Am Wendepunkt
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Abuse Of Fundamental Rights
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Author : Fabio Carvalho de Alvarenga Peixoto
language : en
Publisher: Fabio Carvalho de Alvarenga Peixoto
Release Date : 2023-11-20
Abuse Of Fundamental Rights written by Fabio Carvalho de Alvarenga Peixoto and has been published by Fabio Carvalho de Alvarenga Peixoto this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-20 with Law categories.
The book is an adaptation of part of the author's PhD thesis, which won the international prize Prémio FIBE, and was voted one of the three best in Brazil, in the field of Law, in 2023. It addresses the appropriation of the private law notion of abuse of rights by the theory of fundamental rights. It also presents guidelines for an appropriate use of the discourse of abuse of fundamental rights (highly dependent on a Dogmatics of scope, approached according to a model of groups of cases). Fabio Carvalho de Alvarenga Peixoto PhD in Constitutional Law (Universidade de Fortaleza - Brazil). State Attorney. Private lawyer. Winner of the international prize Prémio FIBE, and of an honorable mention in the Capes (Brazilian Ministry of Education) PhD Thesis Award 2023. INTRODUCTION 1 THE GENERAL NOTION OF ABUSE OF FUNDAMENTAL RIGHTS 1.1 Admission by Literature of the Abuse of Fundamental Rights 1.1.1 Unconscious phase 1.1.2 Constructive Phase of Incipient Dogmatization 1.1.3 Constructive Phase of Peripheral Systematization 1.2 Delimitation of the Abuse of Fundamental Rights in the Face of the Verwirkung of Fundamental Rights 1.3 Presuppositions of the Notion of Abuse of Fundamental Rights 1.3.1 Fundamental Right Permission Granted by ‘Abstract’ Interpretation of the Constitutional (or with Constitutional Status) Text or of a Judicial Decision Interpreting the Constitution 1.3.2 Prohibition ‘Discovered’ by Judge, Outside the Limits of ‘Abstract’ Interpretation of the Normative Text 2 FROM PRIVATE LAW DOCTRINES OF ABUSE OF RIGHTS TO A THEORY OF ABUSE OF FUNDAMENTAL RIGHTS 2.1 The Effectiveness of Fundamental Rights Between Private Individuals (Drittwirkung) as a Bridge Between Private Law Doctrines of Abuse of Rights and the Theory of Fundamental Rights 2.2 Problems of Using the Approaches of the Private Law Doctrines of Abuse of Rights in the Theory of Fundamental Rights 2.2.1 The Problem of the Controllability of State Interventions in Fundamental Rights 2.2.1.1 Creation of Law Outside the Limits of the Normative Text 2.2.1.2 Lack of Control Parameters of the Definitory Approaches 2.2.2 The Problem of the Risk of Eliminating the Individual Function of the Fundamental Right 2.2.3 The Problem of the Confusion with the Dogmatics of the Limits of Fundamental Rights 2.2.3.1 Dogmatic Autonomy of Abuse of Fundamental Rights vis-à-vis the Doctrines of Limits of Fundamental Rights 2.2.3.2 The Relation Between Abuse of Fundamental Rights and Dogmatic Conceptions of the Broadness of the Tatbestände of Fundamental Rights 3 CONTROL OF THE RATIONALITY OF THE DISCOURSE OF ABUSE OF FUNDAMENTAL RIGHTS AS A JUSTIFICATORY “SHORTCUT” 3.1 Needless for a Constitutional General Clause to Restrain Abuse of Fundamental Rights 3.2 The Need for a Singular Dogmatics 3.3 Identification of the Abuse of Fundamental Rights as a Task of Peripheral Systematization Grounded on Concrete Evaluations 4 UNACCEPTABLE APPROACHES TO THE ABUSE OF FUNDAMENTAL RIGHTS 4.1 Abuse of Fundamental Rights Without Parameters 4.2 Abuse of Fundamental Rights as Inadmissible Form of Exercise 4.3 Abuse of Fundamental Rights as Synonym for Exceeding a Limit 4.4 Abuse of Fundamental Rights as Typical Unlawfulness 4.5 Abuse of Fundamental Rights as Fraud Against the Law 4.6 Abuse of Fundamental Rights as Unreasonableness 4.7 Abuse of Fundamental Rights as Result of Alexyan Balancing 4.8 Abuse of Fundamental Rights as Disproportionality (Abuse of Fundamental Rights as Result of Means-End Balancing) 5 ACCEPTABLE APPROACHES TO THE ABUSE OF FUNDAMENTAL RIGHTS 5.1 Inadmissible Harmful Intent 5.2 Dogmatization of the Normative Scope 5.2.1 Direct Dogmatization 5.2.2 Indirect Dogmatization 5.3 Violation of Objective Good Faith 5.4 Violation of Good Customs 6 GROUPS OF ABUSE OF FUNDAMENTAL RIGHTS CASES AS LIMITS OF THE LIMITS CONCLUSION
Radicalism And Political Reform In The Islamic And Western Worlds
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Author : Kai Hafez
language : en
Publisher: Cambridge University Press
Release Date : 2010-05-24
Radicalism And Political Reform In The Islamic And Western Worlds written by Kai Hafez 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 2010-05-24 with Political Science categories.
Over the last decade, political Islam has been denounced in the Western media and in the surrounding literature as a terrorist or fascist movement that is entirely at odds with Western democratic ideology. Kai Hafez's book overturns these arguments, contending that, despite its excesses, as a radical form of political opposition the movement plays a central role in the processes of democratization and modernization, and that these processes have direct parallels in the history and politics of the West. By analyzing the evolution of Christian democratization through the upheavals of the Reformation, colonisation, fascism, and totalitarianism, the book shows how radicalism and violence were constant accompaniments to political change, and that these components - despite assertions to the contrary - are still part of Western political culture to this day.
Am Wendepunkt
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Author : Anne Bancroft
language : en
Publisher:
Release Date : 1976
Am Wendepunkt written by Anne Bancroft and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with categories.
Cincinnati Public Library
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Author :
language : en
Publisher:
Release Date : 1884
Cincinnati Public Library written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1884 with categories.
The Value Of Privacy
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Author : Beate Roessler
language : en
Publisher: Polity
Release Date : 2005
The Value Of Privacy written by Beate Roessler and has been published by Polity this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
This new book by Beate Rössler is a work of real quality and originality on an extremely topical issue: the issue of privacy and the relations between the private and the public. Rössler investigates the reasons why we value privacy and why we ought to value it. In the context of modern, liberal societies, Rössler develops a theory of the private which links privacy and autonomy in a constitutive way: privacy is a necessary condition to lead an autonomous life. The book develops a theory of freedom and autonomy which sees the ability to pose the “practical question” of how one wants to live, of what a person strives to be, at the centre of the modern idea of autonomy. The question of privacy is emerging as an increasingly important topic in social and political theory and is central to many current debates in law, the media and politics. The Value of Privacy will be widely recognised to be a classic contribution to the subject.
The Many Faces Of Germany
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Author : John A. McCarthy
language : en
Publisher: Berghahn Books
Release Date : 2004-04-01
The Many Faces Of Germany written by John A. McCarthy and has been published by Berghahn Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-04-01 with Social Science categories.
With the fall of the Berlin Wall and the shifting of American foreign policy away from "old" Europe, long-established patterns of interaction between Germany and the U.S. have come under review. Although seemingly disconnected from the cultural and intellectual world, political developments were not without their influence on the humanities and their curricula during the past century. In retrospect, we can speak of the many different roles Germany has played in American eyes. The Many Faces of Germany seeks to acknowledge the importance of those incarnations for the study of German culture and history on both sides of the Atlantic. One of the major questions raised by the contributors is whether the transformations in the transatlantic dynamics and in the importance of Germany for the U.S. have had a major influence on the study of things German in the U.S. internally. The volume gathers together leading voices of the older and younger generations of social historians, literary scholars, film critics, and cultural historians.
A Transverse Dreamer
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Author : Bob Becking
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2023-07-24
A Transverse Dreamer written by Bob Becking and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Religion categories.
The final text of the Book of Micah provokes a series of questions: - Can the Book be read as a coherent composition or is it the result of a complex redaction history? - Was Micah a prophet of doom whose literary heritage was later softened by the inclusion of oracles of salvation? The essays in this book center around these questions. Some of them are of a more general character, while others analyze specific passages. Some articles discuss the Book of Micah by looking at specific themes (prophecy; religious polemics; metaphors). The others are concerned with the proclamation of a peaceful future (Micah 4:1-5); the famous moral incentive in Micah 6:8 and the question of prophetic and divine gender in Micah 7:8-13. They have two features in common: - A thorough reading of the Hebrew text informed by grammar and syntax. - A comparative approach: the Book of Micah is seen as part of the ancient Near Eastern culture. All in all, the author defends the view that the Book of Micah contains three independent literary elements: Micah 1: a prophecy of doom; Micah 2-5 a two-sided futurology, and 6-8 a later appropriation of Micah’s message.
Speaking The Taboo
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Author : Paul Cooke
language : en
Publisher: BRILL
Release Date : 2021-11-22
Speaking The Taboo written by Paul Cooke and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-22 with Language Arts & Disciplines categories.
Wolfgang Hilbig is a writer who is widely acknowledged as one of the most important to have emerged from the former GDR. In this study, the first in English, Paul Cooke explores the interplay of aesthetic and social ‘taboos’, as defined by the official discourse of the GDR, in a cross-section of Hilbig’s critical writing, poetry and prose. The protagonists in Hilbig’s texts suffer from a profound crisis of identity due to the disparity between the state’s official presentation of life in the East and their own experience. Cooke argues that through their exploration of the ‘taboo’, i.e. that which is excluded from the state’s official discourse, Hilbig’s characters attempt to break through the banal rhetoric of the ruling elite in order to realise an authentic sense of self.
Catalogue Of The New York Free Circulating Library Ottendorfer Branch At 135 Second Avenue Founded In 1884
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Author : New York Free Circulating Library. Ottendorfer Branch
language : en
Publisher:
Release Date : 1884
Catalogue Of The New York Free Circulating Library Ottendorfer Branch At 135 Second Avenue Founded In 1884 written by New York Free Circulating Library. Ottendorfer Branch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1884 with Library catalogs categories.
Catalogue Of The New York Free Circulating Library
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Author : New York Free Circulating Library. Ottendorfer Branch
language : en
Publisher:
Release Date : 1884
Catalogue Of The New York Free Circulating Library written by New York Free Circulating Library. Ottendorfer Branch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1884 with categories.