Rule Of Law And Fundamental Rights
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Abuse
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Author : András Sajó
language : en
Publisher: Eleven International Publishing
Release Date : 2006
Abuse written by András Sajó and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Abuse of rights categories.
This book addresses the problem of abuse - not what is commonly understood as 'abuse of human rights' where authorities violate fundamental rights by simply denying them. Rather, it refers to authorities and individuals claiming human (fundamental) rights and the rule of law in ways that violate the fundamental rights of other people. Most contributors to this volume agree that in certain instances fundamental rights are used improperly, with troubling consequences, and that making us aware of such improprieties is necessary for the most efficient and just operation of the constitutional system. Several methods how to approach the issue are covered in this book, ranging from the use of existing doctrinal categories (e.g. conflict of rights) to developing a doctrine of abuse of rights. They help in clarifying improper uses of rights and the rule of law in constitutional and international law. The thought-provoking essays in this book are a welcome contribution to the debate if and how to deal with the negative consequences of rights-based action.
Rule Of Law And Fundamental Rights
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Author : Alfredo Narváez Medécigo
language : en
Publisher: Springer
Release Date : 2015-11-07
Rule Of Law And Fundamental Rights written by Alfredo Narváez Medécigo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-07 with Law categories.
This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.
Fundamental Rights Challenges
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Author : Cristina Izquierdo-Sans
language : en
Publisher: Springer Nature
Release Date : 2021-06-17
Fundamental Rights Challenges written by Cristina Izquierdo-Sans and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-17 with Law categories.
This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.
Reinforcing Rule Of Law Oversight In The European Union
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Author : Carlos Closa
language : en
Publisher: Cambridge University Press
Release Date : 2016-10-13
Reinforcing Rule Of Law Oversight In The European Union written by Carlos Closa 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 2016-10-13 with Law categories.
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Rights Emergencies And Judicial Review
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Author : Imtiaz Omar
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-07-03
Rights Emergencies And Judicial Review written by Imtiaz Omar and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-03 with Law categories.
This book makes a significant contribution to the understanding of issues of comparative constitutionalism in emergent politics. Recurrent states of emergency in Malaysia, Sri Lanka and Bangladesh provide the background for a comparative examination of constitutional emergency powers, individual rights, and judicial review. This work examines the extent to which the Court in these countries has performed its expected role, identifies problems in approaches to interpretation which have been adopted, and suggests alternatives to constitutional interpretation and judicial review. The alternatives explored are drawn from contemporary western jurisprudence, including those of Ronald Dworkin and writers of the Critical Legal Studies tradition. The juxtaposition of western jurisprudential development to issues of constitutionalism in the countries under survey is a bold attempt to seek some common ground in conceptualizing rights and techniques of juristic interpretation in western and eastern legal cultures. The theoretical framework of the study is well-perceived, the arguments convincing. This carefully researched work makes a valuable and scholarly contribution to the study of comparative constitutional law and jurisprudence.
Fundamental Rights
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Author : Kenneth Einar Himma
language : en
Publisher:
Release Date : 2016
Fundamental Rights written by Kenneth Einar Himma and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Civil rights categories.
The notion of fundamental rights is one of the most important topics of our times. Strident controversies concerning the content of fundamental rights have increased worldwide, sometimes degenerating into violent conflicts. Yet legal and political theorists have so far paid insufficient attention to these controversies. This collection of essays by internationally renowned scholars is a salutary first step in the direction of resolving these disputes. The essays discuss many urgent problems concerning fundamental rights, including: how such rights can be philosophically explained; how fundamental and human rights are related; how fundamental constitutional rights protecting minorities from oppression can be justified; and how constitutional human rights provisions can be implemented and applied. The authors hope to contribute to solving the disputes on fundamental rights through intellectual consensus rather than violence. (Series: Democracy and the Rule of Law, Vol. 6) [Subject: Human Rights Law, Rule of Law, Constitutional Law]
Rule Of Law Fundamental Rights And Government
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Author : Param Cumaraswamy
language : en
Publisher:
Release Date : 1987
Rule Of Law Fundamental Rights And Government written by Param Cumaraswamy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Civil rights categories.
The Legal Doctrines Of The Rule Of Law And The Legal State Rechtsstaat
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Author : James R. Silkenat
language : en
Publisher: Springer
Release Date : 2014-05-28
The Legal Doctrines Of The Rule Of Law And The Legal State Rechtsstaat written by James R. Silkenat and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-28 with Law categories.
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Rule Of Law And The Challenges Posed By The Pandemic
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Author : Rainer Arnold
language : en
Publisher: Springer Nature
Release Date : 2023-11-22
Rule Of Law And The Challenges Posed By The Pandemic written by Rainer Arnold and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-22 with Law categories.
The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.
The Concept Of The Rule Of Law And The European Court Of Human Rights
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Author : Geranne Lautenbach
language : en
Publisher: OUP Oxford
Release Date : 2013-11-28
The Concept Of The Rule Of Law And The European Court Of Human Rights written by Geranne Lautenbach and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-28 with Law categories.
This book analyses the concept of the rule of law in the context of international law, through the case law of the European Court of Human Rights. It investigates how the court has defined and interpreted the notion of the rule of law in its jurisprudence. It places this analysis against a background of more theoretical accounts of the idea of the rule of law, drawing in ideas of political philosophy. It also provides a comparative assessment, demonstrating how the idea of the rule of law has evolved in the UK, France, and Germany. The book argues that at the core of the concept of the rule of law are the notions of legality and judicial safeguards. It states that the Court has developed the requirements of legality, which the work analyses in detail, based on that concept. It assesses the independence of the judiciary as an aspect of the rule of law in the context of the European Convention on Human Rights, and the relationship between the rule of law and the substantive contents of law. The book posits that the rule of law as seen at the Court is not mainly utilised with regard to 'freedom' rights, but is more concerned with procedural rights. It discusses the relationship between the rule of law and the view of the Convention as a constitutional instrument of the European public order, and shows that the rule of law and democracy are inextricably linked in the case law of the Court. Ultimately, the book demonstrates in its analysis of the Court's jurisprudence that the notion of the rule of law is a crucial part of the international legal order.