Article 47 of the EU Charter and Effective Judicial Protection, Volume 2: The National Courts` Perspectives, Giulia Gentile, Mariolina Eliantonio, Matteo Bonelli
Автор: Pollicino, Oreste, Название: Judicial protection of fundamental rights on the internet : ISBN: 1509947221 ISBN-13(EAN): 9781509947225 Издательство: Bloomsbury Academic Рейтинг: Цена: 6968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. In doing so, it seeks to bridge the gap between Internet Law and European and Constitutional Law. The book aims to emancipate the debate on internet law and jurisprudence from the dominant position, with specific reference to European legal regimes.
This approach aims to inject a European and constitutional "soul" into the topic. Moreover, the book addresses the relationship between new technologies and the protection of fundamental rights within the theoretical debate surrounding the process of European integration, with particular emphasis on judicial dialogue. This innovative book provides a thorough analysis of the forms, models and styles of judicial protection of fundamental rights in the digital era and compares the European vision to that of the United States.
The book offers the first comparative analysis in which the notion of (judicial) frame, borrowed from linguistic and cognitive studies, is systematically applied to the theories of interpretation and argumentation. With a Foreword by Robert Spano, President of the European Court of Human Rights.
Описание: Part I: Rule of Law and Judicial Control of Power.- Chapter 1. Constitution and Judicial Review: Comparative Analysis.- Chapter 2. On the Jurisdictional Control of Acts of the Goverment of Romania.- Chapter 3. Judicial Control of Public Power in Poland.- Chapter 4. To Be, or Not to Be, That Is the Question. The Process of Unconstitutionality Like an Abstract Judicial Review at the Peruvian Constitution.- Chapter 5. Judicial Review and Public Power in Kenya: Revisiting Judicial Response to Select Political Cases.- Chapter 6. Direct Participation of the People in Public Power - Advantages and Disadvantages of a Referendum, Croatian and European Perspective.- Chapter 7. The Role of Civil Society in the Control of Public Power.- Chapter 8. Basic Features of the Constitutional System in Kosovo.- Chapter 9. Role of the Constitutional Justice in Controlling the Balance between State Powers in the Republic of Moldova.- Chapter 10. Judicial Control of Public Power as Legal Instrument for Protection of Human Rights and Fundamental Freedoms in Ukraine.- Part II: Judicial Control, Its Effects and Limits.- Chapter 11. Respect for Judicial Precedent as a Limit on the Exercise of Public Power.- Chapter 12. Reception of the Proportionality Test by Chilean Scholars: A Critical Analysis.- Chapter 13. Constitutional Tribunals' Judicial Control of Public Power in Poland.- Chapter 14. The Margin of Appreciation of the Albanian Constitutional Court on the Constitutionality of Emergency Decrees of Executive Power.- Chapter 15. The Project of Constitutional Reform in Austria.- Part III: Human Rights and Judicial Control.- Chapter 16. Consensus and the Intensity of Judicial Review in the European Court of Human Rights.- Chapter 17. The Jurisdiction on the Social Rights: A Conflict between the Courts and Public Power in the Italian Legal System.- Chapter 18. Depreciation of State Sovereignty at the Turn of the 21st Century.- Chapter 19. The International Criminal Court as an International Judicial Control of the National Public Power? (The ICC's Standpoint on the Complementarity Principle in the Prosecutor v. Simone Gbagbo Case).- Chapter 20. Judicial Review of EU Legislation as an Instrument to Ensure Constistency of National and EU Law.- Chapter 21. The Relationship Between Positive Obligations of Incrimination Under the ECHR and the Constitutional Principle of Legality in Criminal Matters in the Italian Legal System.- Chapter 22. Role of the European Court of Human Rights in the Turkish Constitutional Court's Rulings Regarding the Freedom of Association.- Chapter 23. Beyond the Judicial Control of Public Power: The Horizontal Effects of Human Rights in Chile.
Описание: An essential companion to any practitioner and academic working with human rights law, in particular the European Convention on Human Rights. Article 13 ECHR is the most important provision on remedies in the European context. Remedies have significant consequences for how any human right is secured and enforced.
Описание: This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. Drawing on Greek mythology and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indon
Описание: Courts of Appeals were designed to be a unifying force in American law and politics, but they also contribute to decentralization and regionalization of federal law. Woodford Howard studies three aspects of this problem: first, what binds the highly decentralized federal courts into a judicial system; second, what controls the discretion of judges
Описание: In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture,Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The ‘Quartet’ is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review.
These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.
Автор: Zsofia Varga Название: The Effectiveness of the Kobler Liability in National Courts ISBN: 1509939199 ISBN-13(EAN): 9781509939190 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Over the last 15 years, Kцbler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Kцbler judgment in the Member States?
This book offers a unique analysis of the principle - not from the usual EU-focused point of view but from the view of the practical Member State - and thus follows the track set by earlier books in the 'EU Law in the Member States' series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Kцbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts.
After the pronouncement of the ECJ judgment in Kцbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Kцbler liability in the Member States.
Автор: Albert H. Y. Chen, Andrew Harding Название: Constitutional Courts in Asia: A Comparative Perspective ISBN: 1316646661 ISBN-13(EAN): 9781316646663 Издательство: Cambridge Academ Рейтинг: Цена: 6019.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A comparative, critical analysis of constitutional courts and constitutional review in Asia, appealing to those who are interested in comparative constitutional law, comparative politics, and Asian studies, particularly from the point of view of human rights, democracy, legal systems, the Rule of Law, constitutional adjudication and governance.
Описание: Examines how national legal systems resolve conflicts between international law and fundamental principles of domestic law. Drawing on nineteen detailed country studies, the national practices of an array of legal systems are analysed and assessed, highlighting the implications for the principle of supremacy of international law.
Автор: Petersen Niels Название: Proportionality and Judicial Activism ISBN: 131663082X ISBN-13(EAN): 9781316630822 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book analyses the predominant tool of fundamental rights review in the world - the proportionality test. An empirical and comparative analysis of courts in Canada, Germany and South Africa, it shows that courts avoid using proportionality as a means to make policy through legal decision making.
Автор: Saul Matthew Название: International Human Rights Judiciary and National Parliament ISBN: 110718374X ISBN-13(EAN): 9781107183742 Издательство: Cambridge Academ Рейтинг: Цена: 19483.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The authors examine the interplay between national parliaments and the international human rights judiciary. They provide a vital new source of information for scholars of law, political science and philosophy, and offer legal officials and policymakers insights into advancing relations between national and international levels of human rights protection.
Описание: The book will benefit public law scholars, political scientists, judges and lawyers interested in the six countries analysed in the book, as well as those from other countries in which proportionality is practiced or is emerging. The analyses of specific cases and the empirical data provide a rich basis for comparative insights.
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