El Dec Logo De Juez Como Cerebro Jur Dico Del Constitucionalismo Moderno
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A Theory Of Constitutional Rights
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Author : Robert Alexy
language : en
Publisher:
Release Date : 2010
A Theory Of Constitutional Rights written by Robert Alexy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.
Judiciaries Within Europe
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Author : John Bell
language : en
Publisher: Cambridge University Press
Release Date : 2006-08-10
Judiciaries Within Europe written by John Bell 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 2006-08-10 with Law categories.
An in-depth study, originally published in 2006, of the careers and roles of judges in France, Germany, Spain, Sweden and England, this book is based on original language materials and investigations of judges and judicial institutions in each country. On the basis of these detailed case studies, the book suggests factors that shape the character of the judiciary in different countries, focusing on issues such as women's careers and the relationship between judicial careers and politics. Bell's investigations offer lessons on issues which the English judiciary was having to confront in the period of reform at the time of this book's publication.
Civil Litigation In A Globalising World
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Author : X.E. Kramer
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-02-02
Civil Litigation In A Globalising World written by X.E. Kramer and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-02 with Law categories.
Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.
Advisory Opinion Oc 3 83 Of September 8 1983
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Author : Inter-American Court of Human Rights
language : es
Publisher:
Release Date : 1984
Advisory Opinion Oc 3 83 Of September 8 1983 written by Inter-American Court of Human Rights and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Law categories.
The Force Of Law
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Author : Frederick Schauer
language : en
Publisher: Harvard University Press
Release Date : 2015-02-10
The Force Of Law written by Frederick Schauer and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-10 with Business & Economics categories.
Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law
Marbury Versus Madison
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Author : Mark A. Graber
language : en
Publisher: CQ Press
Release Date : 2002-11-18
Marbury Versus Madison written by Mark A. Graber and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-11-18 with Biography & Autobiography categories.
Combines documents and analytical essays timed for the bicentennial in 2003. It explains the constitutional, political, philosophical background to judicial review, the historical record leading to this landmark case and the impact of the decision since 1803.
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Author : 周曉存
language : zh-TW
Publisher: 飛翔時代
Release Date :
written by 周曉存 and has been published by 飛翔時代 this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Secularism And Freedom Of Conscience
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Author : Jocelyn Maclure
language : en
Publisher: Harvard University Press
Release Date : 2011-10-24
Secularism And Freedom Of Conscience written by Jocelyn Maclure and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-24 with Religion categories.
Secularism: the definition of this word is as practical and urgent as income inequalities or the paths to sustainable development. In this wide-ranging analysis, Jocelyn Maclure and Charles Taylor provide a clearly reasoned, articulate account of the two main principles of secularism—equal respect, and freedom of conscience—and its two operative modes—separation of Church (or mosque or temple) and State, and State neutrality vis-à-vis religions. But more crucially, they make the powerful argument that in our ever more religiously diverse, politically interconnected world, secularism, properly understood, may offer the only path to religious and philosophical freedom. Secularism and Freedom of Conscience grew out of a very real problem—Quebec’s need for guidelines to balance the equal respect due to all citizens with the right to religious freedom. But the authors go further, rethinking secularism in light of other critical issues of our time. The relationship between religious beliefs and deeply-held secular convictions, the scope of the free exercise of religion, and the place of religion in the public sphere are aspects of the larger challenge Maclure and Taylor address: how to manage moral and religious diversity in a free society. Secularism, they show, is essential to any liberal democracy in which citizens adhere to a plurality of conceptions of what gives meaning and direction to human life. The working model the authors construct in this nuanced account is capacious enough to accommodate difference and freedom of conscience, while holding out hope for a world in which diversity no longer divides us.
The Medieval Prison
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Author : G. Geltner
language : en
Publisher: Princeton University Press
Release Date : 2014-02-24
The Medieval Prison written by G. Geltner and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-24 with History categories.
The modern prison is commonly thought to be the fruit of an Enlightenment penology that stressed man's ability to reform his soul. The Medieval Prison challenges this view by tracing the institution's emergence to a much earlier period beginning in the late thirteenth century, and in doing so provides a unique view of medieval prison life. G. Geltner carefully reconstructs life inside the walls of prisons in medieval Venice, Florence, Bologna, and elsewhere in Europe. He argues that many enduring features of the modern prison--including administration, finance, and the classification of inmates--were already developed by the end of the fourteenth century, and that incarceration as a formal punishment was far more widespread in this period than is often realized. Geltner likewise shows that inmates in medieval prisons, unlike their modern counterparts, enjoyed frequent contact with society at large. The prison typically stood in the heart of the medieval city, and inmates were not locked away but, rather, subjected to a more coercive version of ordinary life. Geltner explores every facet of this remarkable prison experience--from the terror of an inmate's arrest to the moment of his release, escape, or death--and the ways it was viewed by contemporary observers. The Medieval Prison rewrites penal history and reveals that medieval society did not have a "persecuting mentality" but in fact was more nuanced in defining and dealing with its marginal elements than is commonly recognized.
The Constitution Of England
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Author : Jean Louis de Lolme
language : en
Publisher:
Release Date : 1776
The Constitution Of England written by Jean Louis de Lolme and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1776 with Constitutional history categories.