Download or read book General Principles and Sector Specific Rules in European Administrative Laws written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2024-07-04 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the field of administrative law, there is no systematic body of rules similar to those characteristic of European civil codes. General principles are therefore of fundamental importance. This volume - the sixth in the series concerning the common core of European administrative laws - explores this importance through two strands. Firstly, it examines in detail the relationship between general principles of law, such as due process, and sector-specific rules established by legislative and regulatory provisions, for example in licensing and disciplinary matters. Several questions about the nature of general principles emerge through this analysis. Are general principles about filling gaps? Or do they have a foundational role because they give meaning to the values that are shared by European legal systems, such as respect for the rule of law and for fundamental rights? Secondly, this volume also explores the interaction between commonality and diversity in European administrative law. It considers whether there are shared standards of administrative conduct, including the duty to give reasons, or if there are fundamental differences with regard to non-European legal systems, such as that of China and Venezuela. These questions are investigated through factual analysis, based on a set of hypothetical cases, which are discussed by national experts. This book then scrutinizes these questions to determine how commonality and diversity have extended and interact with one another, within and across legal systems, both diachronically and synchronically, over the course of a century. It shows that there are both unexpected areas of agreement between the European legal systems, notably concerning the right to be heard (expressed by the maxim audi alteram partem) and the duty to give reasons, and there are also areas of disagreement, for example as far as the right to remain silent vis ? vis the administration (that is, nemo tenetur se detegere) is concerned.

Download or read book The Common Core of European Administrative Laws written by Giacinto della Cananea and published by BRILL. This book was released on 2023-07-24 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though European administrative laws have gained global significance in the last few decades, research which provides both theoretical analysis and original empirical research has been scarce. This book offers an important account of the evolution of judicial review and administrative procedure legislation, using a factual analysis to shed light on how the different legal systems react to similar problems. Discussing the concept of a ‘common core’, Giacinto della Cananea reveals the commonalities in, and differences between, the foundational assumptions of European administrative adjudication and rule-making.

Download or read book Constitutional Courts Media and Public Opinion written by Angioletta Sperti and published by Bloomsbury Publishing. This book was released on 2023-11-16 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how constitutional courts have transformed communication and overcome their reluctance to engage in direct dialogue with citizens. How has the information revolution affected the relationship of constitutional courts with the public and the media? The book looks in detail at the communication strategies of the US Supreme Court, the Supreme Court of Canada, and in Europe the German Federal Constitutional Tribunal, the French Conseil Constitutionnel and the Italian Constitutional Court, arguing that when it comes to the relationship between courts and the media, different jurisdictions share many similarities. It focuses on the consequences of the communication revolution of courts both in terms of their relationship with public opinion and of the legitimacy of judicial review of legislation. Some constitutional courts have attracted criticism by engaging in proactive communication and, therefore, arguably yielding to the temptation of public support. The book argues that objections to the developing institutional communications employed by courts come from a preconceived notion of public opinion. It considers the burden the communication revolution has placed on constitutional courts to achieve a balance between transparency and seclusion, proximity and distance from public opinion. It puts forward important arguments for how this balance can be achieved. The book will interest scholars in constitutional law and public comparative law, sociologists, historians, political scientists, and scholars of media law and communication studies.

Download or read book The Austrian Codification of Administrative Procedure written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2023-02-28 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the development of administrative law in Europe owes much to Austria, not only because its Administrative Court was one of the first to define and refine general principles, such as legality, due process and general interest, but also because in 1925 Austria adopted a general law of administrative procedure, which had important consequences for other legal systems. The book follows two themes. The first is the Austrian codification of administrative procedure itself. The second is the spread of Austrian ideas and institutions to some neighbouring countries. From the first point of view, the book points out the various factors that favoured the adoption of administrative procedure legislation and the reception of the model of review. In this respect, the book is enriched by the English translation of the Austrian general act of 1925. From the other viewpoint, the book deviates from the standard accounts whereby the Austrian codification had some influence on its closest neighbours, including Poland, Czechoslovakia and Yugoslavia; first, because it compares their legislative provisions, as well as their durability, notwithstanding drastic political changes, when these countries fell under Soviet rule; second, because it does not limit itself to the concept of 'influence', arguing that there was a 'diffusion' of general administrative procedure legislation; thirdly, because it examines why the major administrative systems of continental Europe, such as France, Germany and Italy, did not adopt administrative procedure legislation. The book thus provides an unprecedented outlook on the emergence of an increasing common core regarding administrative procedure.

