General Principles Of Law The Role Of The Judiciary
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General Principles Of Law The Role Of The Judiciary
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Author : Laura Pineschi
language : en
Publisher: Springer
Release Date : 2015-06-22
General Principles Of Law The Role Of The Judiciary written by Laura Pineschi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-22 with Law categories.
This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.
General Principles Of Law And International Due Process
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Author : Charles T. Kotuby
language : en
Publisher: Oxford University Press
Release Date : 2017
General Principles Of Law And International Due Process written by Charles T. Kotuby 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 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.
The General Principles Of Constitutional Law In The United States Of America
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Author : Thomas McIntyre Cooley
language : en
Publisher:
Release Date : 1880
The General Principles Of Constitutional Law In The United States Of America written by Thomas McIntyre Cooley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1880 with Constitutional law categories.
The General Principles Of Constitutional Law In The United States Of America
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Author : Thomas McIntyre Cooley
language : en
Publisher:
Release Date : 1898
The General Principles Of Constitutional Law In The United States Of America written by Thomas McIntyre Cooley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1898 with Constitutional law categories.
Judges And Unjust Laws
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Author : Douglas E. Edlin
language : en
Publisher: University of Michigan Press
Release Date : 2010-07-22
Judges And Unjust Laws written by Douglas E. Edlin and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-22 with Law categories.
Are judges legally obligated to enforce an unjust law?
Principles Of Judicial Administration
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Author : William Franklin Willoughby
language : en
Publisher:
Release Date : 1929
Principles Of Judicial Administration written by William Franklin Willoughby and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1929 with Courts categories.
The Sources Of International Law
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Author : Hugh Thirlway
language : en
Publisher: Oxford University Press
Release Date : 2014-02
The Sources Of International Law written by Hugh Thirlway 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 2014-02 with Law categories.
Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
Judges Law And War
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Author : Shane Darcy
language : en
Publisher: Cambridge University Press
Release Date : 2014-08-07
Judges Law And War written by Shane Darcy 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 2014-08-07 with History categories.
This book provides expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.
General Principles Of Law In The Decisions Of International Criminal Courts And Tribunals
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Author : Fabián Raimondo
language : en
Publisher: BRILL
Release Date : 2008-10-02
General Principles Of Law In The Decisions Of International Criminal Courts And Tribunals written by Fabián Raimondo and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-02 with Business & Economics categories.
International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, inter alia because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged ‘subsidiary’ nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.
General Principles Of Law As Applied By International Courts And Tribunals
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Author : Bin Cheng
language : en
Publisher: Cambridge University Press
Release Date : 2006-11-02
General Principles Of Law As Applied By International Courts And Tribunals written by Bin Cheng 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 2006-11-02 with Law categories.
In this book, Cheng aims to inquire into the practical application of the general principles of law by international courts and tribunals.