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Book The Constitutional Dimension of Contract Law

Download or read book The Constitutional Dimension of Contract Law written by Luca Siliquini-Cinelli and published by Springer. This book was released on 2017-04-06 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated ‘civilising mission’ of the contract, a notion which itself constitutes the canon of the Western liberal principle of ‘civilised economy’. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law’s development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.

Book Guide to Foreign and International Legal Citations

Download or read book Guide to Foreign and International Legal Citations written by and published by . This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Formerly known as the International Citation Manual"--p. xv.

Book EMU Integration and Member States    Constitutions

Download or read book EMU Integration and Member States Constitutions written by Stefan Griller and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 803 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, legal scholars from the EU Member States (with the addition of the UK) analyse the development of the EU Member States' attitudes to economic, fiscal, and monetary integration since the Treaty of Maastricht. The Eurozone crisis corroborated the warnings of economists that weak economic policy coordination and loose fiscal oversight would be insufficient to stabilise the monetary union. The country studies in this book investigate the legal, and in particular the constitutional, pre-conditions for deeper fiscal and monetary integration that influenced the past and might impact on the future positions in the (now) 27 EU Member States. The individual country studies address the following issues: - Main characteristics of the national constitutional system, and constitutional culture; - Constitutional foundations of Economic and Monetary Union (EMU) membership and related instruments; - Constitutional obstacles to EMU integration; - Constitutional rules and/or practice on implementing EMU-related law; and - The resulting relationship between EMU-related law and national law Offering a comprehensive and detailed assessment of the legal and constitutional developments concerning the Economic and Monetary Union since the Treaty of Maastricht, this book provides not only a study of legal EMU-related measures and reforms at the EU level, but most importantly sheds light on their perception in the EU Member States.

Book Religion and Law in Brazil

    Book Details:
  • Author : Thiago Magalhães Pires
  • Publisher : Kluwer Law International B.V.
  • Release : 2023-09-25
  • ISBN : 9403516577
  • Pages : 240 pages

Download or read book Religion and Law in Brazil written by Thiago Magalhães Pires and published by Kluwer Law International B.V.. This book was released on 2023-09-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Brazil deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Brazil. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

Book Democratic Government and Constitutional Jurisdiction

Download or read book Democratic Government and Constitutional Jurisdiction written by Clèmerson Merlin Clève and published by Rowman & Littlefield. This book was released on 2022-01-24 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a series of articles produced in recent years and contains elements that can provide a panoramic view of the most prominent discussions in constitutional law in our time. The book is divided in five main parts, each of them is an article and addresses issues related to constitutional law, democracy and institutions. It brings about the challenges that Brazil must confront as part of the process of constructing a free, just and compassionate society, this book is intended to be an additional tool for improving the country’s institutions. In the inevitable presence of doubts and dreams, we seek to offer alternatives in order to ensure that this project continues.

Book State and Church in the European Union

Download or read book State and Church in the European Union written by Gerhard Robbers and published by Nomos Verlag. This book was released on 2019-09-24 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: Im Prozess der europäischen Einigung kommt den Kirchen als wesentlicher Bestandteil der europäischen Kultur eine besondere Bedeutung zu. Ein Europa, das den gemeinsamen Verfassungsüberlieferungen, den Traditionen und Kulturen der Mitgliedstaaten, ihrer nationalen Identität und dem Grundsatz der Subsidiarität verpflichtet ist, wird das gewachsene Staatskirchenrecht seiner Mitgliedstaaten zu respektieren haben. Die 2. Auflage bietet einen umfassenden Vergleich der unterschiedlichen staatskirchenrechtlichen Systeme in den Mitgliedstaaten der Europäischen Union. Der Sammelband berücksichtigt auch die neuen Mitgliedsländer und beschreibt europaweite Entwicklungen. Er macht deutlich, wie sich die europäische Integration auf die Stellung der Kirchen auswirkt. Das Werk ist für jeden, der im Staatskirchenrecht arbeitet, aber auch für staatliche und kirchliche Institutionen von Interesse. Das Buch ist in Zusammenarbeit mit dem Europäischen Konsortium für Staat-Kirche-Forschung entstanden. Die Autoren, führende Staatskirchenrechtler aus den verschiedenen Mitgliedstaaten der EU, erläutern die religionsverfassungsrechtlichen Systeme ihrer Heimatländer. Der Herausgeber ist Professor für öffentliches Recht an der Universität Trier und Leiter der Forschungsstelle für Europäisches Verfassungsrecht.

