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 The Role of the Judiciary in Environmental Governance written by Louis J Kotzé and published by Kluwer Law International B.V.. This book was released on 2009-04-17 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book investigates the environmental legal frameworks, court structures and relevant jurisprudence of nineteen countries, representing legal systems and legal cultures from a diverse array of countries situated across the globe. In doing so, it distils comparative trends, new developments, and best practices in adjudication endeavours, highlighting the benefits and shortcomings of the judicial approach to environmental governance.

Download or read book Brazilian code of civil procedure written by and published by . This book was released on 2017 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Corrupt Cities written by and published by World Bank Publications. This book was released on 2000 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of the devastation caused by the recent earthquake in Turkey was the result of widespread corruption between the construction industry and government officials. Corruption is part of everyday public life and we tend to take it for granted. However, preventing corruption helps to raise city revenues, improve service delivery, stimulate public confidence and participation, and win elections. This book is designed to help citizens and public officials diagnose, investigate and prevent various kinds of corrupt and illicit behaviour. It focuses on systematic corruption rather than the free-lance activity of a few law-breakers, and emphasises practical preventive measures rather than purely punitive or moralistic campaigns.

Download or read book Legal standards on freedom of expression written by Singh, Avani and published by UNESCO Publishing. This book was released on 2018-12-31 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Patrons Clients and Policies written by Herbert Kitschelt and published by Cambridge University Press. This book was released on 2007-03-29 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of patronage politics and the persistence of clientelism across a range of countries.

Download or read book Proportionality written by Aharon Barak and published by Cambridge University Press. This book was released on 2012-01-19 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.

Download or read book Constitution of the Federative Republic of Brazil written by Brazil and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Incarceration and Generation Volume I written by Silvia Gomes and published by Palgrave Macmillan. This book was released on 2022-10-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume, edited collection lays the groundwork for an international exploration of incarceration and generation, cover a range of geographic, judicial and administrative contexts of incarceration from contributors across a range of subjects. Volume I explores an array of experiences, dynamics, cultures, interventions and impacts of incarceration in specific generations: childhood, youth and emerging adulthood, adulthood and older age. It covers topics such as: the expansion of the penal landscape; deprivation of liberty regarding children, the problem of unaccompanied migrant children; the incarceration of young adults and adults, exploring its impacts within and beyond incarceration and the consequences of imprisoning older populations. Volume II examines intergenerational relations issues within different contexts of incarceration. This collection discusses public policies and the role of the state and the citizen deprived of liberty. It speaks to academics in criminology, sociology, psychology, and law, and to practitioners and policymakers interested in incarceration.

Download or read book WHO Framework Convention on Tobacco Control written by World Health Organization and published by World Health Organization. This book was released on 2013 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the guidelines adopted by the Conference of the Parties. These seven guidelines cover a wide range of provisions of the WHO Framework Convention on Tobacco Control, such as: the protection of public health policies with respect to tobacco control from commercial and other vested interests of the tobacco industry; protection from exposure to tobacco smoke; packaging and labelling of tobacco products; and tobacco advertising, promotion and sponsorship; and demand reduction measures concerning tobacco dependence and cessation. These guidelines are intended to help Parties to meet their obligations under the respective provisions of the Convention. They reflect the consolidated views of Parties on different aspects of implementation, their experiences and achievements, and the challenges faced. The guidelines also aim to reflect and promote best practices and standards that governments would benefit from in the treaty-implementation process.

Download or read book Unstable Constitutionalism written by Mark Tushnet and published by Cambridge University Press. This book was released on 2015-09-17 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

Download or read book The Language of Europe written by Domenico Cosmai and published by Université de Bruxelles. This book was released on 2014-12-12 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a clear and comprehensive introduction to the policy area of multilingualism and to translation practice within the EU institutions. This first edition in English builds on the success, among academics and practitioners alike, of its two preceding Italian editions (published respectively in 2003 and 2007 with the title 'Tradurre per l’Unione europea', Milan, Hoepli), which have closely followed the EU journey through its successive enlargements, and the impact of these multiple accessions on the politics and practice of institutional translation. It proposes an in-depth, up-to-the-minute analysis of the direct relationships between member-state languages and the problems of knowledge transfer between the diverse languages and cultures that make up the patchwork which is the EU. Enriched throughout with practical examples from many among the twenty-four official languages of the European Union, specially selected and adapted for an Anglophone readership, The Language of Europe features detailed studies on the following topics: the background to and arguments in favour of EU multilingualism; the language features of EU documents; variations in translation practice between the different EU institutions, agencies and consultative bodies; the day-to-day working practice of translators and lawyer-linguists; the impact of ICT on translation practice; distinctive genres of EU institutional translation; what the future holds for EU translation. The volume incorporates a range of sample texts from a variety of EU official languages, provided in the source-language original and English target-language translation, in order to give the student and specialist an insight into and overview of the rigour and procedural expertise which are demanded and can be seen at work from initial (co-)draft to final version in the rendering of a “multilingual” EU document.

Download or read book Human Rights in International Criminal Proceedings written by Salvatore Zappalà and published by Oxford University Press on Demand. This book was released on 2005-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a procedural approach to human rights guarantees in international criminal proceedings and covers both the systems of the ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court. It analyses the rights conferred on individuals involved in international criminal trials from the commencement of investigations to the sentencing stage, as well as the procedural rights of victims and witnesses. The study focuses on problems which have emerged in three main areas: (i) length of proceedings; (ii) absence of specific sanctions and other remedies for violation of procedural rules; (iii) the need to strengthen the protection of the accused from undue interference with his rights (likely to be caused by a variety of factors, such as conflicting governmental interests, the presence of malicious witnesses, or inadequate legal assistance). Three general suggestions are made to reduce the impact of these weaknesses. First, it could be helpful to adopt specific sanctions for violation of procedural rules (such as, the exclusion of evidence as a remedy for violations of rules on discovery). Secondly, (as has already been provided for in the ICC Statute,) the Prosecutor of the ad hoc Tribunals should play a proactive role in the search for the truth by, among other things, gathering evidence that might exonerate the accused. Thirdly, the right of compensation for unlawful arrest (or detention) and unjust conviction, provided forin the ICC Statute, should be extended to other serious violations of fundamental rights and, in addition, should be laid down in the Statutes of the ICTY and ICTR.

Download or read book Leniency Policies in the Prosecution of Economic Crimes and Corruption written by Francisco Schertel Mendes and published by . This book was released on 2021-02-02 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on empirical research, the book develops a critical analysis of the use of leniency policies in Brazil. Drawing on a comparative perspective with German Law, the book shows how the current practice of leniency policies in Brazil jeopardizes fundamental guarantees of criminal procedure. The book also draws on a growing body of economic literature to assert that leniency agreements have serious - albeit unnoticed - side effects and may lead to significant negative externalities. The book rejects the association of leniency policies with the ideal of "consensual justice" and affirms that these mechanisms represent a form of privatization of investigative and prosecutorial activities, exploring the expectations and risks of this process.

Download or read book The Quality of Government written by Bo Rothstein and published by University of Chicago Press. This book was released on 2011-09 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between government, virtue, and wealth has held a special fascination since Aristotle, and the importance of each frames policy debates today in both developed and developing countries. While it’s clear that low-quality government institutions have tremendous negative effects on the health and wealth of societies, the criteria for good governance remain far from clear. In this pathbreaking book, leading political scientist Bo Rothstein provides a theoretical foundation for empirical analysis on the connection between the quality of government and important economic, political, and social outcomes. Focusing on the effects of government policies, he argues that unpredictable actions constitute a severe impediment to economic growth and development—and that a basic characteristic of quality government is impartiality in the exercise of power. This is borne out by cross-sectional analyses, experimental studies, and in-depth historical investigations. Timely and topical, The Quality of Government tackles such issues as political legitimacy, social capital, and corruption.

Download or read book Multicultural Jurisprudence written by Marie-Claire Foblets and published by . This book was released on 2009 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title presents controversial and critical essays which question the existence of a universal approach to the theory of law.

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