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 Proportionality in Law written by David Duarte and published by Springer. This book was released on 2018-07-30 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.
Download or read book Anthropometric Standardization Reference Manual written by Timothy G. Lohman and published by . This book was released on 1991-01-01 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Interpretation and Scientific Knowledge written by David Duarte and published by Springer Nature. This book was released on 2019-09-25 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
Download or read book Proportionality in Law written by David Duarte and published by Springer. This book was released on 2018-07-09 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.
Download or read book Fiscal Federalism in Theory and Practice written by Mrs.Teresa Ter-Minassian and published by International Monetary Fund. This book was released on 1997-09-10 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few decades, a clear trend has emerged worldwide toward the devolution of spending and, to a lesser extent, revenue-raising responsibilities to state and local levels of government. One view is that the decentralization of spending responsibilities can entail substantial gains in terms of distributed equity and macroeconomic management. The papers in this volume, edited by Teresa Ter-Minassian, examine the validity of these views in light of theoretical considerations, as well as the experience of a number of countries.
Download or read book Shaping the Digital Dissertation written by Virginia Kuhn and published by Open Book Publishers. This book was released on 2021-05-04 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a timely intervention that not only helps demystify the idea of a digital dissertation for students and their advisors, but will be broadly applicable to the work of librarians, administrators, and anyone else concerned with the future of graduate study in the humanities and digital scholarly publishing. Roxanne Shirazi, The City University of New York Digital dissertations have been a part of academic research for years now, yet there are still many questions surrounding their processes. Are interactive dissertations significantly different from their paper-based counterparts? What are the effects of digital projects on doctoral education? How does one choose and defend a digital dissertation? This book explores the wider implications of digital scholarship across institutional, geographic, and disciplinary divides. The volume is arranged in two sections: the first, written by senior scholars, addresses conceptual concerns regarding the direction and assessment of digital dissertations in the broader context of doctoral education. The second section consists of case studies by PhD students whose research resulted in a natively digital dissertation that they have successfully defended. These early-career researchers have been selected to represent a range of disciplines and institutions. Despite the profound effect of incorporated digital tools on dissertations, the literature concerning them is limited. This volume aims to provide a fresh, up-to-date view on the digital dissertation, considering the newest technological advances. It is especially relevant in the European context where digital dissertations, mostly in arts-based research, are more popular. Shaping the Digital Dissertation aims to provide insights, precedents and best practices to graduate students, doctoral advisors, institutional agents, and dissertation committees. As digital dissertations have a potential impact on the state of research as a whole, this edited collection will be a useful resource for the wider academic community and anyone interested in the future of doctoral studies.
Download or read book Fiscal Federalism written by Robin Boadway and published by Cambridge University Press. This book was released on 2009-05-11 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive account of the principles and practices of fiscal federalism based on the currently accepted theoretical framework and best practices. The traditional topics of assignment of responsibilities, intergovernmental fiscal arrangements, fiscal competition, and grants are covered in a unified framework with reference to actual practices followed in federations around the world. Special issues such as local government and the implications of natural resource issues are considered along with emerging issues such as governance, corruption, and the effect of globalization and the information revolution on the nation state. The treatment is non-technical and suitable for a wide variety of audiences, including scholars, instructors, students, policy advisors, and practitioners.
Download or read book The Iberian World written by Fernando Bouza and published by Routledge. This book was released on 2019-09-09 with total page 1314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Iberian World: 1450–1820 brings together, for the first time in English, the latest research in Iberian studies, providing in-depth analysis of fifteenth- to early nineteenth-century Portugal and Spain, their European possessions, and the African, Asian, and American peoples that were under their rule. Featuring innovative work from leading historians of the Iberian world, the book adopts a strong transnational and comparative approach, and offers the reader an interdisciplinary lens through which to view the interactions, entanglements, and conflicts between the many peoples that were part of it. The volume also analyses the relationships and mutual influences between the wide range of actors, polities, and centres of power within the Iberian monarchies, and draws on recent advances in the field to examine key aspects such as Iberian expansion, imperial ideologies, and the constitution of colonial societies. Divided into four parts and combining a chronological approach with a set of in-depth thematic studies, The Iberian World brings together previously disparate scholarly traditions surrounding the history of European empires and raises awareness of the global dimensions of Iberian history. It is essential reading for students and academics of early modern Spain and Portugal.
Download or read book Gendering the International Asylum and Refugee Debate written by J. Freedman and published by Springer. This book was released on 2007-10-17 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides a comprehensive account of the situation of women refugees globally and explains how they differ from men. It looks at causes of refugee flows, international laws and conventions and their application, the policies and legislation of Western governments, and lived experiences of the refugees themselves.
Download or read book Natural Law and the Nature of Law written by Jonathan Crowe and published by Cambridge University Press. This book was released on 2019-04-25 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.
Download or read book Protecting the Ozone Layer written by Edward Parson and published by Oxford : Oxford University Press. This book was released on 2003 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an account of the ozone-depletion issues from the attempts to develop international action in the 1970s to the mature functioning of the international regime, this book examines the parallel developments of politics and negotiations, technological progress, and industry strategy that shaped the issue's development and its management.
Download or read book Writing Off Ideas written by Randall G. Holcombe and published by Transaction Publishers. This book was released on 2000 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 20th century tax-exempt charitble foundations in the US have grown substantially, both in their financial importance, and in the scope of their activties. This book examines the economic, cultural, and intellectual implications of these organizations.
Download or read book Foundations of International Migration Law written by Brian Opeskin and published by Cambridge University Press. This book was released on 2012-09-27 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: International migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.
Download or read book Parliamentary Selection written by Mark A. Kishlansky and published by Cambridge University Press. This book was released on 1986-09-26 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parliamentary Selection examines how members of Parliament were chosen from 1558-1702.
Download or read book The Tribute of Blood written by Peter M. Beattie and published by Duke University Press. This book was released on 2001-09-26 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVArgues that the reform of military recruitment in Brazil had a profound impact, second only to the abolition of slavery, on institutions of social discipline and the lives of the poor./div
