Due Process Of Law Beyond The State
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Due Process Of Law Beyond The State
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Author : Giacinto Della Cananea
language : en
Publisher: Oxford University Press
Release Date : 2016
Due Process Of Law Beyond The State written by Giacinto Della Cananea and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
Analysing both national and transnational processes, this volume offers an integrated viewpoint of the principles governing the procedural due process requirements of regional and global regulatory regimes.
Due Process Of Law Beyond The State
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Author : Giacinto Della Cananea
language : en
Publisher:
Release Date : 2016
Due Process Of Law Beyond The State written by Giacinto Della Cananea and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Administrative procedure categories.
Analysing both national and transnational processes, this volume offers an integrated viewpoint of the principles governing the procedural due process requirements of regional and global regulatory regimes.
Due Process Beyond The State
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Author : Michael Ioannidis
language : en
Publisher:
Release Date : 2012
Due Process Beyond The State written by Michael Ioannidis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Due Process Of Law Beyond The State
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Author : Giacinto della Cananea
language : en
Publisher: Oxford University Press
Release Date : 2016-09-15
Due Process Of Law Beyond The State written by Giacinto della Cananea and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-15 with Law categories.
Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those public authorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization. Analysing the procedural due process requirements applicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, such as good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect when interpreting standards of justice.
Core Concepts In Criminal Law And Criminal Justice
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Author : Kai Ambos
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-16
Core Concepts In Criminal Law And Criminal Justice written by Kai Ambos 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 2020-01-16 with Law categories.
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Beyond Constitutionalism
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Author : Nico Krisch
language : en
Publisher: Oxford University Press, USA
Release Date : 2010-10-28
Beyond Constitutionalism written by Nico Krisch and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-28 with Law categories.
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
The Oxford Handbook Of Comparative Administrative Law
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Author : Peter Cane
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-01-17
The Oxford Handbook Of Comparative Administrative Law written by Peter Cane and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-17 with Law categories.
In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.
Magna Carta And Due Process Of Law
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Author : Thomas H. Burrell
language : en
Publisher: Common Consent Press
Release Date : 2016-03-08
Magna Carta And Due Process Of Law written by Thomas H. Burrell and has been published by Common Consent Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-08 with History categories.
Magna Carta and Due Process of Law: The Road to American Judicial Activism provides a superb history of the rise of Parliament and the American Constitution. Unlike other authors covering this topic, Thomas Burrell examines American courts and discusses judicial activism. The due process language in the Magna Carta and English history reveals a strenuous effort to establish and protect participatory government from the arbitrary king ruling by will. In America, the framers of state and federal constitutions copied the language. Courts and common-law constitutionalism, however, rewrote the concept of the language. American courts have championed substantive due process to the detriment of representative government. After introducing the subject matter, Burrell provides a brief history of medieval political theory. The theory of kingship is examined and discussed. In the third chapter, we learn of Henry II’s rule per voluntatem as well as his assizes and the birth of the common law. The fourth chapter discusses King John and his fight with the barons leading up to the 1215 Magna Carta. With the Magna Carta, the barons established a foothold in the fight against the arbitrary king. The fifth chapter examines the remainder of the thirteenth century. With additional reform efforts, the barons took the gains of the Magna Carta to another level. Following Henry III’s reign, Edward I was a good king who ruled with his Council in Parliament. The sixth chapter discusses the rise of participatory government in the fourteenth century. During Edward II’s reign, the barons and Ordainers infiltrated the king’s Council in Parliament and transformed Parliament into a baronial system with lords and peers. In this chapter, the Commons’ petition is discussed along with the Council and the common law. Knights and burgesses, the Commons, frequently complained of royal or conciliar encroachment on the common law and Parliament’s law of the land—the need to safeguard due process of law from arbitrary forces. The seventh chapter summarizes medieval English legal history and the High Court of Parliament. Burrell makes several observations about the English Constitution. The eighth chapter carries the English Constitution into the seventeenth century. Briefly, this chapter notes conflict during the Stuarts and the resulting changes to the English form of government. Many of the gains introduced with the Magna Carta and fourteenth-century reforms were realized in the seventeenth century. The ninth chapter discusses the American Constitution and the Fifth Amendment. The Fifth Amendment uses language directly from Magna Carta’s Chapter 39. The tenth chapter examines judicial activism and substantive due process in the state and federal courts. American judges in the early nineteenth century struggled with language and fused variable meanings and constitutional common law to the concept of due process of law. Ultimately, judges inverted the original meaning from protecting participatory government to creating arbitrary government in the judiciary. One case precedent provided authority for the next until a complete fabrication of the concept was achieved. America became a judicial state. In this judicial state, judges have the power to socially reengineer society by inventing constitutional restrictions on representative government. The people are left out of the equation. Whether you are on the American or English side of the Atlantic, you’ll find Magna Carta and Due Process of Law: The Road to American Judicial Activism educational and rewarding. Have a position on gay marriage, abortion, equal rights, religious liberty, or the death penalty? Improve your knowledge and argument with Magna Carta and Due Process of Law. In the process, you’ll learn about English legal history, the American Constitution, the Bill of Rights, and the United States Supreme Court.
General Principles Of Law And International Due Process
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Author : Charles T. Kotuby, Jr.
language : en
Publisher: Oxford University Press
Release Date : 2017-02-15
General Principles Of Law And International Due Process written by Charles T. Kotuby, Jr. and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-15 with Law categories.
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Undue Process
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Author : Michael E. Norris
language : en
Publisher: Cognella Academic Publishing
Release Date : 2015-08-07
Undue Process written by Michael E. Norris and has been published by Cognella Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-07 with categories.
""Undue Process" raises the reader's awareness of an important constitutional issue that has yet to receive significant attention despite its impact on contemporary life, law, and society. The book analyzes how the vast expansion of private security has undermined the constitutional rights to due process and equal protection. Most analyses of the expansion of private security have focused on the way this type of security encroaches on the right to privacy. "Undue Process" moves beyond this question to examine the way in which privatized law enforcement has begun to erode America's historic commitment to equality under the law. The opening chapters of the text explain the world of private security and examine how it has rapidly expanded due to budget-conscious limits on police capacity. Additional chapters explore the public-private hybrid form of law enforcement that has emerged in America as a result, along with specific constitutional issues raised by netlaw, private prisons, and the activities of bounty hunters. "Undue Process" is well suited to political science and government courses and classes on criminal justice, constitutional law, and police procedures. Michael Norris earned his Ph.D. in political science at the University of Nevada, Reno and now teaches college-level political science courses in Texas. In addition, Dr. Norris is an award-winning investigative journalist and editor. He has written numerous articles on wide-ranging topics, including the relationship between the media and the courts, and is the author of "Reinventing the Administrative State" from University Press of America."