The Public Private Law Divide

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Challenging The Public Private Divide

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Author : Susan B. Boyd
language : en
Publisher: University of Toronto Press
Release Date : 1997-01-01

Challenging The Public Private Divide written by Susan B. Boyd and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with Social Science categories.

Feminist scholars in disciplines ranging from law to geography challenge our traditional notion of a public/private divide in legal and public policy in Canada and internationally

The Private Public Law Divide In International Dispute Resolution

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Author : Burkhard Hess
language : en
Publisher: BRILL
Release Date : 2019-03-25

The Private Public Law Divide In International Dispute Resolution written by Burkhard Hess and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-25 with Law categories.

This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings. There are three different areas where the private-public divide is applicable. The first pertains to lawsuits in civil courts involving foreign states, state enterprises and international organizations. The second area relates to the delineation between domestic and international remedies. The third area concerns the privatization of dispute settlement, especially in the context of private ordering. This study argues that the private-public divide still exists and cannot be given up. However, one must be aware that private and public international law have complementary functions in order to address adequately the multitude of disputes at both the cross-border and the international level. In this context, this divide can be used as an appropriate tool to explain the complementarity of private and public international law in the multilevel legal structure of a globalized world.

Common Values And The Public Private Divide

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Author : Dawn Oliver
language : en
Publisher: Cambridge University Press
Release Date : 1999-08-01

Common Values And The Public Private Divide written by Dawn Oliver 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 1999-08-01 with Law categories.

This text is a critical study of the public/private law divide in the common law tradition. Professor Oliver's starting point is that special substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging what are considered 'private' functions. She questions the validity of the traditional dichotomy, and proposes new criteria for imposing such duties in accordance with underlying values, including the control of power and respect for the individual's autonomy and dignity. Written by a leading law academic, this is an important and original contribution to public law literature, providing an informed and considered overview for legal academics and students.

The Oxford Handbook Of The New Private Law

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Author : Andrew S. Gold
language : en
Publisher:
Release Date : 2020-11-06

The Oxford Handbook Of The New Private Law written by Andrew S. Gold and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-06 with Law categories.

The Oxford Handbook of the New Private Law promises to help redefine and reinvigorate the subject of private law, a domain that includes property, contract, and tort law, as well as intellectual property, unjust enrichment, and equity. It emphasizes cross-cutting perspectives and relations between areas of private law, with special attention to the doctrines and structures of the law-an approach now known as "the New Private Law." This perspective includes explanation, justification, and criticism of existing law, reflecting the conviction of the editors that it makes sense to know what the law is in order to be in a position to criticize and reform it. The Handbook will be an essential resource for legal scholars interested in the future of this important field.

Common Values And The Public Private Divide

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Author : Dawn Oliver
language : en
Publisher: Cambridge University Press
Release Date : 1999-08

Common Values And The Public Private Divide written by Dawn Oliver 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 1999-08 with Business & Economics categories.

This text is a study of the public/private law divide in the common law tradition. Its starting point is that substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging 'private' functions.

New Perspectives On The Public Private Divide

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Author : Law Commission of Canada
language : en
Publisher: UBC Press
Release Date : 2003

New Perspectives On The Public Private Divide written by Law Commission of Canada and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Education categories.

The separation between public and private spheres has structured much of our thinking about human organizations. This collection of essays explores how the public-private divide influences, challenges, and interacts with law and law reform.

Courts Politics And Constitutional Law

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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2019-10-16

Courts Politics And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-16 with Law categories.

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Transnational Law

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Author : Miguel Maduro
language : en
Publisher: Cambridge University Press
Release Date : 2014-05-01

Transnational Law written by Miguel Maduro 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 2014-05-01 with Law categories.

In this era of globalisation, different legal systems and structures no longer operate within their own jurisdictions. The effects of decisions, policies and political developments are having an increasingly wide-reaching impact. Nowhere is this more keenly felt than in the sphere of European Union law. This collection of essays contributes to the co-operative search for interpretative and normative grids needed in charting the contemporary legal landscape. Written by leading lawyers and legal philosophers, they examine the effects of law's de-nationalisation by placing European law in the context of transnational law and demonstrate how it forces us to rethink our basic legal concepts and propose an approach to transnational law beyond the dichotomy of national and international law.

The Constitutionalist Revolution

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Author : Alan Cromartie
language : en
Publisher: Cambridge University Press
Release Date : 2006-08-17

The Constitutionalist Revolution written by Alan Cromartie 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 2006-08-17 with History categories.

An innovative account of English constitutional ideas from the mid-fifteenth century to the time of Charles I, showing how the emergence of grand claims for common law, the country's strange unwritten legal system, shaped England's cultural development. Though he does not neglect the role of narrowly religious disagreements, Cromartie brings out the way that 'religious' and 'secular' values came to be closely intertwined: to the majority of Charles's subjects, the rights of the clergy and the king were legal rights; the institutional structure of Church and state was an expression of monarchical power, obedience to the king and to the law was a religious duty. A proper understanding of this cluster of ideas reveals why Charles found England so difficult to control and why both parties in the civil war believed that they were fighting for established institutions.

The United Nations Code Of Conduct On Transnational Corporations

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Author : Centre on Transnational Corporations (United Nations)
language : en
Publisher:
Release Date : 1988

The United Nations Code Of Conduct On Transnational Corporations written by Centre on Transnational Corporations (United Nations) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with International business enterprises categories.