Legal Certainty in Multilingual EU Law, Paunio, Elina
Автор: Nupur Chowdhury Название: European Regulation of Medical Devices and Pharmaceuticals ISBN: 3319353217 ISBN-13(EAN): 9783319353210 Издательство: Springer Рейтинг: Цена: 13974.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: One of the primary functions of law is to ensure that the legal structure governing all social relations is predictable, coherent, consistent and applicable. Taken together, these characteristics of law are referred to as legal certainty. In traditional approaches to legal certainty, law is regarded as a hierarchical system of rules characterized by stability, clarity, uniformity, calculable enforcement, publicity and predictability. However, the current reality is that national legal systems no longer operate in isolation, but within a multilevel legal order, wherein norms created at both the international and regional level are directly applicable to national legal systems. Also, norm creation is no longer the exclusive prerogative of public officials of the state: private actors have an increasing influence on norm creation as well. Social scientists have referred to this phenomenon of interacting and overlapping competences as multilevel governance. Only recently have legal scholars focused attention on the increasing interconnectedness (and therefore the concomitant loss of primacy of national legal orders) between the global, European and national regulatory spheres through the concept of multilevel regulation. In this project the author uses multilevel regulation as a term to characterize a regulatory space in which the process of rule making, rule enforcement and rule adjudication (the regulatory lifecycle) is dispersed across more than one administrative or territorial level and amongst several different actors, both public and private. The author draws on the concept of a regulatory space, using it as a framing device to differentiate between specific aspects of policy fields. The relationship between actors in such a space is non-hierarchical and they may be independent of each other. The lack of central ordering of the regulatory lifecycle within this regulatory space is the most important feature of such a space. The implications of multilevel regulation for the notion of legal certainty have attracted limited attention from scholars and the demand for legal certainty in regulatory practice is still a puzzle. The book explores the idea of legal certainty in terms of the perceptions and expectations of regulatees in the context of medical products – specifically, pharmaceuticals and medical devices, which can be differentiated as two regulatory spaces and therefore form two case studies. As an exploratory project, the book necessarily explores new territory in terms of investigating legal certainty first in terms of regulatee perceptions and expectations and second, because it studies it in the context of multilevel regulation.
Описание: This book provides a comparative analysis of the legal frameworks of six Latin American central banks to determine whether there is legal certainty regarding central bank autonomy.
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: ?vila Название: Certainty in Law ISBN: 3319334069 ISBN-13(EAN): 9783319334066 Издательство: Springer Рейтинг: Цена: 20962.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Instead of the usualapologetic treatment found in legal doctrine, linked to the determinacy,immutability or predictability of norms, this book treats legal certaintyinnovatively, holistically and in depth. Using a method at once analytical andfunctional, Professor ?vila examines the structural elements of legalcertainty, from its definition and foundations to its various dimensions,normative forces and efficacies, citing a wealth of examples from case law tosupport each of the theses defended.Nosubject is more important and topical than legal certainty. Problems relatingto lack of understanding, instability and unpredictability of law intensify dayby day everywhere, in civil law and common law countries alike. Normativesources are increasingly diverse in origin (national, international, community)and multiple in nature (legal, contractual, jurisprudential). They changeconstantly, and present increasingly frequent problems of ambiguity andvagueness that significantly hinder their comprehension. This state of affairs,which to a greater or lesser extent is true of any legal order, justifies areturn to the subject of legal certainty. In this book, essential questions areanswered such as: Legal certainty in what sense? Certainty of what, for whom,in whose vision and by whom? When, to what extent, and to what end?“(…) it is probably themost comprehensive and systematic study ever produced on this subject using theanalytical method.” (Riccardo Guastini, Professor of Jurisprudence, Universityof Genoa, Italy)
Автор: Mattu Gurdeep Название: Institutional Translation for International Governance ISBN: 1474292291 ISBN-13(EAN): 9781474292290 Издательство: Bloomsbury Academic Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This volume provides a state-of-the-art overview of institutional translation issues related to the development of international law and policies for supranational integration and governance. These issues are explored from various angles in selected papers by guest specialists and findings of a large-scale research project led by the editor.
Focus is placed on key methodological and policy aspects of legal communication and translation quality in a variety of institutional settings, including several comparative studies of the United Nations and European Union institutions. The first book of its kind on institutional translation with a focus on quality of legal communication, this work offers a unique combination of perspectives drawn together through a multilayered examination of methods (e.g. corpus analysis, comparative law for translation and terminological analysis), skills and working procedures. The chapters are organized into three sections: (1) contemporary issues and methods; (2) translation quality in law- and policy-making and implementation; and (3) translation and multilingual case-law.
Автор: Paunio, Elina Название: Legal Certainty in Multilingual EU Law ISBN: 1409438619 ISBN-13(EAN): 9781409438618 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Поставка под заказ.
Автор: Chowdhury, Nupur Название: European regulation of medical devices and pharmaceuticals ISBN: 3319045938 ISBN-13(EAN): 9783319045931 Издательство: Springer Рейтинг: Цена: 19564.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: One of the primary functions of law is to ensure that the legal structure governing all social relations is predictable, coherent, consistent and applicable. Taken together, these characteristics of law are referred to as legal certainty. In traditional approaches to legal certainty, law is regarded as a hierarchical system of rules characterized by stability, clarity, uniformity, calculable enforcement, publicity and predictability. However, the current reality is that national legal systems no longer operate in isolation, but within a multilevel legal order, wherein norms created at both the international and regional level are directly applicable to national legal systems. Also, norm creation is no longer the exclusive prerogative of public officials of the state: private actors have an increasing influence on norm creation as well. Social scientists have referred to this phenomenon of interacting and overlapping competences as multilevel governance. Only recently have legal scholars focused attention on the increasing interconnectedness (and therefore the concomitant loss of primacy of national legal orders) between the global, European and national regulatory spheres through the concept of multilevel regulation. In this project the author uses multilevel regulation as a term to characterize a regulatory space in which the process of rule making, rule enforcement and rule adjudication (the regulatory lifecycle) is dispersed across more than one administrative or territorial level and amongst several different actors, both public and private. The author draws on the concept of a regulatory space, using it as a framing device to differentiate between specific aspects of policy fields. The relationship between actors in such a space is non-hierarchical and they may be independent of each other. The lack of central ordering of the regulatory lifecycle within this regulatory space is the most important feature of such a space. The implications of multilevel regulation for the notion of legal certainty have attracted limited attention from scholars and the demand for legal certainty in regulatory practice is still a puzzle. The book explores the idea of legal certainty in terms of the perceptions and expectations of regulatees in the context of medical products – specifically, pharmaceuticals and medical devices, which can be differentiated as two regulatory spaces and therefore form two case studies. As an exploratory project, the book necessarily explores new territory in terms of investigating legal certainty first in terms of regulatee perceptions and expectations and second, because it studies it in the context of multilevel regulation.
Автор: J. Raitio Название: The Principle of Legal Certainty in EC Law ISBN: 9048162645 ISBN-13(EAN): 9789048162642 Издательство: Springer Рейтинг: Цена: 35218.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The intertwinement of EC law and national law may create unforeseeability in situations where EC law invades the national cases. What is the relationship between legal certainty, rule of law, various general principles and human rights?
Название: Indirect judicial review in administrative law ISBN: 0367758571 ISBN-13(EAN): 9780367758578 Издательство: Taylor&Francis Рейтинг: Цена: 18374.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides a comparative analysis of the concept and concrete application of the system of indirect review of administrative action. The work explores whether the system of indirect review is a suitable remedy for modern administrative justice, assessing if it fairly balances the legality and the legal certainty principles.
Автор: Mark Fenwick; Stefan Wrbka Название: Legal Certainty in a Contemporary Context ISBN: 981100112X ISBN-13(EAN): 9789811001123 Издательство: Springer Рейтинг: Цена: 13974.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Shifting Meaning of Legal Certainty (Mark Fenwick and Stefan Wrbka).- Part I - Perspectives from Private Law.- Comments on Legal Certainty from the Perspective of European, Austrian and Japanese Private Law (Stefan Wrbka).- Intellectual Property, Private Ordering and Legal Certainty(Branislav Hazucha).- Considerations on the Transnationality of International Commercial Arbitration Awards in the Context of the Demand for Legal Certainty (Jason D. Hitch).- The Notion of Consumer under EU Legislation and EU Case Law: Between the Poles of Legal Certainty and Flexibility (Jakob S ren Hedegaard and Stefan Wrbka).- Legal Certainty and Trusts in China (Zhen Meng).- Part II - Perspectives from Criminal Law.- Multilingual Norms in European Criminal Law (Georg C. Langheld).- Empirical Judgement in Criminal Proceedings (Sebastian Stehle).- The Multiple Uncertainties of the Corporate Criminal Law (Mark Fenwick).- Types of offenders - A Criminological Perspective in Historical Contexts (Kathrin Hцffler).- International Criminal Law as a Means to Fight the 'Hostes Humani Generis'? - On the Dangers of the Concept of Enemy Criminal Law (Andreas Werkmeister).
Описание: This book provides a comparative analysis of the legal frameworks of six Latin American central banks to determine whether there is legal certainty regarding central bank autonomy.
The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.
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