Download or read book Cours de droit administratif 2023 written by Pierre Brunet (juriste).) and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Peacetime Unilateral Remedies An Analysis of Countermeasures written by Elisabeth Zoller and published by BRILL. This book was released on 2023-10-09 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published under the Transnational Publishers imprint.

Download or read book After Kant written by Michael Sonenscher and published by Princeton University Press. This book was released on 2023-07-11 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A reflection on the legacy of money, law, and history in modern political thought"--

Download or read book Global Contract Law in the Middle East and North Africa written by Mohamed Ismail and published by Taylor & Francis. This book was released on 2024-08-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehensively covers the interplay between cultural and legal globalization and the impact this has on contract law, with a particular focus on state contracts within the MENA region. The book discusses the roles assumed by Supreme Courts in Egypt and MENA countries in creating unified principles of international contract law in states’ contracts which are consistent with international commercial contracts’ principles. It makes a powerful argument for further harmonization of contract law in the area, and how this can be achieved. The book forms a case study of how international harmonization can be achieved through a number of routes, such as codification, digitalization of processes and contracts, private-public arbitration, and further use of international instruments. It also considers the implications of comparative European law, convention law, and other legal domains, particularly international standards, on contract law in the MENA region. The book suggests how international legal standards can be integrated within contract law, and how a harmonious contract law framework can thus be achieved. Through analyzing ICSID case law, the book argues that unification of contract law principles in the MENA region is a considerable step towards achieving legitimate expectations of foreign investors. It argues, further, that global contract law is underway. The book will be is of interest to students and scholars in the field of international contract law, public law, and international law in Egypt and MENA countries.

Download or read book Aanwinsten van de Centrale Bibliotheek Queteletfonds written by Bibliothèque centrale (Fonds Quetelet) and published by . This book was released on 1992 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Rejecting Retributivism written by Gregg D. Caruso and published by Cambridge University Press. This book was released on 2021-04-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.

Download or read book The International Legal Order in the XXIst Century L ordre juridique international au XXIeme si cle El rden jur dico internacional en el siglo XXI written by Jorge E. Viñuales and published by BRILL. This book was released on 2023-11-13 with total page 1083 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays celebrating the work of Professor Marcelo Kohen brings together the leading scholars and practitioners of public international law from different continents and generations to explore some of the most challenging issues of contemporary international law. The volume is a testimony of esteem and friendship from colleagues and former students, and it covers a vast expanse, reflecting the width and diversity of Professor Kohen’s own contribution. Written in English, French and Spanish, the essays in this volume will appeal to a broad public of academics, practitioners and students of international law from around the world.

Download or read book Public Law in a Troubled Era written by Katarzyna Gromek-Broc and published by Kluwer Law International B.V.. This book was released on 2023-07-14 with total page 761 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public law, which examines relations between governments and institutions and individuals, has, in recent years, become deeply disturbed by an erosion of the rule of law, notably in some of the world’s most professedly democratic nations. In this book of edited essays, many of the world’s leading public lawyers draw on examples from the United Kingdom, European States, and the European Union (EU) to explore the alarming tensions unleashed as Europe is rocked by Brexit, the war between nations on the EU border, and the worldwide phenomenon of populist resistance to globalised forces and liberal democratic aspirations. The book is dedicated to Professor Patrick Birkinshaw, who until his retirement was Director of the Institute of European Public Law and Professor of Public Law at the University of Hull and widely respected as a leading authority on public law. With a focus on public law and European public law jurisprudence with hugely important global ramifications, the contributions continue his work and crucially deal with the new and troubling shape of the law–politics relationship. The essays examine these developments under four headings: Law in a World Turned Upside/Down, with essays on (e.g.) Brexit, the denial of human rights and the rule of law in Hungary, climate change governance; Law and Politics: A Shifting Boundary?, showing how advances in the courts have prompted reaction to curtail judicial review and human rights protection, especially evident in the fading mirage of fair trial rights and administration on the EU periphery; Law’s Promise, specifying real achievements in the way of reform and higher levels of security for individuals; and New Bearings, exploring initiatives and emerging problems, including reform of judicial review, the European Banking Law, digitalization of public administration, and institutional interactions with the Chinese 1982 Constitution. The book brings together leading university professors, public officials and judges, all experts in their respective fields. All are concerned with a central role for law in the process of governance. This unrivalled volume penetrates the contradictions, uncertainties, and insecurities that plague this topic of worldwide interest and debate, and will prove invaluable to practitioners, public administrators, jurists, judges and legal academics everywhere. It will also be of interest to political scientists and politicians. In its completely original and innovative discussions of the changes taking place at the interface of law and politics, and of how law can enhance certainty and reliability in governance, this book provides a most detailed and insightful analysis of the new bearings in public law in Europe and worldwide.

Download or read book Essays in Honour of Henry G Schemers Volume 2 Institutional Dynamics of European Integration written by Deirdre M. Curtin and published by BRILL. This book was released on 2023-07-24 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: Institutional Dynamics of European Integration is devoted to the topic of the institutional law of the Communities, and contains a timely collection of essays by eminent experts. While this volume will certainly refine legal understanding of the European Union in its present complex phase of development, it also constitutes a warm personal tribute to Henry Schermers, teacher and scholar of international renown and a pioneer of European Community law.

Download or read book Droit administratif 2023 2024 written by Fanny Grabias and published by Vuibert. This book was released on 2023-09-26 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clair et accessible, cet outil de révision et d'entraînement est idéal pour le cours de droit administratif, matière fondamentale enseignée notamment en droit, en AES, et à Sciences Po. Il se concentre sur les principales notions à connaître : le droit administratif et l'administration : définition et identification ; les buts et les moyens de l'action administrative : police administrative, service public, acte administratif unilatéral, contrat administratif ; les limites de l'action administrative : le principe de légalité, le principe de responsabilité et les principaux recours contentieux Chaque fiche propose de nombreux tableaux et schémas, et des exercices variés (QCM, dissertations, commentaires d'arrêt ou d'articles) avec leurs corrigés. La nouvelle édition intègre les évolutions réglementaires les plus récentes. le livre s'adresse aux : Etudiants en droit et non-juristes : AES, Sciences-Po Candidats préparant les concours de la fonction publique

Download or read book SCAD Bulletin written by and published by . This book was released on 1997 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Yearbook International Tribunal for the Law of the Sea Annuaire Tribunal international du droit de la mer Volume 26 2022 written by and published by BRILL. This book was released on 2023-10-20 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ITLOS Yearbook 2022 provides information on the composition and organization of the Tribunal and reports on its judicial activities in 2022, in particular concerning Cases Nos. 28, 30 and 31. The Yearbook is prepared by the Registry of the Tribunal. Le TIDM Annuaire 2022 fournit des informations sur la composition et l’organisation du Tribunal et rend compte des activités judiciaires de celui-ci au cours de l’année 2022, en particulier en ce qui concerne les affaires Nos. 28, 30 et 31. L’Annuaire est préparé par le Greffe du Tribunal.

Download or read book Cours de droit administratif written by Louis Antoine Macarel and published by . This book was released on 1844 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: