respect of EU fundamental rights may require the national legal order to abandon its commitment to protecting the human rights which are the foundation of the national legal order’s very legitimacy.

Author: Disha Experts
Publisher: Disha Publications
ISBN: 9390152283
Category :
Languages : en
Pages :

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Author: Janneke Gerards
Publisher: Cambridge University Press
ISBN: 1316878473
Category : Political Science
Languages : en
Pages : 297

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Book Description
Traditionally, courts adjudicate fundamental rights cases by applying substantive tests of reasonableness or proportionality. Increasingly, however, European courts are also expressly taking account of the quality of the procedure that has led up to a fundamental rights interference. Yet this procedural review is far from uncontroversial. There still is a lack of clarity as to what 'procedural review' really means, what its potential for judicial decision-making is, how it relates and should relate to substantive review, and what its limitations are. Featuring contributions from experts in the field, this book is the first in-depth study into procedural review, considering the theoretical and conceptual issues at play, as well as the applicability of procedural review in different legal systems. It will therefore be of great importance to scholars and practitioners interested in fundamental rights adjudication in Europe, judicial reasoning and procedural justice.

Author: Hilaire Barnett
Publisher: Taylor & Francis
ISBN: 1315458365
Category : Law
Languages : en
Pages : 850

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Book Description
Hilaire Barnett’s Constitutional and Administrative Law has provided generations of students with reliable, accessible and comprehensive coverage of the Public Law syllabus. Mapped to the common course outline, it equips students with an understanding of the constitution’s past, present and future by analysing and illustrating the political and socio-historical contexts which have shaped the major legal rules and principles of public law, as well as on-going constitutional reform. The 12th edition will address key recent developments including: The referendum result on the UK’s membership of the EU and its ongoing impact on constitutional and administrative law The continuing process of devolution to the nations Terrorism and national security Future developments, particularly in relation to 'Brexit' will be discussed in regular updates to the companion website.