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Rule of Law, Human Rights and Judicial Control of Power

Rule of Law, Human Rights and Judicial Control of Power PDF Author: Rainer Arnold
Publisher: Springer
ISBN: 3319551868
Category : Law
Languages : en
Pages : 444

Book Description
Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

Rule of Law, Human Rights and Judicial Control of Power

Rule of Law, Human Rights and Judicial Control of Power PDF Author: Rainer Arnold
Publisher: Springer
ISBN: 3319551868
Category : Law
Languages : en
Pages : 444

Book Description
Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

A Europe of Rights

A Europe of Rights PDF Author: Helen Keller
Publisher:
ISBN: 0199535264
Category : Law
Languages : en
Pages : 893

Book Description
"In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate the ECHR into domestic law, and they have developed a host of mechanisms designed to adapt the national legal system to the ECHR as it evolves. But how and why State actors have done so varies in important ways, and these differences heavily determine the relative status and effectiveness of Convention rights in national systems. Although problems persist, the book shows that national officials are, gradually but inexorably, being socialized into a Europe of rights, a unique transnational legal space now developing its own logics of political and juridical legitimacy."--BOOK JACKET.

The Balance between Worker Protection and Employer Powers

The Balance between Worker Protection and Employer Powers PDF Author: Nuno Cerejeira Namora
Publisher: Cambridge Scholars Publishing
ISBN: 1527526097
Category : Law
Languages : en
Pages : 622

Book Description
This book analyses the most important problems and challenges of the current labour market from the point of view of the balance between the parties of the employment contract. The contributions here are related to various pressing topics, including, for example, the future of work and worker protection on an international level against the strengthening of employers’ powers. In addition, the nature and limits of employers’ power, non-competition contractual clauses and workers’ rights in the face of new communication and information technologies are also discussed. The contributors are drawn from several countries, such as Portugal, Spain, Bolivia, Italy, México and Switzerland. The book will appeal to lawyers, legal experts, human resources experts, economist, judges, academia, and staff from companies and trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (4) and Portuguese (5).

Glosario Del Banco Mundial

Glosario Del Banco Mundial PDF Author: World Bank
Publisher: World Bank Publications
ISBN:
Category : Business & Economics
Languages : en
Pages : 468

Book Description
This edition of the World Bank has been revised and expanded by the Terminology Unit in the Languages Services Division of the World Bank in collaboration with the English, Spanish, and French Translation Sections. The Glossary is intended to assist the Bank's translators and interpreters, other Bank staff using French and Spanish in their work, and free-lance translator's and interpreters employed by the Bank. For this reason, the Glossary contains not only financial and economic terminology and terms relating to the Bank's procedures and practices, but also terms that frequently occur in Bank documents, and others for which the Bank has a preferred equivalent. Although many of these terms, relating to such fields as agriculture, education, energy, housing, law, technology, and transportation, could be found in other sources, they have been assembled here for ease of reference. A list of acronyms occurring frequently in Bank texts (the terms to which they refer being found in the Glossary) and a list of international, regional, and national organizations will be found at the end of the Glossary.

The Constitutional Structure of Proportionality

The Constitutional Structure of Proportionality PDF Author: Matthias Klatt
Publisher: Oxford University Press on Demand
ISBN: 0199662460
Category : Law
Languages : en
Pages : 203

Book Description
Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.

Collective Management of Copyright and Related Rights

Collective Management of Copyright and Related Rights PDF Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280534653
Category : Law
Languages : en
Pages : 252

Book Description
This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.

Spanish Administrative Law Under European Influence

Spanish Administrative Law Under European Influence PDF Author: Ortega Álvarez Ortega
Publisher: Europa Law Publishing
ISBN: 9789089520838
Category : Law
Languages : en
Pages : 218

Book Description
This book is devoted to the study of the Europeanization of Spanish administrative law, and its scope results, therefore, from the intersection of two basic notions. On the one hand, Europeanization is understood here as a top-down process of innovation suffered by national law as an outcome of the structural principles which govern the relations between European and national systems. On the other hand, the book focuses on some of the most important institutions of Spanish general administrative law, in order to give a wide and comprehensive insight into the transformations of the system, thus going beyond the description of the transformations experienced by the regulation of concrete sectors of administrative action. Specifically, the main topics discussed include regulation of administrative procedure, case law on the right to good administration, public procurement law, public services regulation, interim measures in judicial review, and the evolution of administrative sanctions.

Unión Europea y derechos fundamentales en perspectiva constitucional

Unión Europea y derechos fundamentales en perspectiva constitucional PDF Author: Natividad Fernández Sola
Publisher:
ISBN:
Category : Law
Languages : es
Pages : 360

Book Description


The Governance of Privacy

The Governance of Privacy PDF Author: Colin J. Bennett
Publisher: Routledge
ISBN: 1351775472
Category : Political Science
Languages : en
Pages : 295

Book Description
This book was published in 2003.This book offers a broad and incisive analysis of the governance of privacy protection with regard to personal information in contemporary advanced industrial states. Based on research across many countries, it discusses the goals of privacy protection policy and the changing discourse surrounding the privacy issue, concerning risk, trust and social values. It analyzes at length the contemporary policy instruments that together comprise the inventory of possible solutions to the problem of privacy protection. It argues that privacy protection depends upon an integration of these instruments, but that any country's efforts are inescapably linked with the actions of others that operate outside its borders. The book concludes that, in a ’globalizing’ world, this regulatory interdependence could lead either to a search for the highest possible standard of privacy protection, or to competitive deregulation, or to a more complex outcome reflecting the nature of the issue and its policy responses.

Teaching English as a Foreign Language

Teaching English as a Foreign Language PDF Author: Carola Surkamp
Publisher: Springer
ISBN: 3476044807
Category : Language Arts & Disciplines
Languages : de
Pages : 296

Book Description
Diese Einführung in englischer Sprache präsentiert in 14 Kapiteln die grundlegenden Themen und Gegenstandsbereiche der Englischdidaktik. Gleichermaßen praxisnah wie theoretisch fundiert, behandelt der Band zentrale Prinzipien und Kompetenzbereiche eines modernen Fremdsprachenunterrichts. Ausgehend von den zentralen Akteur/innen (Lehrende und Lernende) und mit Blick auf die Teilbereiche der Sprach-, Literatur- und Kulturdidaktik werden zudem Vorschläge für den Einsatz unterschiedlicher Materialien und Medien diskutiert. Weitere Kapitel widmen sich den institutionellen Organisationsstrukturen und dem Bereich Assessment/Diagnose. Der Band erscheint in zweifarbiger Gestaltung, mit Definitionen und Beispielen sowie mit zahlreichen Abbildungen. This comprehensive introduction presents the fundamental topics and issues of TEFL (Teaching English as a Foreign Language) in 14 chapters. Integrating both profound theoretical and creative practical considerations, the central principles and competence domains of modern foreign language teaching are discussed. Starting with the main classroom agents (teachers and learners), the chapters outline a variety of content areas (language, literature, cultural issues) and thoroughly review materials, media and methods. Additional chapters are concerned with the historical development of English language teaching, its current institutional organisation as well as assessment and evaluation.