Download or read book General Principles of Law The Role of the Judiciary written by Laura Pineschi and published by Springer. This book was released on 2015-06-22 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.

Download or read book The Sources of International Law written by Hugh Thirlway and published by Oxford University Press. This book was released on 2014-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.

Download or read book Statutory Interpretation written by Yule Kim and published by . This book was released on 2009 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court has expressed an interest 'that Congress be able to legislate against a background of clear interpretative rules, so that it may know the effect of the language it adopts'. This report identifies and describes some of the more important rules and conventions of interpretation that the court applies.

Download or read book Halsbury s Laws of England written by and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book General Principles of Law in the Decisions of International Criminal Courts and Tribunals written by Fabián Raimondo and published by BRILL. This book was released on 2008-11-30 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, inter alia because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged ‘subsidiary’ nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.

Download or read book Fairness in International Law and Institutions written by Thomas M. Franck and published by Oxford University Press, USA. This book was released on 1995 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Franck offers a compelling view of the future of international legal reasoning and legal theory. His critical analysis of the norms and institutions of modern international law inspires hope that advances will be made at all levels.

Download or read book The Nature of the Judicial Process written by Benjamin Nathan Cardozo and published by . This book was released on 1921 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

Download or read book General Principles of Insurance Law written by Edward Richard Hardy Ivamy and published by MICHIE. This book was released on 1993-01-01 with total page 1211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text deals with the subject of insurance law chronologically and provides an account of procedure from the moment a contract is drawn up, to the final settlement of any claim arising under it. It includes a chapter on compulsory insurance.

Download or read book Modern Law of Insurance in India written by and published by . This book was released on 2019 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The International Legal Process written by Abram Chayes and published by . This book was released on 1967 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book General Principles of Law as Applied by International Courts and Tribunals written by Bin Cheng and published by Cambridge University Press. This book was released on 2006-11-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Cheng aims to inquire into the practical application of the general principles of law by international courts and tribunals.

Download or read book Law of Insurance written by Singh Avtar and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Election Case Law written by and published by . This book was released on 1997 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A summary of judicial precedent on election issues other than campaign financing"--Cover.

Download or read book Marine Policies written by William Henry Eldridge and published by . This book was released on 1907 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Information Technology Law and Practice written by Vakul Sharma and published by Universal Law Publishing. This book was released on 2011 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Maritime Liens and Claims written by William Tetley and published by . This book was released on 1998 with total page 1784 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Guide to Damages in International Arbitration written by John A. Trenor and published by . This book was released on 2020 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: