Описание: The book explores, from a comparative and inter-disciplinary perspective, the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’. It discusses the different models of ‘horizontal effect’ and the impact that fundamental rights may have in shaping tort law, especially the position of child tortfeasors. The book concentrates on several European jurisdictions, namely France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. At a crossroad between human rights and European private law, this study draws insights from several legal fields (international, European, tort, constitutional and child law), sociology, psychology, and feminist studies. It also considers policy implications and advances proposals which would ensure the optimisation of the effect, and maximisation of the effectiveness, of fundamental rights in tort law, and more generally in private law. This book departs from traditional legal doctrines and offers a more pragmatic, comprehensive and just legal analysis of the role of fundamental rights in private law. It will be of interest to undergraduate and postgraduate students, academics, practitioners, policy-makers and activists with an interest in human rights, tort law, comparative law, children’s rights and European private law.
Автор: Harrington Название: Reforming Regulatory Impact Analysis ISBN: 1933115750 ISBN-13(EAN): 9781933115757 Издательство: Taylor&Francis Рейтинг: Цена: 5511.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Over the years, considerable debate has emerged surrounding the use of cost-benefit analysis (CBA) to analyze and make recommendations for environmental and safety regulations. This work analyzes the use of CBA in three case studies: the Clean Air Interstate Rule, the Clean Air Mercury Rule, and the Cooling Water Intake Structure Rule (Phase II).
Описание: Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law. The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became part of EU responses to the eurozone crisis and the EU has proposed harmonisation of individual insolvency law to promote entrepreneurialism. This book examines the extent to which these developments represent an emerging international commonsense about personal insolvency and its relationship to neo-liberalism. Finally, this book discusses whether the international emergence of individual personal insolvency law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.
Автор: Miroslaw Granat, Katarzyna Granat Название: The Constitution of Poland: A Contextual Analysis ISBN: 1509913947 ISBN-13(EAN): 9781509913947 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book focuses on the Polish Constitution of 1997, concentrating on its structure, its substance and some of the institutional choices made by the drafters. The core of the Constitution is similar to other liberal democratic constitutions, but, in addition, regulates a number of issues, such as public finances and sources of law, that are new to Polish constitutionalism and to constitutionalism in general. It considers in a detailed manner certain institutional choices made in the Constitution, such as the bicameral parliament, the peculiar structure of the executive branch, as well as the principles of independence and impartiality of the judiciary, fundamental rights and local government. Offering a contextual analysis, the book discusses the main philosophical ideas and value systems that influenced the drafters of the Constitution in the early 1990s. The authors argue that the value choices made reflect a compromise between the main political forces of the period. For instance, the Constitution invokes and balances multiple political, social and historic values, such that none is minimalized or excluded. This inclusive approach is especially visible in the preamble to the Constitution. Moreover the broad, modern catalogue of freedoms and rights in the Constitution reflect similar axiological concerns, anchoring human rights in the concept of human dignity. It is a vital resource for all those interested in Poland's constitution, and the rich comparative constitutional insights the country offers.
Описание: This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid. Subject: Criminal Law, Public Law, Asylum Law, Refugee Law, Human Rights, Comparative Law]
Автор: Matthew Groves, Janina Boughey, Dan Meagher Название: The Legal Protection of Rights in Australia ISBN: 150991983X ISBN-13(EAN): 9781509919833 Издательство: Bloomsbury Academic Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: How do you protect rights without a Bill of Rights? Australia does not have a national Bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced in common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position - that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection - to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. The book shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.
Описание: The objective of this work is to understand the evolutionary process of economic and legal policies that brought international regime of private property rights over the common property resources, especially seeds and plant varieties. Unbalanced model of development would increase disparity in income and impact agricultural infrastructure development and environment sustainability. Though materialization of farmers' rights was fulfilled by a compromise arrived at between NGOs and Industry together, there are several grey areas both at the conceptual and the procedural levels that subordinate rights of farmers in reality. This monograph analyzes the impact of legal policy reforms during 'second green revolution' phase on farmers' customary rights and livelihood, particularly in the context of the extension of private property rights to plant varieties and seeds and migration of cultivators to the cities.
Автор: Maartje de Visser Название: Constitutional Review in Europe: A Comparative Analysis ISBN: 1849463859 ISBN-13(EAN): 9781849463850 Издательство: Bloomsbury Academic Рейтинг: Цена: 22176.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book offers a comprehensive, comparative analysis of how 11 representative European countries tackle the questions of who (should) uphold(s) the Constitution and how constitutional review is organised.
Автор: Maartje de Visser Название: Constitutional Review in Europe: A Comparative Analysis ISBN: 1849469717 ISBN-13(EAN): 9781849469715 Издательство: Bloomsbury Academic Рейтинг: Цена: 6018.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book offers a comprehensive, comparative analysis of how 11 representative European countries tackle the questions of who (should) uphold(s) the Constitution and how constitutional review is organised.
Описание: Since 1979 the world has witnessed a remarkable cycle of individual bankruptcy law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. Differences exist between European systems in terms of access criteria, institutional frameworks, financing and discharge conditions. What explains these differences within Europe and those between Europe and the US? This book draws on insights from historical institutionalism to illustrate the role of timing, path dependency and unintended consequences in the development of individual bankruptcy law. The book presents case studies of individual bankruptcy law in the US, France, Sweden and England and Wales. It analyses how, following the Great Recession of 2008, international financial institutions identified the significance of household debt and individual bankruptcy for financial architecture. The EU imposed individual bankruptcy reform on certain Member States, and proposed bankruptcy harmonisation to promote individual entrepreneurialism. The book examines the likelihood of greater convergence on an EU individual bankruptcy paradigm, and how this fits conceptions of neo-liberalism and the social market. Finally, the book discusses whether the international emergence of individual bankruptcy law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.
Описание: Using unique field research from across Asia, this book examines the real markets of illicit products that breach intellectual property rights (IPR).
Автор: Marta Otto Название: The Right to Privacy in Employment: A Comparative Analysis ISBN: 1509927905 ISBN-13(EAN): 9781509927906 Издательство: Bloomsbury Academic Рейтинг: Цена: 6018.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: At the beginning of the twenty-first century the term ‘privacy’ gained new prominence around the world, but in the legal arena it is still a concept in ‘disarray’. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees’ privacy. The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees’ privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.
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