Jahrbuch des Offentlichen Rechts der Gegenwart. Neue Folge PDF Download

Author: Gerhard Leibholz
Publisher: Mohr Siebeck
ISBN: 9783166389424
Category : Law
Languages : en
Pages : 718

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Author: Peter Haberle
Publisher: Mohr Siebeck
ISBN: 9783161465499
Category : Law
Languages : en
Pages : 650

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Author: Wen-Yeu Wang
Publisher: Springer Science & Business Media
ISBN: 3319034553
Category : Law
Languages : en
Pages : 374

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No aspect of legal formalism has interested comparative jurists as much as the extent of legislative codification across legal systems. This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. The first of two volumes on this subject begins with a general theoretical and historical view of codification, followed by a series of other horizontal inquiries. It encompasses papers focusing on several significant contemporary issues in codification, including "codification of private law in post-soviet times", "criminal law codification beyond the nation state" and "soft codification of private law". In addition, this volume consists of general reports and national reports on administrative procedure and human rights, providing a comparative analysis of codification of law. This book is developed from papers presented at the 2012 Thematic Congress of the International Academy of Comparative Law.

Author: Yumiko Nakanishi
Publisher: Springer
ISBN: 9811061297
Category : Law
Languages : en
Pages : 218

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Book Description
This book is published open access under a CC BY-NC-ND 4.0 license. This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.

Author: Klaus Meßerschmidt
Publisher: Springer
ISBN: 3319332171
Category : Law
Languages : en
Pages : 409

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This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court ́s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation.

Author: Hans-Joachim Cremer
Publisher: Routledge
ISBN: 1136913955
Category : Law
Languages : en
Pages : 436

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In its case law, the European Court of Human Rights has acknowledged that national courts are bound to give effect to Article 8 of the European Convention of Human Rights (ECHR) which sets out the right to private and family life, when they rule on controversies between private individuals. Article 8 of the ECHR has thus been accorded mittelbare Drittwirkung or indirect ‘third-party’ effect in private law relationships. The German law of privacy, centring on the "allgemeines Persönlichkeitsrecht", has quite a long history, and the influence of the European Court of Human Rights’ interpretation of the ECHR has led to a strengthening of privacy protection in the German law. This book considers how English courts could possibly use and adapt structures adopted by the German legal order in response to rulings from the European Court of Human Rights, to strengthen the protection of privacy in the private sphere.

Author: John Witte
Publisher: Wm. B. Eerdmans Publishing
ISBN: 9780802848550
Category : Political Science
Languages : en
Pages : 644

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Book Description
The legal traditions of Christianity, Judaism, and Islam have contributed much to the cultivation and violation of religious human rights around the world. In this volume Desmond Tutu, Martin Marty, and twenty leading scholars offer an authoritative assessment of these contributions and challenge people of all faiths to adopt "golden rules of religious liberty."

Author: John Witte Jr.
Publisher: BRILL
ISBN: 9004637141
Category : Law
Languages : en
Pages : 633

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In this `Dickensian century' of human rights, the world has cultivated the best of religious rights protections, but witnessed the worst of religious rights abuses. In this volume, Jimmy Carter, John T. Noonan, Jr., and a score of leading jurists assess critically and comparatively the religious rights laws and practices of the international community and of selected states in the Atlantic continents. This volume and its companion Religious Human Rights in Global Perspective: Religious Perspectives are products of an ongoing project on religion, human rights and democracy undertaken by the Law and Religion Program at Emory University.

Author: Hermann-Josef Blanke
Publisher: Springer
ISBN: 3319193007
Category : Law
Languages : en
Pages : 620

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Book Description
Common European Legal Thinking emanates from the existence of a shared European legal culture as especially reflected in the existence of a common European constitutional law. It denotes a body of individual constitutional principles – written and unwritten – that represent the common heritage of the constitutions of the Member States. Taking into account the two major European organisations, the Council of Europe and especially the European Union, the essays of this Festschrift discuss a range of constitutional principles, including the rule of law, democracy, and the exercise of political power in a multilevel system which recognises fundamental rights as directly applicable and supreme law. Other essays examine the value of pluralism, the commitment of private organisations to uphold public values, principles or rules, and the objectives and methods of a transnational science of administrative law. These articles highlight the fact that the Ius Publicum Europaeum Commune is “politically” in the making, which can often be seen in the shape of general legal principles. The publication recognises the role of Albrecht Weber as a forerunner of Common European Legal Thinking.

Author: William Johnson Everett
Publisher: Wipf and Stock Publishers
ISBN: 166672419X
Category : Religion
Languages : en
Pages : 342

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Book Description
This harvest of articles drawn from William Johnson Everett's career of teaching and research on four continents and in a variety of institutions shows the breadth, depth, and diversity of his interests. Like spotlights in the wider field of Christian social ethics, they illuminate the key threads that have held together an emerging tapestry of thought woven around the powerful concept of covenant. Whether lifting up concepts of covenant, federalism, and corporation, the "oikos" of work, family, and faith, the public nature and mission of the church, or the ethical meaning of journey metaphors, his rich and artful style leads us into thinking more deeply about the way our lives are joined in a "covenantal imagination" about a more just and sustainable world.