The Constitutional Dimension of Contract Law: A Comparative Perspective, Siliquini-Cinelli Luca, Hutchison Andrew
Автор: Luca Siliquini-Cinelli; Andrew Hutchison Название: The Constitutional Dimension of Contract Law ISBN: 3319498428 ISBN-13(EAN): 9783319498423 Издательство: Springer Рейтинг: Цена: 19564.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The Impact of Human Rights on English Contract Law by Franзois du Bois.- Is All Fair in War Against Unhealthy and Unsustainable Lifestyles? The Right to Privacy vs. Modern Technology in Consumer Contracts byJoasia Luzak.- The Influence of Constitutional law on French Contract law. The Development of the Control of Proportionality in Case of an Infringement of a Fundamental Right by Contract by Jean-Baptiste Seube.- The Role of the General Principle of the Prohibition of Abuse of Rights in the Enforcement of Human Rights in Contract Law: A Belgian Law Perspective by Annekatrien Lenaerts.- Crystal and Mud Contracts: The Theory of Contract and the Ontology of Values by Pier Giuseppe Monateri.- Decolonising South African Contract Law: An Argument for Synthesis by Andrew Hutchison.- Curbing the Abuse of a Dominant Position through Unfair Contract Terms Legislation: Australian and UK Comparison by Philip H. Clarke.- The Influence of Constitutional Law in German Contract Law: Good Faith, Limited Party Autonomy in Labour Law and Control of Contractual Terms by Bйatrice Schьtte.- Agreements on Personality Rights in the Portuguese Legal System by Elsa Dias Oliveira.- The Constitutional Aspect of Canadian Contract law byNicolas Lambert.- Reflections on the Pactum in the Liberal Global Age by Luca Siliquini-Cinelli.
Автор: Ray Название: Engaging with Social Rights ISBN: 1107029457 ISBN-13(EAN): 9781107029453 Издательство: Cambridge Academ Рейтинг: Цена: 17424.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A new, comprehensive account of the South African Constitutional Court`s social rights decisions that argues that the Court`s procedural enforcement approach has had significant, underappreciated effects in spite of its substantive limits and could make state institutions more responsive to the needs of poor communities.
Описание: A new, comprehensive account of the South African Constitutional Court`s social rights decisions that argues that the Court`s procedural enforcement approach has had significant, underappreciated effects in spite of its substantive limits and could make state institutions more responsive to the needs of poor communities.
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: This open access book provides the first-ever comparative study on criminal policy concerning the illicit trade of tobacco, conducted among four comparatively new EU Member States (Lithuania, Poland, Slovakia and Romania) and two "old" EU countries (Germany and Italy).
Описание: This second volume on the constitutional dimension of contract law explores this increasingly relevant subject in jurisdictions that are usually overlooked by mainstream scholarship in the English-speaking world.
Автор: Lai Amy Название: Right To Parody ISBN: 1108427383 ISBN-13(EAN): 9781108427388 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The author argues that parody, in addition to being an increasingly recognized defense to copyright infringement, is a human right. Written in non-specialist language, this book will appeal to both scholars and general readers interested in intellectual property, constitutional law, and free speech advocacy.
Название: Constitutional triumphs, constitutional disappointments ISBN: 110840118X ISBN-13(EAN): 9781108401180 Издательство: Cambridge Academ Рейтинг: Цена: 6651.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Exploring whether the aspirations of the 1996 South African Constitution have been realized, and what other countries are learning from the South African experience, this book will appeal to anyone interested in South Africa`s post-apartheid Constitution, either on its own terms or from a comparative perspective.
Автор: Annamaria La Chimia, Christopher Yukins, Luke Butler, Sue Arrowsmith Название: Public Procurement in (a) Crisis: Global Lessons from the COVID-19 Pandemic ISBN: 150994303X ISBN-13(EAN): 9781509943036 Издательство: Bloomsbury Academic Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This timely book provides the first systematic analysis of global public procurement regulation and policy during and beyond the COVID-19 pandemic.
Through both thematic chapters and national case studies, this book: - explores the adequacy of traditional legal frameworks for emergency procurement; - examines how governments and international organisations have responded specifically to the pandemic; and - considers how the experience of the pandemic and the political impetus for reform might be leveraged to improve public procurement more broadly.
Public procurement has been critical in delivering vital frontline public services both in the health sector and elsewhere, with procurement of ventilators, protective equipment and new hospitals all hitting the headlines. At the same time, procurers have faced the challenge of adjusting existing contracts to a new reality where, for example, some contracted services can no longer operate. Further, efficient and effective procurement will be an essential, and not a luxury, in the economic recovery.
With case studies on Italy, the UK, the USA, India, Singapore, Africa, Latin America and China, the book brings together the world's leading academics and practitioners from across Europe, the Americas, Asia and Africa to examine these issues, providing an essential resource for policy makers, legislators, international organisations and academics
Описание: This book makes a significant contribution to the ongoing global conversations on the various understandings of equality. It illuminates the many ways in which diverse equality guarantees clash, or are interrelated. It also sets out principled approaches on how they can be coherently interpreted to address the myriad inequalities in Kenya.
Taking a comparative approach, the book considers how other jurisdictions including the United States, United Kingdom, Canada, South Africa, India and Botswana have approached the conceptualisation, interpretation and application of various equality concepts.
The book focuses on important issues such as: - transformative constitutionalism in relation to the interpretation of Kenya's 2010 Constitution; - expanding the list of enumerated grounds for non-discrimination; - affirmative action; - accommodating religious and cultural diversity versus gender equality; - the interrelation between socio-economic rights and status-based equality
Описание: This book considers how legislatures have undermined the presumption of innocence and how courts have largely accepted it. It argues criminal law needs to return to notions of moral comfort as the basis for determining whether a person is guilty, and only impose criminal sanctions when there is sufficient, moral blame.
Автор: Benedetta Barbisan, Cesare Pinelli, Giuliano Amato Название: Rule of Law vs Majoritarian Democracy ISBN: 150993684X ISBN-13(EAN): 9781509936847 Издательство: Bloomsbury Academic Рейтинг: Цена: 17424.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds?
Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation.
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