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Author: Luís Gonçalves da Silva Publisher: Springer Nature ISBN: 303145717X Category : Law Languages : en Pages : 160
Book Description
The challenges that labour law currently faces are well known. The emergence of new forms of work and the growing importance of technology in the age of the Fourth Industrial Revolution are important tests of the resilience of this field of law and its function: regulating the labour market. Therefore, it is becoming increasingly important to examine the fundamentals of labour law, especially how subordinate labour is addressed in various countries’ constitutions, in order to focus the analysis of the new phenomena affecting labour relations on their fundamental frameworks.In this context, this book puts forward an overarching framework that reflects how the Italian, German, French, Portuguese, and Spanish constitutions view labour in terms of both collective and individual relations – particularly the right to collective bargaining, the right to strikes and lock-outs, job security, and the right to remuneration – without losing sight of each Constitution's historical and political context.The aim of this book is therefore to provide an overview of the labour law frameworks in the constitutions of these legal systems and to show, by means of practical examples, how the law concretely implements them. Accordingly, it provides notes on the legal treatment of the topics analysed, serving as a practical guide for the study of these matters in the respective jurisdictions.This book will be of interest to all students and scholars of labour law looking for an overview of the topics covered in all five jurisdictions.
Author: Luís Gonçalves da Silva Publisher: Springer Nature ISBN: 303145717X Category : Law Languages : en Pages : 160
Book Description
The challenges that labour law currently faces are well known. The emergence of new forms of work and the growing importance of technology in the age of the Fourth Industrial Revolution are important tests of the resilience of this field of law and its function: regulating the labour market. Therefore, it is becoming increasingly important to examine the fundamentals of labour law, especially how subordinate labour is addressed in various countries’ constitutions, in order to focus the analysis of the new phenomena affecting labour relations on their fundamental frameworks.In this context, this book puts forward an overarching framework that reflects how the Italian, German, French, Portuguese, and Spanish constitutions view labour in terms of both collective and individual relations – particularly the right to collective bargaining, the right to strikes and lock-outs, job security, and the right to remuneration – without losing sight of each Constitution's historical and political context.The aim of this book is therefore to provide an overview of the labour law frameworks in the constitutions of these legal systems and to show, by means of practical examples, how the law concretely implements them. Accordingly, it provides notes on the legal treatment of the topics analysed, serving as a practical guide for the study of these matters in the respective jurisdictions.This book will be of interest to all students and scholars of labour law looking for an overview of the topics covered in all five jurisdictions.
Author: Rubens Becak Publisher: Rowman & Littlefield ISBN: 1793623708 Category : Law Languages : en Pages : 285
Book Description
The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.
Author: Tyson Reeder Publisher: University of Pennsylvania Press ISBN: 0812251385 Category : History Languages : en Pages : 352
Book Description
After emerging victorious from their revolution against the British Empire, many North Americans associated commercial freedom with independence and republicanism. Optimistic about the liberation movements sweeping Latin America, they were particularly eager to disrupt the Portuguese Empire. Anticipating the establishment of a Brazilian republic that they assumed would give them commercial preference, they aimed to aid Brazilian independence through contraband, plunder, and revolution. In contrast to the British Empire's reaction to the American Revolution, Lisbon officials liberalized imperial trade when revolutionary fervor threatened the Portuguese Empire in the 1780s and 1790s. In 1808, to save the empire from Napoleon's army, the Portuguese court relocated to Rio de Janeiro and opened Brazilian ports to foreign commerce. By 1822, the year Brazil declared independence, it had become the undisputed center of U.S. trade with the Portuguese Empire. However, by that point, Brazilians tended to associate freer trade with the consolidation of monarchical power and imperial strength, and, by the end of the 1820s, it was clear that Brazilians would retain a monarchy despite their independence. Smugglers, Pirates, and Patriots delineates the differences between the British and Portuguese empires as they struggled with revolutionary tumult. It reveals how those differences led to turbulent transnational exchanges between the United States and Brazil as merchants, smugglers, rogue officials, slave traders, and pirates sought to trade outside legal confines. Tyson Reeder argues that although U.S. traders had forged their commerce with Brazil convinced that they could secure republican trade partners there, they were instead forced to reconcile their vision of the Americas as a haven for republics with the reality of a monarchy residing in the hemisphere. He shows that as twilight fell on the Age of Revolution, Brazil and the United States became fellow slave powers rather than fellow republics.
Author: Carlos Nunes Silva Publisher: Routledge ISBN: 1317003608 Category : Political Science Languages : en Pages : 387
Book Description
Urban planning on the five Lusophone African countries - Angola, Cape Verde, Guinea-Bissau, Mozambique, and Sao Tome and Príncipe - has so far been relatively overlooked in planning literature. Bringing together a team of leading scholars, this book fills the gap by providing an in-depth analysis of key issues in the history of urban planning and discussing the key challenges confronting contemporary urban planning in these countries. The book argues that urban planning is a non-neutral and non-value free kind of public action and, therefore, ideology, planning theories, urban models and the ideological role urban planning has played are some of the key issues addressed. For that reason, the practice of Urban Planning is also seen as the outcome of a complex interrelationship between structure and agency, with the role of key planers being examined in some of the chapters. The findings and insights presented by the contributing authors confirm previous research on urban planning in the colonial and postcolonial periods in Lusophone African countries and at the same time break fresh ground and offer additional insights as new evidence has been collected from archives and in fieldwork carried out by a new generation of researchers. In addition, it outlines possible directions for future research.
Author: Carina Barbosa Gouvêa Publisher: Springer Nature ISBN: 3031327152 Category : Political Science Languages : en Pages : 210
Book Description
This book analyzes United Nations (UN) interventions in the process of constitution making in states undergoing political change. It combines theoretical considerations of democracy and constitutionalism with empirical experiences and takes a critical perspective on the interventions developed by the United Nations in the processes of re-democratization. Presenting new empirical evidence on the substantive and procedural way in which the UN undertakes constitution building in Cambodia, Bosnia and Herzegovina, Afghanistan, and East Timor, the book illustrates difficulties of these practices such as the promotion of popular participation, as well as an increasing Westernization, and to meet local needs. In consequence, the authors call for reforms of the actions and structural methods the UN to better align a legitimate constitutional order with the rule of law and democratic values. This book is aimed at scholars and students of politics and law who are interested in the prerequisites and conditions for further democratization in states undergoing political transformation.
Author: Wolfgang Breyer Publisher: Taylor & Francis ISBN: 1317369939 Category : Law Languages : en Pages : 564
Book Description
The construction industry routinely operates across international borders, which means that construction professionals need to have a good understanding of how legislation in different jurisdictions might affect their work. This book is an in-depth analysis of international construction law from all the major jurisdictions of the world, alongside their relevant contract law principles, helping the reader to prepare for the complexity of an international construction project. The book begins by introducing the major families of law, before looking at individual jurisdictions. Each chapter is written by an experienced legal professional operating in that region and covers subjects such as: taking over, defects liabilities, warranties, design issues, termination, bonds and guarantees, limitation of liability, and more. The systems included are: German civil system (Germanic code) French civil system (Napoleonic code) English common law system GCC countries civil law system (with emphasis on UAE, Qatar, Saudi Arabia, and Egypt) Nordic legal system Chinese civil system Finally, the book will discuss the national standard construction contracts used in the differing legal systems and the widely used FIDIC contracts. The combination of truly international coverage with the practical insight of experienced practitioners means that this book will be invaluable to any professional involved in the construction industry including lawyers, project managers, contractors, and investors as well as academics in the field.
Author: Richard Albert Publisher: Springer ISBN: 3319951416 Category : Law Languages : en Pages : 389
Book Description
This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.
Author: Renata Furtado de Barros Publisher: Lulu.com ISBN: 1300495987 Category : Law Languages : en Pages : 501
Book Description
A ABPJD (Academia Brasileira de Produção Jurídica Discente) apresenta seu terceiro livro produzido com a colaboração de diversos profissionais da área jurídica, intitulado: "JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional". Essa obra é fruto de inúmeras pesquisas dos alunos do curso de Pós-Graduação em Direito da PUC Minas, tendo contado com a colaboração de diversos docentes e discentes de outras instituições espalhadas por todo o Brasil. Com o objetivo de facilitar a leitura, a obra foi dividida em dois volumes, sendo este o primeiro volume. O que se busca a todo momento é crer em um ordenamento jurídico mais justo e democrático, para tanto, entendemos que a hermenêutica é um caminho seguro para reflexão da aplicação das normas no Estado Democrático de Direito brasileiro. Esperamos que esse livro seja uma reflexão da hermenêutica constitucional e de seu papel na manutenção de ideais mais sólidos de Justiça e Democracia. As Organizadoras.
Author: Miguel Nogueira de Brito Publisher: Springer Nature ISBN: 3030384594 Category : Law Languages : en Pages : 185
Book Description
This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory – including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre – address these questions in a timely and original way.
Author: Luís Gonçalves da Silva
Author: Luís Gonçalves da Silva
Author: Rubens Becak
Author: Tyson Reeder
Author: Mortimer Sellers (org.)
Author: Carlos Nunes Silva
Author: Carina Barbosa Gouvêa
Author: Wolfgang Breyer
Author: Richard Albert
Author: Renata Furtado de Barros
Author: Miguel Nogueira de Brito