Download or read book Contemporary Challenges in Administrative Law and Public Administration written by Rafał Szczepaniak and published by ADJURIS – International Academic Publisher. This book was released on 2018-05-15 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the scientific papers presented at the International Conference “Contemporary Challenges in Administrative Law and Public Administration” that was held on 27 April 2018 at Bucharest University of Economic Studies, Romania. The scientific studies included in this volume are grouped into two chapters: Contemporary Challenges in Administrative Law and Contemporary Challenges in Public Administration. 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.

Download or read book Arguing Fundamental Rights written by Agustín J. Menéndez and published by Springer Science & Business Media. This book was released on 2006-11-22 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the trail-blazing Theory of Constitutional Rights of Robert Alexy. The authors combine critical analysis of the structural elements of Alexy’s theory with an assessment of its applied relevance, paying special attention to the UK Human Rights Act and the Charter of Fundamental Rights of the European Union. Alexy himself opens the book with an insightful contextualisation of his theory of fundamental rights within his general legal theory.

Download or read book A Airports written by British Library and published by Walter de Gruyter. This book was released on 2012-05-21 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Download or read book Abuse of Fundamental Rights written by Fabio Carvalho de Alvarenga Peixoto and published by Fabio Carvalho de Alvarenga Peixoto. This book was released on 2023-11-20 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an adaptation of part of the author's PhD thesis, which won the international prize Prémio FIBE, and was voted one of the three best in Brazil, in the field of Law, in 2023. It addresses the appropriation of the private law notion of abuse of rights by the theory of fundamental rights. It also presents guidelines for an appropriate use of the discourse of abuse of fundamental rights (highly dependent on a Dogmatics of scope, approached according to a model of groups of cases). Fabio Carvalho de Alvarenga Peixoto PhD in Constitutional Law (Universidade de Fortaleza - Brazil). State Attorney. Private lawyer. Winner of the international prize Prémio FIBE, and of an honorable mention in the Capes (Brazilian Ministry of Education) PhD Thesis Award 2023. INTRODUCTION 1 THE GENERAL NOTION OF ABUSE OF FUNDAMENTAL RIGHTS 1.1 Admission by Literature of the Abuse of Fundamental Rights 1.1.1 Unconscious phase 1.1.2 Constructive Phase of Incipient Dogmatization 1.1.3 Constructive Phase of Peripheral Systematization 1.2 Delimitation of the Abuse of Fundamental Rights in the Face of the Verwirkung of Fundamental Rights 1.3 Presuppositions of the Notion of Abuse of Fundamental Rights 1.3.1 Fundamental Right Permission Granted by ‘Abstract’ Interpretation of the Constitutional (or with Constitutional Status) Text or of a Judicial Decision Interpreting the Constitution 1.3.2 Prohibition ‘Discovered’ by Judge, Outside the Limits of ‘Abstract’ Interpretation of the Normative Text 2 FROM PRIVATE LAW DOCTRINES OF ABUSE OF RIGHTS TO A THEORY OF ABUSE OF FUNDAMENTAL RIGHTS 2.1 The Effectiveness of Fundamental Rights Between Private Individuals (Drittwirkung) as a Bridge Between Private Law Doctrines of Abuse of Rights and the Theory of Fundamental Rights 2.2 Problems of Using the Approaches of the Private Law Doctrines of Abuse of Rights in the Theory of Fundamental Rights 2.2.1 The Problem of the Controllability of State Interventions in Fundamental Rights 2.2.1.1 Creation of Law Outside the Limits of the Normative Text 2.2.1.2 Lack of Control Parameters of the Definitory Approaches 2.2.2 The Problem of the Risk of Eliminating the Individual Function of the Fundamental Right 2.2.3 The Problem of the Confusion with the Dogmatics of the Limits of Fundamental Rights 2.2.3.1 Dogmatic Autonomy of Abuse of Fundamental Rights vis-à-vis the Doctrines of Limits of Fundamental Rights 2.2.3.2 The Relation Between Abuse of Fundamental Rights and Dogmatic Conceptions of the Broadness of the Tatbestände of Fundamental Rights 3 CONTROL OF THE RATIONALITY OF THE DISCOURSE OF ABUSE OF FUNDAMENTAL RIGHTS AS A JUSTIFICATORY “SHORTCUT” 3.1 Needless for a Constitutional General Clause to Restrain Abuse of Fundamental Rights 3.2 The Need for a Singular Dogmatics 3.3 Identification of the Abuse of Fundamental Rights as a Task of Peripheral Systematization Grounded on Concrete Evaluations 4 UNACCEPTABLE APPROACHES TO THE ABUSE OF FUNDAMENTAL RIGHTS 4.1 Abuse of Fundamental Rights Without Parameters 4.2 Abuse of Fundamental Rights as Inadmissible Form of Exercise 4.3 Abuse of Fundamental Rights as Synonym for Exceeding a Limit 4.4 Abuse of Fundamental Rights as Typical Unlawfulness 4.5 Abuse of Fundamental Rights as Fraud Against the Law 4.6 Abuse of Fundamental Rights as Unreasonableness 4.7 Abuse of Fundamental Rights as Result of Alexyan Balancing 4.8 Abuse of Fundamental Rights as Disproportionality (Abuse of Fundamental Rights as Result of Means-End Balancing) 5 ACCEPTABLE APPROACHES TO THE ABUSE OF FUNDAMENTAL RIGHTS 5.1 Inadmissible Harmful Intent 5.2 Dogmatization of the Normative Scope 5.2.1 Direct Dogmatization 5.2.2 Indirect Dogmatization 5.3 Violation of Objective Good Faith 5.4 Violation of Good Customs 6 GROUPS OF ABUSE OF FUNDAMENTAL RIGHTS CASES AS LIMITS OF THE LIMITS CONCLUSION

Download or read book Borrowing Justification for Proportionality written by João Andrade Neto and published by Springer. This book was released on 2018-11-11 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question “are courts justified in borrowing proportionality?” has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases. Taking the Supreme Federal Court of Brazil – and its enthusiastic recourse to proportionality when interpreting the Federal Constitution – as a case study, the book investigates the normative reasons that could justify the court’s attitude and offers a comprehensive overview of its case law on controversial constitutional matters like abortion, same-sex union, racial quotas, and the right to public healthcare. Providing a valuable resource for those interested in comparative constitutional law and legal theory, or curious about Brazilian constitutional law, this book questions the alleged universality of the proportionality test, challenges the premises of Alexy’s principles theory, and discloses more than 68 Brazilian Supreme Court decisions delivered from 2003 to 2018 that would otherwise have remained unknown to an English-speaking audience.

Download or read book Philosophers on Their Own Work written by and published by . This book was released on 1981 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Antitrust Law in Brazil written by Eduardo Molan Gaban and published by Kluwer Law International B.V.. This book was released on 2011-12-05 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the case of Brazil, a major economic player among developing countries. In seventeen years of enforcing the Brazilian Antitrust Law, Brazil’s Administrative Council for Economic Defence (CADE) has achieved outstanding results and has been recognized as the most effective antitrust enforcement agency in the developing world. This book is the first to describe and analyse the workings and case law of the CADE, emphasizing the agency’s fundamental methodology and focusing on the contributory roles of such factors as the following: mechanisms and procedures of enforcement of the Antitrust Law in Brazil; methodologies (tests) used for antitrust assessment (for merger and conduct controls); evaluation of barriers to entry and rivalry in analysed markets; assessment of proof and circumstantial evidence within CADE case law and court decisions; examination of rational justifications for practices under investigation; legality of exchange of information; leniency agreements; cease and desist agreements; cultural issues and modifications; civil and criminal enforcement; private damages considerations; and the role of international and regional competition law regimes (OECD, UNCTAD, WTO, ICN, Mercosur). The book’s consolidated research on Brazil’s cartel investigations clearly describes the main defence theories and the courts’ decisions. The authors also explore the relationship of Brazil’s antitrust law to the country’s public policies in the areas of consumer rights, public procurement, and measures against corruption, with special emphasis on the synergies arising from antitrust law and consumer protection. It is worth noting that the studies carried out in this book discussed Law No. 8884/94 (Brazilian Antitrust Law) and the New Brazilian Antitrust Law, which was passed on 5 October 2011 and which will be enforced in 2012. With its unique synthesis of constitutional law, comparative antitrust law, and CADE’s case law, this book will be welcomed by competition lawyers and other parties interested in methods and procedures used in merger and conduct control, and especially in anti-cartel enforcement, in developing countries.

Download or read book Philosophers on Their Own Work written by International Federation of Philosophical Societies and published by . This book was released on 1981 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Green Taxation and Environmental Sustainability written by Lawrence A. Kreiser and published by Edward Elgar Publishing. This book was released on 2012 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Green Taxation and Environmental Sustainability explores the critical issue of how taxes can be applied across relevant environmental issues _ including transport, nuclear power, and water and waste management _ to achieve sustainability. Containing topical chapters written by environmental experts, the book covers a number of key issues, including interaction of biofuels and EU state aid rules; territorial differences for transport fuel demand; electric vehicles, taxation and electricity transmission; public policy issues on the disposal of high-level radioactive waste in Japan; landfill and waste incineration taxes; and many other topics. This insightful study will appeal to policy makers in government, as well as to students and academics in environmental law, environmental economics and environmental sustainability.

Download or read book Financial Issues of a Universal Basic Income UBI written by LIT Verlag and published by LIT Verlag. This book was released on 2022-09-29 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first annual FRIBIS conference in October 2021 aimed to take into account the growing economic interest in financial issues in basic income research. After all, research on Unconditional Basic Income is significantly influenced by this development of monetary policy issues and, in turn, contributes just as influentially to the discussion. In addition to the economically focused main sessions, the two-day conference also included parallel sessions of other FRIBIS teams, in which prominent guests of the basic income discourse presented and discussed together with the interdisciplinary and international teams and members of FRIBIS. Bernhard Neumärker is Professor of Economic Policy and Director of the Götz Werner Professorship for Economic Policy and New Ordoliberalism at the Albert-Ludwigs-Universität Freiburg. In 2019, he founded the Freiburg Institute for Basic Income Studies (FRIBIS) for interfaculty and interdisciplinary research on Unconditional Basic Income in a network of six institutes of the Albert-Ludwigs-University of Freiburg. Jessica Schulz is a doctoral candidate at FRIBIS in educational science and, as part of the FRIBIS staff responsible for publication management.

Download or read book Energy Law in Brazil written by Yanko Marcius de Alencar Xavier and published by Springer. This book was released on 2015-03-05 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the energy-law situation in Brazil. It focuses on three specific energy sectors: oil, natural gas and biofuel. The decision to concentrate on these areas takes into account the role that these energy sectors play in the economic, political and legal systems in Brazil, as well as the fact that they are the primary subjects of current discussions surrounding economic regulation in the country. The book, composed of thematic chapters authored by specialized legal researchers, analyzes the different aspects of the oil, gas and biofuels industry, starting with an introduction and technical points and followed by a discussion of the legal issues. It also considers the different legal areas used to examine the aforementioned energy sectors, such as regulatory law, environmental law, tax law, international law, among others. The book will serve as a valuable guide for researchers interested in understanding Brazilian energy law, and at the same it time presents the state of the art of studies carried out in Brazil.

Download or read book The Politics of Military Rule in Brazil 1964 1985 written by Thomas E. Skidmore and published by Oxford University Press. This book was released on 1990-03-08 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The largest and most important country in Latin America, Brazil was the first to succumb to the military coups that struck that region in the 1960s and the early 1970s. In this authoritative study, Thomas E. Skidmore, one of America's leading experts on Latin America and, in particular, on Brazil, offers the first analysis of more than two decades of military rule, from the overthrow of João Goulart in 1964, to the return of democratic civilian government in 1985 with the presidency of José Sarney. A sequel to Skidmore's highly acclaimed Politics in Brazil, 1930-1964, this volume explores the military rule in depth. Why did the military depose Goulart? What kind of "economic miracle" did their technocrats fashion? Why did General Costa e Silva's attempts to "humanize the Revolution" fail, only to be followed by the most repressive regime of the period? What led Generals Geisel and Golbery to launch the liberalization that led to abertura? What role did the Brazilian Catholic Church, the most innovative in the Americas, play? How did the military government respond in the early 1980s to galloping inflation and an unpayable foreign debt? Skidmore concludes by examining the early Sarney presidency and the clues it may offer for the future. Will democratic governments be able to meet the demands of urban workers and landless peasants while maintaining economic growth and international competitiveness? Can Brazil at the same time control inflation and service the largest debt in the developing world? Will its political institutions be able to represent effectively an electorate now three times larger than in 1964? What role will the military play in the future? In recent years, many Third World nations--Argentina, the Philippines, and Uruguay, among others--have moved from repressive military regimes to democratic civilian governments. Skidmore's study provides insight into the nature of this transition in Brazil and what it may tell about the fate of democracy in the Third World.

Download or read book Constitutionalism and the Paradox of Principles and Rules written by Marcelo Neves and published by Oxford University Press. This book was released on 2021 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title tackles the dominant constitutional theories provided by Ronald Dworkin and Robert Alexy and presents a critical counterpoint. It considers the paradoxical relationship between principles and rules within constitutional theory. This is essential reading for those involved in constitutional adjudication involving rules and principles.

Download or read book Philosophes Critiques D eux m mes written by and published by . This book was released on 1980 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings written by Dobrochna Bach-Golecka and published by Springer Nature. This book was released on 2021-05-16 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.

Download or read book Mining and the State in Brazilian Development written by Gail D Triner and published by Routledge. This book was released on 2015-10-06 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Mining and the State' examines the fundamental economic institutional structure of Brazil through the prism of its mineral endowment.