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Author: Geoffrey Ma
Publisher: Intersentia
ISBN: 9781780689937
Category :
Languages : en
Pages : 46
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Book Description
This book contains the text of the Inaugural Caius Mok Law Lecture, given by Geoffrey Ma at Gonville and Caius College, Cambridge. 0The coming into effect of the Basic Law and the Hong Kong Bill of Rights Ordinance saw the constitutional implementation of the rights contained in the International Covenant on Civil and Political Rights. The more than twenty years that have passed since the exercise of the resumption of sovereignty by the People?s Republic of China over Hong Kong have seen the latter?s courts grapple with legal challenges hitherto untouched. Cases have at times involved sensitive areas since some of the cases have originated from controversial politi-cal, social and economic events.00In meeting the legal challenges, the courts in Hong Kong have had to seek guidance from different sources and much assistance has been derived from European jurisprudence. The manner in which rights have been treated in European jurisprudence has been a major influence on how legal challenges unique to Hong Kong have been conceptualised and resolved under her common law system.
Author: Geoffrey Ma
Publisher: Intersentia
ISBN: 9781780689937
Category :
Languages : en
Pages : 46
Get Book Here
Book Description
This book contains the text of the Inaugural Caius Mok Law Lecture, given by Geoffrey Ma at Gonville and Caius College, Cambridge. 0The coming into effect of the Basic Law and the Hong Kong Bill of Rights Ordinance saw the constitutional implementation of the rights contained in the International Covenant on Civil and Political Rights. The more than twenty years that have passed since the exercise of the resumption of sovereignty by the People?s Republic of China over Hong Kong have seen the latter?s courts grapple with legal challenges hitherto untouched. Cases have at times involved sensitive areas since some of the cases have originated from controversial politi-cal, social and economic events.00In meeting the legal challenges, the courts in Hong Kong have had to seek guidance from different sources and much assistance has been derived from European jurisprudence. The manner in which rights have been treated in European jurisprudence has been a major influence on how legal challenges unique to Hong Kong have been conceptualised and resolved under her common law system.
Author: Yash P. Ghai
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 624
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Book Description
WILSON.
Author: Ziegler, Katja S.
Publisher: Edward Elgar Publishing
ISBN: 1784712388
Category : Political Science
Languages : en
Pages : 656
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Book Description
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
Author: Carlos Closa
Publisher: Cambridge University Press
ISBN: 1107108888
Category : Law
Languages : en
Pages : 357
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Book Description
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author: Janneke Gerards
Publisher: Cambridge University Press
ISBN: 1316517535
Category : Law
Languages : en
Pages : 405
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Book Description
Provides broad and deep insight in the core concepts and principles of the European Convention on Human Rights.
Author: Norbert Reich
Publisher: Intersentia Uitgevers N V
ISBN: 9781780681764
Category : Law
Languages : en
Pages : 244
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Book Description
This study focuses on a rapidly developing, but still highly controversial, area of EU law: the emergence of general principles with constitutional relevance for EU civil law guiding its interpretation, gap filling, and legality control. The book brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1, 2, and 3 on framed autonomy, protection of the weaker party, and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures, but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, Principle 7 on good faith is still an emerging principle, but is gradually gaining importance. This book will allow the reader to understand and to assess the current evolution of EU civil law, in days where its autonomous character is increasingly recognized in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.
Author: Katharina Boele-Woelki
Publisher:
ISBN: 9789050956444
Category : Divorce
Languages : en
Pages : 0
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Book Description
The Brussels II bis Regulation which contains uniform rules for jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility became effective as of 1st March 2005 for 24 Member States of the European Union. This book addresses the impact and application of the new rules in the form of national reports. The authors provide answers to questions such as: What is the impact of the Regulation on national private international law on the one side, and on substantive law, on the other? Does the Regulation mean that changes have to be made in the national systems? Are there any difficulties as regards the consistency of the private international law system? In how far does the Regulation match the substantive law both as regards divorce and parental responsibility? Are there any difficulties as regards the implementation of the Regulation in the national systems? Have any implementing measures been taken? A comparative synthesis of the impact and application of the Brussels II bis Regulation within the European Union and a general introduction into the Europeanisation of private international law in family matters complement the book. As a result it contains the latest update of international family law in Europe.
Author: J. G. Merrills
Publisher: Manchester University Press
ISBN: 9780719045608
Category : Civil rights
Languages : en
Pages : 354
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Book Description
The rule of law.
Author: Graeme Johnston
Publisher:
ISBN: 9789626618837
Category : Conflict of laws
Languages : en
Pages : 854
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Book Description
Author: Alberto De Franceschi
Publisher:
ISBN: 9781780684222
Category : Binnenmarkt
Languages : en
Pages : 0
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Book Description
In light of the EU's commitment to making the Single Market fit for the digital age, leading scholars analyse new and urgent issues in the field of contract, data protection, copyright and private international law.
