The Effect on English Domestic Law of Membership of the European Communities and of Ratification of the European Convention on Human Rights PDF Download

Author: Michael P. Furmston
Publisher: BRILL
ISBN: 9789024728114
Category : Law
Languages : en
Pages : 444

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Douglas and Stephen Jones.

Author: Trevor C. Hartley
Publisher: Oxford University Press, USA
ISBN: 0199290350
Category : Law
Languages : en
Pages : 536

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Book Description
Recoge: 1.Communnity institutions - 2.The community legal system - 3.Community law and the member states - 4.Administrative law.

Author: Murray Hunt
Publisher: Hart Publishing
ISBN: 1901362728
Category : Law
Languages : en
Pages : 469

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Book Description
This book demonstrates the scope that already exists for using international human rights law in English courts.

Author: Trevor Hartley
Publisher: Oxford University Press, USA
ISBN: 0199566755
Category : Language Arts & Disciplines
Languages : en
Pages : 571

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Book Description
Rev. ed. of : The foundations of European Community law / by T.C. Hartley. 6th ed. c2007.

Author: Sally Jane Kenney
Publisher: University of Michigan Press
ISBN: 9780472081769
Category : Business & Economics
Languages : en
Pages : 392

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Book Description
Probes the complex issues that underlie policies regarding women's reproduction and the workplace

Author: Filip Dorssemont
Publisher: A&C Black
ISBN: 1782252118
Category : Law
Languages : en
Pages : 769

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Book Description
The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.

Author: Tom Zwart
Publisher: Martinus Nijhoff Publishers
ISBN: 9004482237
Category : Law
Languages : en
Pages : 264

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Book Description
Both global and regional human rights treaties have established international institutions offering recourse if a State party fails to comply with its obligations under the treaty. Many of these institutions have jurisdiction to consider complaints brought by individuals claiming that a State party has violated the rights enumerated in the treaty. However, these same institutions appear no longer merely to confine themselves to considering individual petitions. Due to the growing number of complaints, they have become increasingly preoccupied with managing their workload. The present volume focuses attention on two international institutions, one regional (the European Commission on Human Rights), and one global (the Human Rights Committee). It thoroughly examines the admissibility conditions of both the Commission and the Court by means of their case law and discusses possible changes which might reduce this case load. Chapter 2 discusses the procedural aspects of both systems, in particular, the division of labour and the various stages of the proceedings. Chapters 3-9 explore the case law of both organs concerning admissibility conditions, and such topics as competence ratione personae (including standing, the victim requirement and State responsibility), competence ratione temporis, competence ratione materiae, inadmissibility pendente lite and the exhaustion of local remedies.

Author: Carol Harlow
Publisher: Routledge
ISBN: 1134980043
Category : Political Science
Languages : en
Pages : 385

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Book Description
Group litigation has been recognised by political scientists in the States as a useful method of gaining ground and attracting publicity for pressure groups since the turn of the century. In Britain however, recognition that the courts fill such a role has come more slowly. Despite this lack of recognition, pressure through law is far from a modern phenomenon. As the authors show, such cases can be identified in Britain as early as 1749 when abolitionists used the court to test conflicting views of slavery in common law. This book looks at the extent to which pressure groups in Britain use litigation, presenting a view of the courts as a target for campaigners and a vehicle for campaigning. It begins with a description of the tradition of pressure through law in Britain, tracing the development of a parallel tradition in the United States, which has been influential in shaping current British attitudes. The authors analyse the significance of the political environment in Britain in test-case strategy. In contrast with America, Britain has no written constitution and no Bill of Rights and its lack of Freedom of Information legislation makes both litigation and the monitoring of its effects very difficult. However, the centralised character of the British government means that the effects of lobbying are rather more visible in the corridors of power. The authors examine a large number of case studies in order to analyse current practice, and they look at the rapidly changing European and international scene, discussing transnational law, the European community and the Council of Europe. They also look at the campaign tactics of global organisations such as Amnesty and Greenpeace. Carol Harlow and Richard Rawlings are experienced in public law and familiar with political science literature. They are therefore able to relate legal systems to the political process, in a book designed to be accessible and important to lawyers, to political scientists and to lobby group activists.

Author: Judith Goldstein
Publisher: Cornell University Press
ISBN: 1501724991
Category : Political Science
Languages : en
Pages : 327

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Book Description
Do people's beliefs help to explain foreign policy decisions, or is political activity better understood as the self-interested behavior of key actors? The collaborative effort of a group of distinguished scholars, this volume breaks new ground in demonstrating how ideas can shape policy, even when actors are motivated by rational self-interest. After an introduction outlining a new framework for approaching the role of ideas in foreign policy making, well-crafted case studies test the approach. The function of ideas as "road maps" that reduce uncertainty is examined in chapters on human rights, decolonialization, the creation of socialist economies in China and Eastern Europe, and the postwar Anglo-American economic settlement. Discussions of parliamentary ideas in seventeenth-century England and of the Single European Act illustrate the role of ideas in resolving problems of coordination. The process by which ideas are institutionalized is further explored in chapters on the Peace of Westphalia and on German and Japanese efforts to cope with contemporary terrorism.

Author: Council of Europe/Conseil de l'Europe
Publisher: BRILL
ISBN: 9004704191
Category : Law
Languages : en
Pages : 863

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