Germany S Equality Of Rights As Legal Problem
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Germany S Equality Of Rights As Legal Problem
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Author : Viktor Bruns
language : en
Publisher:
Release Date : 1935
Germany S Equality Of Rights As Legal Problem written by Viktor Bruns and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1935 with Germany categories.
Germany S Equality Of Rights As Legal Problem
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Author : Viktor Bruns
language : en
Publisher:
Release Date : 1935
Germany S Equality Of Rights As Legal Problem written by Viktor Bruns and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1935 with Germany categories.
Germany S Equality Of Rights As Legal Problem Paper Read At The First Plenary Meeting Of The Academy Of German Law On November 5 1933
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Author : Viktor Bruns
language : en
Publisher:
Release Date : 1935
Germany S Equality Of Rights As Legal Problem Paper Read At The First Plenary Meeting Of The Academy Of German Law On November 5 1933 written by Viktor Bruns and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1935 with categories.
Contemporary Issues In Human Rights Law
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Author : Yumiko Nakanishi
language : en
Publisher: Springer
Release Date : 2017-10-05
Contemporary Issues In Human Rights Law written by Yumiko Nakanishi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-05 with Law categories.
This book is published open access under a CC BY-NC-ND 4.0 license. This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.
Debating Women S Equality
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Author : Ute Gerhard
language : en
Publisher: Rutgers University Press
Release Date : 2001
Debating Women S Equality written by Ute Gerhard and has been published by Rutgers University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Equality categories.
Gerhard (sociology, Johann Wolfgang Goethe University, Germany) examines equality as a principle and practice of law in history, and legal theory from a feminist perspective. She reviews the history of the women's movement in the 19th and 20th centuries, with a focus on Germany, and examines three major legal issues: women's rights in the public sphere, women's legal capacities in private law, and women's human rights. This work was first published in German in 1990 (C.H. Beck'sche Verlagsbuchhandlung); this American edition, somewhat revised, was translated by Allison Brown and Belinder Cooper and includes a new foreword. c. Book News Inc.
Comparison Of The Equality And Participation Rights In The Constitutions Of Turkey China And Germany
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Author : Kaan Akkanat
language : en
Publisher: GRIN Verlag
Release Date : 2015-02-18
Comparison Of The Equality And Participation Rights In The Constitutions Of Turkey China And Germany written by Kaan Akkanat and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-18 with Law categories.
Essay from the year 2014 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: 1.00, Jacobs University Bremen gGmbH, course: Introduction to Law, language: English, abstract: This section of our analysis will be devoted to the cross comparison of Turkish, German and Chinese constitutions’ coverage and interpretations of the equality and participation rights. Following the similar methodological line with the “Freedom of Speech and Expression” and “Division of Power” sections, this section will first provide an understanding of where and how these selected countries stand on the parameters of equality and participation rights. The focus of our discussion will then shift to our trilateral constitutional comparison and how they differ from each other in terms of wording, sequence and the emphasis. The drawn ‘picture’ of equality and participation rights will then be framed by taking advantage of well-known court cases from these countries. After the court-case application phase, the section will consequently exhibit the findings related to the trilateral comparison. Equality and participation rights are two particular concepts which are applicable to various dimensions of social sciences. Having law as our natural focus, the discussion about the equality will mainly focus on equality before law. In his “Critique of the Gotha Program”, Karl Marx defines this focus with following words; “Equality before the law is a basic right in the constitutions of democratic countries, and its content appears in all conventions on human rights”(Marx, 1875). In terms of equality, the gender and minority equality/inequality will be the main points of concern. Along with this, the importance of political participation rights will also be stretched throughout the section. As Fabienne Peter suggests, there is a tendency to exclude political participation rights from the minimal lists of human rights as it does not necessarily affect the survival or some basic life functions (Peter, 2013). Peter opposes to this general tendency “I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists” (Peter, 2013). Parallel to Peter’s insistence on necessity of being sharp about the rights for political participation, our section will majorly focus on the defined parliament compositions, voting and candidacy rights andelectoral threshold enforcements.
Germany S Equality Of Rigths As Legal Problem
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Author : Viktor Bruns
language : de
Publisher:
Release Date : 1935
Germany S Equality Of Rigths As Legal Problem written by Viktor Bruns and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1935 with categories.
Human Rights In Private Law
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Author : Dan Friedmann
language : en
Publisher: Bloomsbury Publishing
Release Date : 2002-03-12
Human Rights In Private Law written by Dan Friedmann and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-03-12 with Law categories.
Traditionally,the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. This book examines this important topic, which may revolutionize private law. It presents new approaches which strive to broaden the application of human rights to the private field on the ground that power can be abused and human rights can be infringed even when all parties are private. The subject is examined from theoretical and comparative perspectives by leading scholars representing a diversity of legal systems - the United States, Canada, England, South Africa, Germany and Israel. Among the contributors are Professor Todd Rakoff (Harvard), Professor Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and Professor Lorraine Weinrib (Toronto), Professor Christian Starck (Gottingen), Professor Andreas Heldrich (Munich) and others.
The Logic Of Equality
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Author : Eric Heinze
language : en
Publisher: Routledge
Release Date : 2018-05-08
The Logic Of Equality written by Eric Heinze and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-08 with Law categories.
This title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.
Country Report Gender Equality
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Author :
language : en
Publisher:
Release Date : 2020
Country Report Gender Equality written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
The German legal system is a federal, statutory law system. The centre of legal thought and practice is the parliamentary statute (although the practice - as we will see - is far more differentiated and fuzzy). The system is hierarchical: federal law takes precedence over state law, and every law has to be in compliance with the Constitution. Due to the federal system, legislative powers are distributed between the federal and the state (Land) level in Germany. Most legislative powers relating to the key issues addressed by the gender equality directives still rest at the federal level. However, over the years, state competences have increased in relation to the civil service and work in the public sector. Legal and political disputes about gender equality are now often linked to the states' equality and higher education laws. Despite the importance of statutory law, areas of significance in respect of gender equality, such as the multitude of social security schemes or many aspects of working life, are shaped not only by federal and state law, but also by collective and works agreements or the internal regulations of professional organisations with a right to self-regulate. Although internal regulations and collective agreements must comply with constitutional requirements, in the opinion of the author of this report, the level of judicial review concerning questions of gender equality in these areas of law leaves a great deal to be desired. In addition, case law plays an important role and decisions of the higher and federal courts may have great influence and impact. Courts are established at the regional, state and federal level. Labour courts deal with discrimination in the field of employment, except for discrimination within the civil service (which falls under the ambit of the administrative courts). The civil courts decide on claims concerning the provision of goods and services under civil law, while the administrative courts are competent for claims against public authorities. There are also specialised courts for social and tax law. Every court in Germany is obliged to examine whether the laws and regulations it intends to apply are in accordance with the Constitution including the constitutional guarantee of gender equality. It is true that only the Federal Constitutional Court is competent to decide on the constitutionality (and thus, validity) of laws enacted by the Federal Parliament (Bundestag) and therefore, all other courts questioning the constitutionality of parliamentary statutes have to refer to the Federal Constitutional Court for a decision ('special judicial review of statutes' or 'referral').1 In addition to statutes, court decisions in violation of the principle of constitutional equality can also be subject to an annulment by the Federal Constitutional Court. The competence to review and, in some cases, decide upon questions of compatibility with constitutional and EU law offers considerable opportunities for courts to further gender equality and to fight gender discrimination. Every court is competent to refer the question of constitutionality of a parliamentary statute to the Federal Constitutional Court and to review non-parliamentary regulations without referral. Every court is competent to directly apply EU gender equality law, to interpret national law in compliance with the EU directives and to refer questions of compatibility with EU law to the CJEU. Although claimants cannot oblige a national court to refer the case to the Federal Constitutional Court when doubting the constitutionality of national law, the refusal of a referral to the CJEU may be challenged before the Federal Constitutional Court as a violation of the right to due process before the legally competent judge.