Download or read book Reports of Cases Decided by the Supreme Constitutional Court of Cyprus written by Cyprus. Supreme Constitutional Court and published by . This book was released on 1963 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Constitutions in European and Global Governance Democracy Rights the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Download or read book The Cyprus Law Reports written by Cyprus. High Court of Justice and published by . This book was released on 1970 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutionalism Human Rights Separation of Powers written by G. M. Pikis and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution incorporates human rights as a dominant feature of its order pervading every aspect of the law and has been the sole source of authority, with the Judiciary cast as a watchdog trusted to ensure that no branch of the State transgresses the boundaries of its powers. The book chronicles through the case law of the Supreme Court, a precedent of constitutionalism worthy of the attention of every scholar of constitutional law.
Download or read book The Cyprus Law Reports written by Cyprus. Anōtaton Dikastērion and published by . This book was released on 1966 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rationing the Constitution written by Andrew Coan and published by Harvard University Press. This book was released on 2019-04-29 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
Download or read book The Judicial Application of Human Rights Law written by Nihal Jayawickrama and published by Cambridge University Press. This book was released on 2002-12-12 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: 10 The right to life
Download or read book Recueil Des Cours Collected Courses 1965 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Download or read book The Jurisprudence of Constitutional Conflict in the European Union written by Ana Bobić and published by Oxford University Press. This book was released on 2022-05-12 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and comprehensive account of the jurisprudence of constitutional conflict between the Court of Justice and national courts with the power of constitutional review. This monograph addresses the incidences of, and reasons for, constitutional clashes in the application and enforcement of EU law. It aims to determine how the principle of primacy of EU law works in reality and whether the jurisprudence of the courts under analysis supports this concept. To this end, the book explores the three areas of constitutional conflict: ultra vires review, identity review, and fundamental rights review. The book substantiates the descriptive and strengthens the normative contributions of the theory of constitutional pluralism in relation to the web of relations in the European judicial space. By examining the influence that the jurisprudence of constitutional conflict has on the balance of powers between the Court of Justice and constitutional courts, the volume develops the judicial triangle as an analytical tool that depicts the consequences for the horizontal (constitutional courts vis-à-vis the Court of Justice) and vertical judicial relationships (Court of Justice vis-à-vis ordinary national courts; constitutional courts vis-à-vis ordinary national courts). By offering a thorough compilation of the jurisprudence of constitutional conflict in the EU, The Jurisprudence of Constitutional Conflict in the European Union improves our understanding of the principle of primacy of EU law and its limits, as well as reinforces the theory of constitutional pluralism in explaining and guiding judicial power relations and interactions in the EU.
Download or read book The Statute Laws of Cyprus written by Cyprus and published by . This book was released on 1902 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Report Cyprus written by Cyprus. Grapheion Dēmosiōn Plērophoriōn and published by . This book was released on 1961 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Family and Succession Law in Cyprus written by Achilles C. Emilianides and published by Kluwer Law International B.V.. This book was released on 2019-01-14 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Cyprus covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Cyprus. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
Download or read book Nicholls Montgomery and Knowles on The Law of Extradition and Mutual Assistance written by Clive Nicholls QC and published by Oxford University Press, USA. This book was released on 2013-03-14 with total page 877 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nicholls, Montgomery, and Knowles on The Law of Extradition and Mutual Assistance provides a comprehensive and analytical treatment of the laws covering the extradition and mutual assistance agreements, as well as international mutual assistance. Provides extensive treatment of both extradition and mutual assistance in one text.
Download or read book Constitutional Review in Western Europe written by Kálmán Pócza and published by Taylor & Francis. This book was released on 2024-04-16 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. Yet the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre has never been examined accurately and systematically. This volume fills this gap in the literature. To explore the diversity and measure the strength of judicial decisions, the authors have elaborated a new methodology that is intended to give a more nuanced picture of the practice of constitutional adjudication in Europe. The work opens with an assessment of the existing literature on empirical analysis of judicial decisions with a special focus on Western Europe and a short summary of the methodology of the project. This is followed by 11 country studies and a concluding chapter providing a comprehensive comparative analysis of the results. A further ten countries are explored in the counterpart volume to this book: Constitutional Review in Central and Eastern Europe: Judicial-Legislative Relations in Comparative Perspective. The collection will be an invaluable resource for those working in the areas of empirical legal research and comparative constitutional law, as well as political scientists interested in judicial politics.
Download or read book The Fundamental Right to Data Protection written by Maria Tzanou and published by Bloomsbury Publishing. This book was released on 2017-06-01 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the entry into force of the Lisbon Treaty, data protection has been elevated to the status of a fundamental right in the European Union and is now enshrined in the EU Charter of Fundamental Rights alongside the right to privacy. This timely book investigates the normative significance of data protection as a fundamental right in the EU. The first part of the book examines the scope, the content and the capabilities of data protection as a fundamental right to resolve problems and to provide for an effective protection. It discusses the current approaches to this right in the legal scholarship and the case-law and identifies the limitations that prevent it from having an added value of its own. It suggests a theory of data protection that reconstructs the understanding of this right and could guide courts and legislators on data protection issues. The second part of the book goes on to empirically test the reconstructed right to data protection in four case-studies of counter-terrorism surveillance: communications metadata, travel data, financial data and Internet data surveillance. The book will be of interest to academics, students, policy-makers and practitioners in EU law, privacy, data protection, counter-terrorism and human rights law.
Download or read book International Law and the Relationality of States written by Erdem Ertürk and published by Taylor & Francis. This book was released on 2023-03-23 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically engages with theories of the recognition of states under international law. Demonstrating that recognition is a constitutive relation that is imperative for the construction of international subjects, the book argues that prevalent theories of recognition fall short of accommodating this imperative. The book traces the source of this shortcoming to Vattel’s notion of absolute sovereignty. A paradox pertains to this notion as absolutely independent states seemingly come into being in a community which sets the law that determines statehood. The book shows how this paradox is reproduced in constitutive theorists’ idea of recognition as a sovereign gesture of consent and declarative theorists’ perception that states can come into being on a singular basis, without any need for interaction. This necessitates a rethinking of the role of recognition in a way that circumvents the problems generated by the notion of absolute independence, whilst accommodating the relational element of coming into being. To achieve this purpose, the book draws upon Hegel’s theory of recognition, supplementing it with Bataille’s and Derrida’s critical readings of Hegel’s thought. In this respect, the book departs from the restrictive economy of recognition that constantly recreates a paradoxical perception of sovereignty, elaborating a more general economy of recognition that accommodates the notion of subjects in flux. This critical engagement with a key notion in international law will appeal to legal and political theorists, as well as scholars and students in international relations.
Download or read book The Limits of Transnational Law written by Guy S. Goodwin-Gill and published by Cambridge University Press. This book was released on 2010-03-18 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.
