Current Problems in the Protection of Human Rights

Author: Katja S Ziegler
Publisher: Bloomsbury Publishing
ISBN: 1782250883
Format: PDF, Docs
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While the legal systems of the United Kingdom and Germany differ in essential respects, the current process of 'constitutionalisation' is well recognised on both sides of the Channel. 'Constitutionalisation' manifests itself in the evolution of a constitution and the influence of existing constitutional principles on the ordinary law. Human rights law provides one of the best examples of this process, and the aim of this book is to provide a comparative UK-German perspective on recent developments. First, it addresses human rights questions which arise in both jurisdictions in a similar way such as the tension between liberty and security, absolute rights such as human dignity and the prohibition of torture, and the question how conflicts between human rights are to be resolved and conceptualised. A second theme considers the impact of human rights on different areas of law, in particular administrative law, criminal law, labour law and private law generally. Finally, a third theme focuses on the intersection of national, supra- and international human rights law, in particular after the entry into force of the EU Charter on Fundamental Rights. The book thus reveals convergent and divergent answers to similar problems, examines differences in the impact of human rights on the legal systems under consideration, and traces parallel and distinct debates over and sensitivities about, human rights as well as sensitivities that arise in multi-layer situations in the UK and Germany.

Der Stimmbindungsvertrag

Author: Stefan Schneider
Publisher: Mohr Siebeck
ISBN: 9783161554926
Format: PDF, Docs
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Stimmbindungsvertrage gehoren seit uber 100 Jahren zum gesellschaftsrechtlichen Gestaltungsarsenal. Gleichwohl lassen neuartige Konstellationen aus der gesellschaftsrechtlichen Praxis - jeweils von Neuem - Unsicherheiten uber die Grundlagen der Stimmbindung zu Trage treten. Stefan Schneider wahlt daher einen rechtsprinzipiellen Ansatz. Die Entfaltung der dem Institut der Stimmbindung zugrunde liegenden Prinzipienschicht soll die Bewaltigung der Einzelprobleme auf der Regelebene ermoglichen. Als massgebliche Prinzipien erweisen sich das Prinzip der Vertragsfreiheit, das Trennungsprinzip in Form einer Gestaltungs- und Geltungsexklusivitat sowie das - neben Vertrags-, Testier- und Eigentumsfreiheit als weitere Saule der Privatautonomie zu begreifende - Prinzip der Abstimmungsautonomie. Damit leistet Stefan Schneider zugleich einen Beitrag zum Ineinandergreifen von Theorie und (vertragsgestaltender) Praxis.

Domestic Application of the ECHR Courts as Faithful Trustees

Author: Eirik Bjorge
Publisher: Oxford University Press
ISBN: 0191061336
Format: PDF, Mobi
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Domestic courts are entrusted with the application of the European Convention on Human Rights (ECHR), as faithful trustees of the rights protected in the Convention. This book analyses the way in which the domestic courts in the United Kingdom, France, and Germany apply the ECHR and how, applying the Convention, they define their relationship with the European Court of Human Rights. Contrary to what others have contended, the book argues that it is not true descriptively, nor desirable normatively, that the domestic courts approach the ECHR based upon friction and assertion of sovereignty vis-à-vis the European Court. The proper role played by thedomestic courts, and the one which they have taken on them to perform in fact, is to apply the Convention in all good faith, building on the principles of the Convention as set out in the jurisprudence of the European Court. But if domestic courts are in a position to apply the ECHR in the first place, it isbecause the application of the Convention has been entrusted to them by the other organs of the municipal state; in certain cases municipal principles of the separation of powers have an important bearing on domestic interpretation and application of the Convention.Domestic Application of the ECHR: Courts as Faithful Trustees shows that, through their faithful application of the ECHR, domestic courts can - and do - make a positive contribution to the development of the law of the Convention.

Rule of Law Human Rights and Judicial Control of Power

Author: Rainer Arnold
Publisher: Springer
ISBN: 3319551868
Format: PDF, ePub, Docs
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Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

The Max Planck Handbooks in European Public Law

Author: Sabino Cassese
Publisher: Oxford University Press
ISBN: 0198726406
Format: PDF
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The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.

The Oxford Handbook of the History of International Law

Author: Bardo Fassbender
Publisher: Oxford University Press
ISBN: 0199599750
Format: PDF, Kindle
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This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it.

The Enforcement of EU Law and Values

Author: András Jakab
Publisher: Oxford University Press
ISBN: 0198746563
Format: PDF, ePub
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Examining the growing issue of EU Member States' defiance in the face of EU law, this volume outlines the development and history of this crisis, and offers a theoretical and comparative analysis of the difficulties the EU is facing in their attempts to enforce Member State to comply with European integration, suggesting solutions for the future.

Global Media Apocalypse

Author: Jeff Lewis
Publisher: Springer
ISBN: 1137005459
Format: PDF, Kindle
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The modern world seems trapped between fantasies of infinite pleasure and the prospects of total global catastrophe. Global Media Apocalypse explores these contrary imaginings through an evolving cultural ecology of violence. Articulated through the global media, these apocalyptic fantasies express a profoundly human condition of crisis.