Download or read book El efecto horizontal de los derechos fundamentales written by Arnulfo Daniel Mateos Durán and published by U. Externado de Colombia. This book was released on 2022-09-21 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: En el debate constitucional respecto a la eficacia de los derechos y bienes constitucionales, la pregunta relativa a los límites del efecto protector de los derechos ha sido siempre un tema central para la dogmática de los derechos fundamentales. Esto es común en las democracias constitucionales, en las cuales se entremezclan fuerzas económicas, religiosas, políticas y sociales que pueden equipararse con el poder del Estado. Gracias a estas nuevas dinámicas resurge siempre la cuestión en tomo a la figura dogmática conocida como Drittwirkung. La Drittwirkung o "efecto horizontal de los derechos fundamentales" ha despertado continuamente acaloradas discusiones dentro de la doctrina y la jurisprudencia. Esta obra tiene como objetivo condensar en un solo número contribuciones académicas vinculadas a la figura dogmática de la Drittwirkung. Debido a la diversidad de temáticas relacionadas con el efecto protector de los derechos fundamentales, es menester por ello, reunir de manera clara y precisa diversos artículos de autoras y autores de América y Europa. En este libro se desarrolla la estructura esencial de la Drimvirkung y se analizan todos los fenómenos jurídicos vinculados a esta figura. Todo esto, a través del estudio de la Drittwirkung desde su origen en el sistema alemán, así como su incorporación en otros ordenamientos jurídicos y la esfera del derecho internacional.
Download or read book Rule of Law Human Rights and Judicial Control of Power written by Rainer Arnold and published by Springer. This book was released on 2017-05-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Download or read book Fundamental Rights Challenges written by Cristina Izquierdo-Sans and published by Springer Nature. This book was released on 2021-06-17 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.
Download or read book Human Rights and the Private Sphere Vol 1 written by Jorg Fedtke and published by Routledge. This book was released on 2007 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part Part I: Introduction -- chapter PART I: INTRODUCTION Human Rights and the Private Sphere - the Scope of the Project -- part Part II: National Jurisdictions European Convention on Human Rights -- chapter 1 Denmark Drittwirkung and Conflicting Rights - Viewed from National and International Perspectives -- chapter 2 England and Wales The Human Rights Act and the Private Sphere -- chapter 3 France Horizontal Application and the Triumph of the European Convention on Human Rights -- chapter 4 Germany Drittwirkung in Germany -- chapter 5 Greece Taking Private Law Seriously in the Application of Constitutional Rights -- chapter 6 India Protection of Human Rights against State and Non-State Action -- chapter 7 Ireland Irish Constitutional Law and Direct Horizontal Effect - A Successful Experiment? -- chapter 8 Israel Human Rights in Private Law - The Israeli Case -- chapter 9 Italy The Protection of Constitutional Rights in the Private Sphere -- chapter 10 New Zealand Taking Human Rights into the Private Sphere -- chapter 11 South Africa From Indirect to Direct Effect in South Africa: a System in Transition -- chapter 12 Spain A Jurisdiction Recognising the Direct Horizontal Application of Human Rights -- chapter 13 The United States and Canada: State Action, Constitutional Rights and Private Actors -- chapter 14 The European Convention on Human Rights The European Court of Human Rights.
Download or read book Labour Markets Industrial Relations and Human Resources Management in Europe written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2012-03-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social models are always contested and ambiguous. This is particularly evident in the field of human resources management, where decisions that ultimately affect the patterns of social relations are made every day. This collection of in-depth essays focuses on some central human resources elements – gender, youth, ageing, educational background, training, workers’ rights – providing an up-to-date summary and analysis of how employers are dealing – and should be dealing – with workforce characteristics under current globalized forces. The emphasis is on Europe, but valuable insights come also from Chile, Canada, and the United States. Sixteen experts discuss such important issues as the following: the shift from intervention in favour of workers’ rights towards corporate neo-liberal policies; importance of transnational framework agreements in countries where a trade union; tradition is lacking; evidence that provision of childcare promotes female labour market participation; short-time working, labour hoarding, and labour underutilization; enhancing training policies for employable skills; enforcement of corporate social responsibility; alarmingly high rates of precarious employment; worldwide decline of full-time permanent positions; pension system reform; over-exposure of young people to non-standard employment; discouraged workers; regional imbalances in employment policy; and weaknesses of education programmes in connection with the world of work. Industrial relations and human resources professionals as well as employment lawyers worldwide will welcome this incisive analysis, and academics everywhere are sure to benefit from its evidence, insights, and proposals. The book presents a selection of papers from the international conference in commemoration of Marco Biagi entitled Europe 2020: Comparative Perspectives and Transnational Action, held at the Marco Biagi Foundation in Modena, Italy. 17–19 March 2011.
Download or read book The Gender of Constitutional Jurisprudence written by Beverley Baines and published by Cambridge University Press. This book was released on 2005 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: To explain how constitutions shape and are shaped by women's lives, the contributors examine constitutional cases pertaining to women in 12 countries, covering cases about reproductive, sexual, familial, socio-economic, and democratic rights, and focussing on women's claims to equality.