Book Salazar

Download or read book Salazar written by Tom Gallagher and published by Hurst & Company. This book was released on 2020 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifty years after his death, Portugal's Salazar remains a controversial and enigmatic figure, whose conservative and authoritarian legacy still divides opinion. Some see him as a reactionary and oppressive figure who kept Portugal backward, while others praise his honesty, patriotism and dedication to duty. This probing biography charts the highs and lows of Salazar's rule, from rescuing Portugal's finances and keeping his strategically-placed nation out of World War II to maintaining a police state while resisting the winds of change in Africa. It explores Salazar's long-running suspicion of and conflict with the United States, and how he kept Hitler and Mussolini at arm's length while persuading his fellow dictator Franco not to enter the war on their side.

Book Labor  Human Rights and Public Policy

Download or read book Labor Human Rights and Public Policy written by Paulo Campanha Santana and published by Lisbon. This book was released on 2023-05-29 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public policy discussions are, at any time, a major issue in any government, since they are a fundamental part of government agendas and the main mechanism for the realization of human and social rights. Brazil is a country that has a growing importance in the international arena, especially for its environmental and cultural riches, making it a country of extreme geopolitical relevance. Nevertheless, issues such as security, hunger, education, health, transportation, and democracy are constantly put to the test in the face of its development, size, and conflicts.Therefore, this work aims to bring important reflections on this theme, analyzing the public policies regarding labor and human rights. And in the midst of this, social policies must function as tools to realize human rights and restore balance. It is a great book for understanding better the labor environment in Brazil and how it is affecting human rights safeguard.

Book Constitutional Knowledge and Its Impact on Citizenship Exercise in a Networked Society

Download or read book Constitutional Knowledge and Its Impact on Citizenship Exercise in a Networked Society written by Melro, Ana and published by IGI Global. This book was released on 2019-03-15 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: National constitutions allow citizens to exercise full citizenship rights, leading to a growing importance in understanding these laws. This knowledge, more widespread thanks to the ever-growing use of digital networks, allows for more enlightened national citizens in every corner of the world. Constitutional Knowledge and Its Impact on Citizenship Exercise in a Networked Society is a pivotal reference source that analyzes how constitutional awareness occurs in various countries and how citizenship participation is encouraged through the use of digital tools. While highlighting topics such as mobile security, transparency accountability, and constitutional awareness, this publication is ideally designed for professionals, students, academicians, and policymakers seeking current research on citizens' lack of awareness of their rights.

Book The Political Dimension of Constitutional Law

Download or read book The Political Dimension of Constitutional Law written by Miguel Nogueira de Brito and published by Springer Nature. This book was released on 2020-03-21 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory – including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre – address these questions in a timely and original way.

Book The Ethics of Fur

    Book Details:
  • Author : Andrew Linzey
  • Publisher : Rowman & Littlefield
  • Release : 2023-07-24
  • ISBN : 1666937959
  • Pages : 319 pages

Download or read book The Ethics of Fur written by Andrew Linzey and published by Rowman & Littlefield. This book was released on 2023-07-24 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first multidisciplinary book that addresses the ethics of fur. Whatever might have been true of the past, the production of fur is now morally problematic in terms of both necessity and suffering. There is no necessity in killing animals for nonessential purposes, such as adornment, fashion, or vanity. The argument for utility simply doesn’t hold up. Alternative clothing is now readily available, enduring, and less costly. Worse still, since we know that the animals exploited are sentient, causing them suffering or making animals liable to suffering is arguably intrinsically wrong. The purpose of this volume is to open up and advance further the ethical, political, and specifically legislative endeavors now moving at pace and to encourage the anti-fur movement. That said, there is much to learn from this book about the history, culture, and political arguments for and against fur that should interest scholars and students, as well as those engaged on either side of the debate. It is not common for academics to engage with pressing and contentious moral issues, and we pay tribute to our eighteen contributors for leading the way.

Book Legislation in Europe

    Book Details:
  • Author : Ulrich Karpen
  • Publisher : Bloomsbury Publishing
  • Release : 2020-12-10
  • ISBN : 1509924701
  • Pages : 608 pages

Download or read book Legislation in Europe written by Ulrich Karpen and published by Bloomsbury Publishing. This book was released on 2020-12-10 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following on from the first volume, this unique book is the only collection of native analyses of the status of legislation in 30 European jurisdictions plus the EU. Each chapter, written by a national authority in the legislative field, presents and critically assesses: - the national constitutional environment and its connection with EU law; - the nature and types of legislation; - the legislative process; - the drafting process; - jurisprudence conventions; - the training of drafters. The book opens with a comparative chapter on the these six themes, and concludes with an analysis of trends and best practices in Europe. Legislation in Europe is a necessary addition to law and policy libraries, law-making institutions and agencies, and an invaluable tool for constitutional and drafting academics and practitioners.

Book Semi presidentialism  Parliamentarism and Presidents

Download or read book Semi presidentialism Parliamentarism and Presidents written by Miloš Brunclík and published by Routledge. This book was released on 2018-07-11 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyzes the presidencies of three neighboring Central European countries – Poland, the Czech Republic and Slovakia – in the context of their interactions with cabinets (and prime ministers), parliaments and the constitutional courts, all which have proved crucial actors in the region’s political and constitutional battles. Using both institutional and behavioral perspectives along with an innovative definition of semi-presidentialism, the book argues that presidential powers – rather than the mode of the election of the president – are crucial to the functioning of the regimes and their classification into distinctive regime types. Focusing on intra-executive conflicts and the interaction of the president with other constitutional players it argues that, regardless of the mode of the election of the president, regimes have traditionally been very similar not only in their institutional settings, but also in the way they function. Finally, it shows that Poland, the Czech Republic and Slovakia should be classified as parliamentary regimes. This text will be of key interest to scholars and students of Central and East Europe studies/politics, post-Communist studies, presidential studies and more broadly to political elites and institutions, comparative politics and legislative studies.

Book The Oxford Handbook of European Legal History

Download or read book The Oxford Handbook of European Legal History written by Heikki Pihlajamäki and published by Oxford University Press. This book was released on 2018-06-28 with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

Book The Law and Legitimacy of Imposed Constitutions

Download or read book The Law and Legitimacy of Imposed Constitutions written by Richard Albert and published by Routledge. This book was released on 2018-11-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution. This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level. This book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making. The volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.

Book Judicial Protection in Transnational Criminal Proceedings

Download or read book Judicial Protection in Transnational Criminal Proceedings written by Martin Böse and published by Springer Nature. This book was released on 2020-10-28 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: ​This book proposes and outlines a comprehensive framework for judicial protection in transnational criminal proceedings that ensures the right to judicial review without hampering the effective functioning of international cooperation in criminal matters. It examines a broad range of potential approaches in the context of selected national criminal justice systems, and offers a comparative analysis of EU Member States and non-Member States alike. The book particularly focuses on the differences between cooperation within the EU on the one hand and cooperation with third states on the other, and on the consequences of this distinction for the scope of judicial review.

Book Practical Aspects Regarding the Role of Administrative Law in the Modernization of Public Administration

Download or read book Practical Aspects Regarding the Role of Administrative Law in the Modernization of Public Administration written by M. Elvira Méndez-Pinedo and published by ADJURIS – International Academic Publisher. This book was released on 2019-08-15 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the scientific papers presented at the 2nd International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 17 May 2019 at Bucharest University of Economic Studies, Romania. The scientific studies included in this volume are grouped into two chapters: Practical Aspects Regarding the Role of Administrative Law in the Modernization of Public Administration at European and International Level and Practical Aspects Regarding the Role of Administrative Law in the Modernization of Public Administration at National Level. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of administrative law and public administration at international and national level.