Abuse Of Rights
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Abuse
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Author : András Sajó
language : en
Publisher: Eleven International Publishing
Release Date : 2006
Abuse written by András Sajó and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Abuse of rights categories.
This book addresses the problem of abuse - not what is commonly understood as 'abuse of human rights' where authorities violate fundamental rights by simply denying them. Rather, it refers to authorities and individuals claiming human (fundamental) rights and the rule of law in ways that violate the fundamental rights of other people. Most contributors to this volume agree that in certain instances fundamental rights are used improperly, with troubling consequences, and that making us aware of such improprieties is necessary for the most efficient and just operation of the constitutional system. Several methods how to approach the issue are covered in this book, ranging from the use of existing doctrinal categories (e.g. conflict of rights) to developing a doctrine of abuse of rights. They help in clarifying improper uses of rights and the rule of law in constitutional and international law. The thought-provoking essays in this book are a welcome contribution to the debate if and how to deal with the negative consequences of rights-based action.
Abuse Of Procedural Rights Comparative Standards Of Procedural
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Author : International Association of Procedural Law
language : en
Publisher: Kluwer Law International B.V.
Release Date : 1999-11-25
Abuse Of Procedural Rights Comparative Standards Of Procedural written by International Association of Procedural Law and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-11-25 with Law categories.
In a very meaningful way, the health of a judicial system may be judged by the care with which its procedural rights are observed. Now, in a book that takes stock of this important element as it is currently used or abused in a number of the world's legal systems, eighteen outstanding scholars approach the subject through an analysis of the following factors: the theoretical and moral implications of procedural abuses the subjects who commit them the typologies of abusive practices the consequences of abusive practices Several authors report on practices in their own countries, revealing distinct evidence of a significant degree of lowered procedural standards in the United States, several European countries, Australia, Japan, and Latin America. General and final reports provide a comparative framework for an analytical study that will repay the study of anyone concerned with the fairness of our legal institutions.
Abuse Of Rights In Public International Law
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Author : Georges Kyriakopoulos
language : el
Publisher:
Release Date : 2018
Abuse Of Rights In Public International Law written by Georges Kyriakopoulos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
Rights And Wrongs Under The Echr
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Author : Paulien De Morree
language : en
Publisher: Intersentia
Release Date : 2016-10-21
Rights And Wrongs Under The Echr written by Paulien De Morree and has been published by Intersentia this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-21 with categories.
Now available in paperback! There exists a certain tension between human rights protection and the concept of abuse of rights. While human rights essentially aim to promote freedom by affirming the basic rights and freedoms citizens enjoy vis-a-vis state authorities, the abuse clause primarily aims to protect the democratic organization of the state against groups and individuals invoking these rights with the aim of undermining it. Furthermore, an analysis of the growing body of case law on this topic shows that the interpretation and application of Article 17 of the European Convention on Human Rights (ECHR) are far from unequivocal. While according to Article 17 ECHR anti-democratic activities may be excluded from the protection of the Convention, clear criteria for determining which activities fit this description are lacking. This has resulted in a rather obscure and inconsistent case-by-case approach. This study seeks to shed light on the prohibition of abuse of rights in Article 17 ECHR in order to contribute to a more coherent interpretation of this provision. To that aim it studies the abuse clause from different perspectives. First, it looks at the historical background of the provision to examine what motivated the drafters to include this prohibition. Then it moves on to the case law of the European Commission of Human Rights and the European Court of Human Rights and to legal doctrine, revealing the difficulties and inconsistencies in the current interpretation of the abuse clause. It also analyzes the interpretation of prohibitions of abuse in other human rights documents to see whether parallels can be drawn with the interpretation of Article 17 ECHR. Based on the insights obtained from these different perspectives, this study puts forward a proposal as to how Article 17 ECHR can best be applied in the future. (Series: School of Human Rights Research, Vol. 78) [Subject: Human Rights Law]
Inchieste Di Diritto Comparato L Abuso Di Diritto
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Author : Mario Rotondi
language : de
Publisher:
Release Date : 1979
Inchieste Di Diritto Comparato L Abuso Di Diritto written by Mario Rotondi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Law categories.
The Unruly Notion Of Abuse Of Rights
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Author : Jan Paulsson
language : en
Publisher: Cambridge University Press
Release Date : 2020-08-06
The Unruly Notion Of Abuse Of Rights written by Jan Paulsson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-06 with Law categories.
Challenges the claim to elevate the theory of abuse of rights to the status of a general principle of law.
Abuse Of Rights Incident To Ownership Of Land In Anglo American And French Law
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Author : John J. Batistich
language : en
Publisher:
Release Date : 1928
Abuse Of Rights Incident To Ownership Of Land In Anglo American And French Law written by John J. Batistich and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1928 with Abuse of rights categories.
Rights And Wrongs Under The Echr
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Author : DE MORREE.
language : en
Publisher:
Release Date : 2014
Rights And Wrongs Under The Echr written by DE MORREE. and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Abuse of rights categories.
Property And Practical Reason
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Author : Adam J. MacLeod
language : en
Publisher: Cambridge University Press
Release Date : 2015-04-30
Property And Practical Reason written by Adam J. MacLeod and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-30 with Law categories.
Presents a moral argument, grounded in natural law, for private property and the limits of rights.
Prohibition Of Abuse Of Law
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Author : Rita de la Feria
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-06-09
Prohibition Of Abuse Of Law written by Rita de la Feria and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-09 with Law categories.
The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.
