Limitation Des Droits de L'homme en Droit Constitutionnel Comparé PDF Download

Author: Armand L. C. De Mestral
Publisher: Cowansville [Québec] : Éditions Y. Blais
ISBN:
Category : Canada Constitutional law
Languages : en
Pages : 618

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ISBN:
Category :
Languages : fr
Pages :

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Author: Stefan Sottiaux
Publisher: Bloomsbury Publishing
ISBN: 1847314112
Category : Law
Languages : en
Pages : 472

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Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.

Author: Howard Charles Yourow
Publisher: BRILL
ISBN: 9004482261
Category : Law
Languages : en
Pages : 241

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The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence is the first full-length monograph to treat this subject, which is of central importance to the interpretation and application of the European Convention on Human Rights. It will enrich the understanding and appreciation of judges, advocates, civil servants, scholars, researchers, students, and indeed of anyone whose life and work is affected by national and international human rights adjudication. This thorough and learned analysis synthesizes the work of the Strasbourg judicial organs, proceeding in the light of the ongoing debates on the appropriate place of the margin doctrine in the Strasbourg jurisprudence. The author's rich conclusions add texture and perspective to the future judicial and scholarly dialogues which will no doubt continue to surround this subject matter. The text is eminently readable, written in a clear and precise style to be appreciated by the novice and specialist alike. The newcomer to human rights and to the Convention will find it an inviting introduction to complex material; the expert will gain new and expanded insights into the development of the case law rarely to be found in this breadth and depth.

Author: Grant Huscroft
Publisher: Cambridge University Press
ISBN: 1139952870
Category : Law
Languages : en
Pages : 433

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To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.

Author: Gerhard Van der Schyff
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 396

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Author: Christoph Krenn
Publisher: Cambridge University Press
ISBN: 1009247948
Category : Law
Languages : en
Pages : 203

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How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.

Author: Thilo Marauhn
Publisher: BRILL
ISBN: 9004380590
Category : Law
Languages : en
Pages : 700

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Professor Michael Bothe is one of the most prominent and influential scholars of international humanitarian law. His publications on legal restraints on the use of military force were not only important at the time of their publication. They continue to be relevant for the interpretation and further development of this highly important area of international law. This volume uniquely collects a wealth of writings that demonstrate that political ideals coupled with a sense of human responsibility can benefit from solid doctrinal underpinnings in international law. Michael Bothe's work brings together idealism, pragmatism and the law in a unique fashion that not only provides insights into important matters of every day politics but also serves as a stimulus for future contributions to the field. The volume thus provides guidance, food for thought and incentives for debate in the international legal community, among practitioners and academics alike. Michael’s doctrinal skills, combined with his contextualized assessment of the law, and his deep empathy for the needs of human beings in difficult situations, with a particular view to the victims of armed conflict, will provide a stimulus to scholars to address these issues in the future.

Author: Mads Andenas
Publisher: OUP Oxford
ISBN: 0191059048
Category : Law
Languages : en
Pages : 825

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While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

Author: Gian Antonio Benacchio
Publisher: Central European University Press
ISBN: 6155053804
Category : Law
Languages : en
Pages : 328

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An essential guide for lawmakers, scholars, and students of law, this work takes on the formidable task of providing a detailed overview of the harmonization of law in the European Union. Skillfully researched, the authors seek to approach this topic with an eye to the recent enlargement process. In highlighting the most recent actions of the European Court of Justice and the Court of First Instance, the book seeks to analyze the future strengths and pitfalls of EU Common Law. Court rulings are quoted at length, and work in conjunction with text inserts in providing a format that breaks down complex information. This open style of the book gives researchers the ability to quickly locate useful information and cite statements from EU institutions. In outlining the sources and institutions of Community Law, and the challenges in harmonizing national and supra-national law-books, 'A Common Law for Europe' has done a tremendous service for academics and future leaders of the European Union.