Download or read book Le contr le juridictionnel des mesures de la police administrative written by Janina Grasser and published by GRIN Verlag. This book was released on 2012-09-21 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essai de l’année 2010 dans le domaine Droit - Autres systèmes juridiques, Comparaison de droits, note: 16/20, Université Paris-Sorbonne (Paris IV) , langue: Français, résumé: « La liberté est la règle, la restriction de police l ́exception »1. Cette formule du commissaire du gouvernement Corneille résume bien l ́esprit du contrôle du pouvoir de police.Le contrôle du pouvoir de police résulte d ́un compromis entre deux nécessités:Premièrement la nécessité de maintenir l ́ordre public et deuxièmement celle de ne pas porter atteinte aux libertés publiques et individuelles.Maintenir l ́ordre public, ça veut dire assurer la trilogie classique, objective: la sécurité publique, la tranquillité publique et la salubrité publique. En outre une partie de la doctrine considère qu ́il y a d ́autres éléments, des buts secondaires de l ́ordre public: la sauvegarde de l ́esthétique des lieux publiques et la moralité publique.Mais tout d ́abord il faut se demander ce qui est la police administrative. La police administrative peut être définie comme activité qui vise à assurer le maintien de l ́ordre public, sans tendre à la recherche ou à l ́arrestation des auteurs d ́une infraction déterminée. Contrairement à la police administrative la police judiciaire est chargée de constater les infractions à la loi pénale, d ́en rassembler les preuves et d ́en rechercher l ́auteur.Cette distinction est d ́une grande importance pour déterminer le droit applicable et la compétence juridictionnelle. Les litiges de la police judiciaire relèvent du droit privé et des juridictions judiciaires. Cependant les litiges de la police administrative relèvent du droit administratif. Pour la police administrative les juridictions administratives sont compétentes.Le contrôle juridictionnel des mesures de la police administrative est donc à la charge des juge administratif.En outre il faut clarifier ce qui est une « mesure » de la police administrative. Tout d ́abord une mesure de la police administrative est une acte unilatérale.
Download or read book Le contr le juridictionnel de la l galit des actes de police administrative written by Jean Castagné and published by R. Pichon et R. Durand-Auzias. This book was released on 1964 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Le contr le des mesures de police administrative par le juge administratif written by Tarik Zair and published by . This book was released on 2016 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Le Contr le juridictionnel de la l galit des actes de police administrative written by Jean Castagné and published by . This book was released on 1964 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Social Political and Historical Contours of Deportation written by Bridget Anderson and published by Springer Science & Business Media. This book was released on 2012-11-05 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years states across the world have boosted their legal and institutional capacity to deport noncitizens residing on their territory, including failed asylum seekers, “illegal” migrants, and convicted criminals. Scholars have analyzed this development primarily through the lens of immigration control. Deportation has been viewed as one amongst a range of measures designed to control entrance, distinguished primarily by the fact that it is exercised inside the territory of the state. But deportation also has broader social and political effects. It provides a powerful way through which the state reminds noncitizens that their presence in the polity is contingent upon acceptable behavior. Furthermore, in liberal democratic states immunity from deportation is one of the key privileges that citizens enjoy that distinguishes them from permanent residents. This book examines the historical, institutional and social dimensions of the relationship between deportation and citizenship in liberal democracies. Contributions also include analysis of the formal and informal functions of administrative immigration detention, and the role of the European Parliament in the area of irregular immigration and borders. The book also develops an analytical framework that identifies and critically appraises grassroots and sub national responses to migration policy in liberal democratic societies, and considers how groups form after deportation and the employment of citizenship in this particular context, making it of interest to scholars and international policy makers alike. “It is commonly surmised that the increased flows of goods, ideas, finance and people are slowly leading to the dissolution of boundaries between nation-states. However, as the varied and excellent chapters in this collection demonstrate, the enforcement of state power through detention and deportation is still a real and growing feature of contemporary political life. Expulsion has always been a moral sanction (think of Adam and Eve being banished from the Garden of Eden or the ostracism directed against dissidents in ancient Athens, who were forced to leave for ten years). As the editors suggest, deportation remains a means of enforcing a normative order (‘a community of values’), while the authors and editors of this book have expanded the subject-matter to include the deportees’ perspectives and the effects of deportation on families, other potential victims and on those whose social inclusion has been affirmed by the exclusion of others. These studies will enrich and enlarge the study of the more naked forms of state power.” - Robin Cohen, Professor Emeritus of Development Studies, University of Oxford “This wide-ranging, well-researched, and highly informative work is a major contribution to the growing body of scholarship examining the harsh consequences of deportation around the world. The editors have gathered an impressive group of scholars who craft an eclectic view of how deportation has evolved, what it may signify, and how it now works in various settings. With its inclusion of historical, institutional, comparative, and finely-textured, sensitive experiential studies, this book offers an important--if frequently distressing--overview of phenomena that deserve our full attention.” - Daniel Kanstroom, Professor of Law and Director, International Human Rights Program, Boston College Law School
Download or read book Making Better International Law written by and published by . This book was released on 1998 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains the texts of the papers presented at the UN Colloquium, together with a record of those presentations and of the discussions which took place around them.
Download or read book Weak Courts Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Download or read book The Rule of Law in Europe written by María Elósegui and published by Springer Nature. This book was released on 2021-04-20 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term “illiberal democracies” is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union’s sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts’ responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.
Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Crawford Oliver and published by Oxford University Press. This book was released on 2017 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Download or read book La mobilit des personnes en M diterran e de l antiquit l poque moderne written by Claude Moatti and published by Ecole Française de Rome. This book was released on 2004 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: Réunit huit contributions à des tables rondes tenues à Rome et Paris en 2002 et organisées par l'Ecole française de Rome et l'Ecole normale supérieure. Propose des études sur les procédures et les documents administratifs qui, en Europe et autour de la Méditerranée jusqu'au XVIIIe siècle, ont assuré ou non la libre circulation des personnes et ont permis de prouver l'identification des individus.
Download or read book Intergovernmental Relations in Federal Systems written by Cheryl Saunders and published by Oxford University Press, USA. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Published for: Forum of Federations/Forum des faedaerations International Association of Centers for Federal Studies (IACFS)."
Download or read book Cyber Operations and International Law written by François Delerue and published by Cambridge University Press. This book was released on 2020-03-19 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations.
Download or read book International review of administrative sciences written by International Institute of Administrative Sciences and published by . This book was released on 1961 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United Nations Yearbook of the International Law Commission written by United Nations. International Law Commission and published by . This book was released on 1956 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Language Rights in Canada written by Michel Bastarache and published by Editions Y. Blais. This book was released on 1987 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Policy Analysis written by Peter Knoepfel and published by Policy Press. This book was released on 2011 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an English version of a text on public policy analysis originally written for practitioners in Switzerland and France. It presents a model for the analysis of public policy and includes examples of its application in everyday situations. This English version introduces supplementary illustrations and examples from the United Kingdom.