Download or read book Personal Participation in Criminal Proceedings written by Serena Quattrocolo and published by Springer. This book was released on 2019-01-21 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.
Download or read book EU Compendium Fundamental Rights and Private Law written by Christoph Busch and published by Walter de Gruyter. This book was released on 2010-12-23 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: This compendium provides an introduction to the intricate interplay of fundamental rights and private law. It identifies areas of commercial and civil law where fundamental rights from different sources play a key role in the interpretation and application of private law rules. In addition, it offers a collection of case law examples from across the EU which illustrate differences and commonalities regarding the influence of fundamental rights on civil and commercial litigation. It is thus well suited for the training of judges and as a source of inspiration for national legislators. Contributors to the study co-ordinated by the European Legal Studies Institute at University of Osnabrück with the support of the European Commission’s "Fundamental Rights and Citizenship Programme" include high ranking judges as well as young researchers from across the EU. "As the Commissioner for Justice, Fundamental Rights and Citizenship, I can only praise the pertinent purpose and the methodology of the compendium which underlines the concrete approach the authors adopted." Viviane Reding, Vice-President of the European Commission
Download or read book Derechos fundamentales y estado written by Miguel Carbonell and published by . This book was released on 2002 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Derechos Libertades y Sociedad de la Informaci n written by Teresa M. Geraldes Da Cunha Lopes and published by Lulu.com. This book was released on 2011-06-29 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Los vertiginosos avances que en muy pocas décadas han alcanzado las nuevas tecnologías destinadas a facilitar la comunicación entre las personas y el flujo de informaciones, y muy en particular el espectacular desarrollo que ha tenido internet desde su creación relativamente reciente, plantean retos complejos y novedosos a nuestras sociedades, desde los más diversos puntos de vista. La presente obra colectiva pretende dar al lector una perspectiva multidisciplinaria de los retos arriba mencionados.
Download or read book Inter American Yearbook on Human Rights Anuario Interamericano de Derechos Humanos Volume 20 2004 written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-08-22 with total page 1509 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transnational Evidence and Multicultural Inquiries in Europe written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-12-12 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.
Download or read book Human Rights and the Private Sphere vol 1 written by Jörg Fedtke and published by Routledge. This book was released on 2007-08-07 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.
Download or read book We the Corporations How American Businesses Won Their Civil Rights written by Adam Winkler and published by Liveright Publishing. This book was released on 2018-02-27 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Download or read book The EU Charter of Fundamental Rights in the Member States written by Michal Bobek and published by Bloomsbury Publishing. This book was released on 2020-12-24 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten years after the Charter of Fundamental Rights of the European Union became part of binding primary law, and twenty years since its adoption, this volume assess the application of the EU Charter in the Member States. How often, and in particular by which actors, is the EU Charter invoked at the national level? In what type of situations is it used? Has the approach of national courts in general, and of constitutional courts in particular, to EU law to EU fundamental rights law changed following the entry into force of the Charter? What sort of interplay does the Charter generate with the national bill of rights and the European Convention? Is the life with the Charter on the national level a harmonious 'praktische Konkordanz' or rather a messy 'ménage à trois'? These and other questions are discussed in the four parts that form the book. Part I is dedicated to the normative foundations. Part II sets out Member States' Perspectives, providing a structured, in-depth account of the Charter's operation in 16 different Member States. Part III provides a detailed evaluation of selected rights contained within the Charter. Part IV synthesises the materials presented up to that point to develop a series of broader perspectives, looking to discover underlying lessons about the relationship between EU fundamental rights law and national legal systems.
Download or read book Fundamental Rights and Private Law in Europe written by Nuno Ferreira and published by Routledge. This book was released on 2011-05-19 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’. The work focuses on the field of tort law and looks, in particular, at the legal position of the tortfeasor. Part I of the book is dedicated to exploring the different possible models of Drittwirkung, the functions and evolution of tort law, and the particular impact that fundamental rights may have in shaping the legal consequences that may derive to tortfeasors from their tortious acts. Part II focuses on the relationship between children’s tortious liability and their fundamental rights in a number of jurisdictions including France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. The book goes on to consider policy implications and advances proposals which would ensure the optimisation and maximisation of the scope of fundamental rights in the field of tort law.
Download or read book The Max Planck Handbooks in European Public Law written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2023-02-27 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law describe and analyze public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. This second volume continues this approach with an in-depth appraisal of the foundations of the constitutional order in various and diverse European countries. Fourteen country reports investigate the antecedents, foundations, organization, basic principles, and challenges to European constitutions. They include countries with long-lasting and recently amended constitutions, decentralized or unitary, with different political systems and institutional settings. In keeping with the focus on a diverse but unified legal space, each report also details how the constitutional identity of each country has been elaborated and what it entails. Together, the chapters of this volume provide a strong and diverse foundation for a continuing European constitutional dialogue.
