Download or read book Constitutionalisation of Private Law written by Tom Barkhuysen and published by BRILL. This book was released on 2006-05-15 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: All over Europe we witness a spectacular rise of the recourse to fundamental rights in debates on civil liability. This is part of a pervasive process of constitutionalisation, of private law in general and tort law in particular. This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands. This analysis will be followed by answering the questions: How are these developments to be judged? Does the C-factor seriously undermine the autonomy of private law (‘The purpose of private law is simply to be private law’, Ernest J. Weinrib, The Idea of Private Law)? And if so, does it matter? How are we to handle the C-factor? Should we embrace it wholeheartedly, or rather adopt a policy of being neglect or even try to eradicate it altogether?

Download or read book Constitutional Comparison written by François Venter and published by BRILL. This book was released on 2021-07-26 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without knowledge of foreign systems. A wealth of literature is available on practically all constitutional systems and the intricacies of their application. This, however, presents the constitutionalist with a formidable problem: Which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the core problems of comparability and appropriate comparative methodology in the realm of contemporary constitutionalism. The outcome is, however, not mere theorizing. Most of the text is devoted to an incisive application of the chosen comparative method to four geographically, historically, and culturally divergent, but thoroughly comparable, constitutional systems. In the course of the comparative exercise, contemporary constitutional dogma and constitutional mechanics are analyzed and explained, in many instances in their historical contexts, making the book itself a useful source of comparative and historical information.

Download or read book The Fundamental Rules of the International Legal Order written by Christian Tomuschat and published by BRILL. This book was released on 2006 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.

Download or read book Constitutional Values and European Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law". European Contract Law has become extreme?ly dynamic over the last 10 years, both in substance and perspec?tive: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification. On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed: Fundamental Freedoms, fundamental rights and constitutional system building principles- such as the social welfare state or the rule of law. Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane". For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law". Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all encompassing basis.

Download or read book Fundamental Rights and Private Law in Europe written by Nuno Ferreira and published by Routledge. This book was released on 2011-05-19 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’. The work focuses on the field of tort law and looks, in particular, at the legal position of the tortfeasor. Part I of the book is dedicated to exploring the different possible models of Drittwirkung, the functions and evolution of tort law, and the particular impact that fundamental rights may have in shaping the legal consequences that may derive to tortfeasors from their tortious acts. Part II focuses on the relationship between children’s tortious liability and their fundamental rights in a number of jurisdictions including France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. The book goes on to consider policy implications and advances proposals which would ensure the optimisation and maximisation of the scope of fundamental rights in the field of tort law.

Download or read book Max Planck Yearbook of United Nations Law Volume 8 2004 written by Armin Von Bogdandy and published by Martinus Nijhoff Publishers. This book was released on 2004-01-01 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume eight comprises topics like the United Nations system of the use of force; the U.S. bilateral non-surrender agreements in relation to the ICC; developing countries, non-traditional intellectual property rights and the WIPO; and fact-finding by UN human rights complaints bodies.

Download or read book German Americana written by Christoph Strupp and published by . This book was released on 2007 with total page 1652 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive bibliography of books and scholarship on the United States produced in German-speaking countries from 1956-2005.

Download or read book Supreme Court of the United States written by George H. Rutland and published by . This book was released on 2000 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although not as glamourous as the Presidency and not as raucous as Congress, the Supreme Court quietly wields more power and influence over life in the United States than the other two combined. There is not a facet of life in the US that the Supreme Court is not called upon sooner or later to offer an opinion about. This bibliography gathers important literature about the Supreme Court and provides access through subject groupings as well as author and subject indexes. Contents: General; History; Separation of Powers; Constitutional Law; Freedom of Religion; Judicial Process; Civil Rights; Justices; Freedoms; Judicial Power and Indexes.

Download or read book Constitutional Law written by I. M. Rautenbach and published by Butterworth-Heinemann. This book was released on 1996 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Fundamental Rights and Private Law in the European Union A comparative overview written by Gert Brüggemeier and published by . This book was released on 2010 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume comparative study, carried out by the Research Training Network on Fundamental Rights and Private Law in the European Union, offers an overview of the doctrines and case law on the direct or indirect application of a fundamental right, for example a national constitutional right or an international human right, in order to solve a dispute between private parties in England, France, Germany, Italy, the Netherlands, Poland, Portugal, Spain and Sweden. Volume I contains national reports for each of these countries, preceded by a brief introduction explaining the project terminology and methodology and followed by a comparative chapter. A contribution on the horizontal effect of fundamental rights and freedoms in EU law is also included. Volume II includes ten comparative analyses of selected case patterns in contract, tort, property and family law, which have been adjudicated with reference to fundamental rights in many or at least some of these countries.

Download or read book Law and State written by and published by . This book was released on 1991 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book German Yearbook of International Law written by and published by . This book was released on 1995 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Eur Zeitschrift Des ffentl Rechts written by and published by . This book was released on 2000 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Law Governance Beyond the Public private Law Divide written by Aurelia Colombi Ciacchi and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Third Annual Conference of the Netherlands Institute for Law and Governance took place at Wageningen University on November 29, 2011. The conference was themed "Law & Governance - Beyond the Public-Private Law Divide?". A governance approach focuses on all institutions that pursue policy goals. During the conference, the main question discussed was what this approach means for legal research and legal practice. Is the distinction between public and private law still relevant? Can the governance approach enrich methodologies of legal research? Can this approach further new types of regulation, in which the market or civil society organizations have an important input and/or which require more technical expertise? This book examines both legal practice and legal research in order to learn from the examples of problems and approaches that fit the focus of governance. (Series: Governance & Law - Vol. 9)~

Download or read book Zeitschrift f r philosophische Forschung written by and published by . This book was released on 2004 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book General Provisions of the South African Bill of Rights written by I. M. Rautenbach and published by Butterworth-Heinemann. This book was released on 1995 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Archiv des V lkerrechts written by and published by . This book was released on 1997 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: