The Legal Protection of Rights in Australia, Matthew Groves, Janina Boughey, Dan Meagher
Автор: Martin Santisteban Название: Protection of Immovables in European Legal Systems ISBN: 1107121922 ISBN-13(EAN): 9781107121928 Издательство: Cambridge Academ Рейтинг: Цена: 19800.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: How should a landowner respond when a squatter occupies their land? Twelve case studies on factual situations provide a comparative analysis across sixteen European jurisdictions. This book offers a comprehensive discussion of the issues and explores the administrative procedures for their removal.
Undocumented and authorized immigrant laborers, female workers, workers of color, guest workers, and unionized workers together compose an enormous and diverse part of the labor force in America. Labor and employment laws are supposed to protect employees from various workplace threats, such as poor wages, bad working conditions, and unfair dismissal. Yet as members of individual groups with minority status, the rights of many of these individuals are often dictated by other types of law, such as constitutional and immigration laws. Worse still, the groups who fall into these cracks in the legal system often do not have the political power necessary to change the laws for better protection. In Marginal Workers, Ruben J. Garcia demonstrates that when it comes to these marginal workers, the sum of the law is less than its parts, and, despite what appears to be a plethora of applicable statutes, marginal workers are frequently lacking in protection. To ameliorate the status of marginal workers, he argues for a new paradigm in worker protection, one based on human freedom and rights.
Описание: It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier amongst common law jurisdictions, in having neither a statutory nor a constitutional framework to expressly protect human rights, explaining why Australia alone continues to take an apparently 'formalist, ' 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all of these claims remain just that as there has been limited detailed analysis of the issue, and no detailed comparative analysis of the claims' veracity. This book analyzes in detail administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles, including the rule of law and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights. Revised Dissertation. (Series: Hart Studies in Comparative Public Law, Vol. 16) Subject: Public Law, Human Rights Law, Comparative Law, Administrative Law
Описание: This edited collection brings together research from a range of substantive areas of law that share a common interest in understanding the multi-layered challenges of defining legal certainty in the context of legal and political modernity. The principle of legal certainty-the view that the law must be sufficiently certain to provide those subject to legal norms with the resources to regulate their own conduct and to provide a layer of protection against the arbitrary use of public power-has functioned as a fundamental rule of law value and as a normative ideal that has structured legal debates, both at the national and international level. In recent years, however, legal certainty has come under renewed pressure from a number of historically new and competing demands that are made of law: for example, the expectation that the law be more responsive to a social environment characterized by rapid economic and technological change; or the marked trend, across most major jurisdictions, towards increasing the degree and scope of discretion afforded to regulators in the fields of business and market regulation-the so-called 'responsive regulation'; or the challenges posed by indices, such as the World Bank's Doing Business Report and the Index of Legal Certainty, which apply metric tools to rank a country's performance with the ultimate aim to reduce the 'regulatory burden' of doing business, and to prove the virtues of their respective models. These, and other, developments raise difficult, but interesting, questions regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. This book aims to address these issues by bringing together scholars from various jurisdictions to examine changes in the shifting meaning of legal certainty.The book will be of interest both to lawyers and academics interested in understanding the transformation of core rule of law values in the context of contemporary social change, as well as political scientists and social theorists. Subject: Comparative Law, Company Law, Commercial Law, Legal Philosophy]
Автор: Lulf Название: Conflict Displacement and Legal Protection ISBN: 1138326836 ISBN-13(EAN): 9781138326835 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book brings together the three relevant fields of international and regional law: Analysing the role of the 1951 Refugee Convention, the European Union`s Recast Qualification Directive and the European Convention on Human Rights.
Автор: Arnardottir Oddny Mjoll Название: Shifting Centres of Gravity in Human Rights Protection ISBN: 113812124X ISBN-13(EAN): 9781138121249 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-a-vis the Contracting States.
Автор: Cremer Hans Joachim Название: Human Rights and the Protection of Privacy in Tort Law ISBN: 0415695597 ISBN-13(EAN): 9780415695596 Издательство: Taylor&Francis Рейтинг: Цена: 7654.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book considers how English courts could use and adapt structures adopted by the German legal order in response to rulings from the European Court of Human Rights on Article 8 of the European Convention of Human Rights, to strengthen the protection of privacy in the private sphere.
Автор: Brewer-Car?as Название: Constitutional Protection of Human Rights in Latin America ISBN: 1107677939 ISBN-13(EAN): 9781107677937 Издательство: Cambridge Academ Рейтинг: Цена: 8395.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceedings. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention on Human Rights.
Описание: This book investigates and analyses models of protecting economic, social and cultural rights in Africa, examining domestic, sub-regional and regional arrangements and the jurisprudence that these models have generated since the 1990s. The chapters are written by leading legal academics with a wealth of experience within Africa`s legal systems.
Описание: The book gives insightinto the structures and developments of the fundamental rights protection inEurope which is effective at the levels of the national Constitutions, theEuropean Convention of Human Rights and, for the EU member States of the EUFundamental Rights Charter. The contributions of renowned academics fromvarious European countries demonstrate the functional interconnection of theseprotection systems which result in an increasing convergence. Basic questionsare reflected, such as human dignity as foundation of fundamental rights orpositive action as a specific form of equality as well as the concept of rightsconvergence. In this latter contribution the forms of direct reception of adifferent legal order and of the functional transfer of principles and conceptsare analyzed. Particular reference is made to the EU Charter, the UnitedKingdom Human Rights Act as well as to France and Germany. It becomes obvioushow important interpretation is for the harmonization of national andconventional fundamental rights protection. Traditional institutionalapproaches like the dualist transformation concept in Germany are functionallyset aside in the harmonization process through constitutional interpretation. Specificstudies are dedicated to the field of the EU Fundamental Rights Charter and to theEuropean impacts on the national fundamental rights protection in selectedcountries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.
Автор: Chirwa Danwood Mzikenge Название: Protection of Economic, Social and Cultural Rights in Africa ISBN: 1316625869 ISBN-13(EAN): 9781316625866 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book investigates and analyses models of protecting economic, social and cultural rights in Africa, examining domestic, sub-regional and regional arrangements and the jurisprudence that these models have generated since the 1990s. The chapters are written by leading legal academics with a wealth of experience within Africa`s legal systems.
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