In deference of fundamental rights

In deference of fundamental rights PDF Author: William E. Conklin
Publisher: Martinus Nijhoff Publishers
ISBN: 9789028603899
Category : Political Science
Languages : en
Pages : 350

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Book Description

In deference of fundamental rights

In deference of fundamental rights PDF Author: William E. Conklin
Publisher: Martinus Nijhoff Publishers
ISBN: 9789028603899
Category : Political Science
Languages : en
Pages : 350

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Book Description


A Theory of Deference in Administrative Law

A Theory of Deference in Administrative Law PDF Author: Paul Daly
Publisher: Cambridge University Press
ISBN: 1107025516
Category : Law
Languages : en
Pages : 323

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Book Description
Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.

Arguing Fundamental Rights

Arguing Fundamental Rights PDF Author: Agustín J. Menéndez
Publisher: Springer Science & Business Media
ISBN: 1402049196
Category : Law
Languages : en
Pages : 227

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Book Description
This book explores the trail-blazing Theory of Constitutional Rights of Robert Alexy. The authors combine critical analysis of the structural elements of Alexy’s theory with an assessment of its applied relevance, paying special attention to the UK Human Rights Act and the Charter of Fundamental Rights of the European Union. Alexy himself opens the book with an insightful contextualisation of his theory of fundamental rights within his general legal theory.

Fundamental Rights in International and European Law

Fundamental Rights in International and European Law PDF Author: Christophe Paulussen
Publisher: Springer
ISBN: 9462650888
Category : Law
Languages : en
Pages : 327

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Book Description
In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute’s research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues – such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration – that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.

Deference and the Presumption of Constitutionality

Deference and the Presumption of Constitutionality PDF Author: Brian Foley
Publisher:
ISBN: 9781904541769
Category : Civil rights
Languages : en
Pages : 406

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Book Description
An examination of the notion of deference in the context of constitutional rights litigation. The book offers a study of the concept of deference and its relationship with the presumption of constitutionality in Ireland and examines the practical role of the deference in the human rights jurisprudence in other jurisdictions.

Research Methods in Defence Studies

Research Methods in Defence Studies PDF Author: Delphine Deschaux-Dutard
Publisher: Routledge
ISBN: 0429584253
Category : Political Science
Languages : en
Pages : 243

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Book Description
This textbook provides an overview of qualitive and quantitative methods used in different social sciences to investigate defence issues. Recently, defence issues have become of increasing interest to researchers in the social sciences, but they raise specific methodological questions. This volume intends to fill a gap in the literature on defence studies by addressing a number of topics not dealt with sufficiently before. The contributors offer a range of methodological reflections and tools from various social sciences (political science, sociology, geography, history, economics and public law) for researching defence issues. They also address the increasingly important question of data and digitalization. The book introduces the added value of quantitative and qualitative methods, and calls for a cross-fertilization of methods in order to facilitate better research on defence topics and to fully grasp the complexity of defence in the 21st century. This book will be of much interest to students, researchers and practitioners of defence studies, war studies, military studies, and social science research methods in general.

A UN High Commissioner in Defence of Human Rights

A UN High Commissioner in Defence of Human Rights PDF Author: Bertie G. Ramcharan
Publisher: BRILL
ISBN: 9047414837
Category : Law
Languages : en
Pages : 868

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Book Description
In contemporary international relations the United Nations High Commissioner for Human Rights is a central actor, promoting human rights laws and institutions within countries, speaking out against gross violations of human rights, integrating human rights into efforts for conflict prevention, peacemaking, peacekeeping, peacebuilding, development and humanitarian affairs. The author exercised the functions of UN High Commissioner for Human Rights in a turbulent period involving the conflict in Iraq, the conflict in Cote d'Ivoire, and the crisis in Darfur, Sudan. In this unique work he tells the story of the role of the High Commissioner in leadership and advocacy, crisis response, diplomatic initiatives, mainstreaming human rights, and strengthening the Office of High Commissioner. The texts of the principal reports referred to the essays contained in Part One are reproduced in Part Two, offering the reader important insights into the reasoning, the methods and the techniques used in the work of the High Commissioner. This is the first book ever written by a serving High Commissioner in the history of the institution. It is obligatory reading for all students and practitioners of human rights.

EU Law, Fundamental Rights and National Democracy

EU Law, Fundamental Rights and National Democracy PDF Author: Eduardo Gill-Pedro
Publisher: Routledge
ISBN: 1351176331
Category : Law
Languages : en
Pages : 235

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Book Description
The orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states to respect EU fundamental rights. It first sets out a legal theoretical account of how human rights can complement democracy. It argues that they can do so only if they are understood as both the conditions for the democratic process, and the outcome of such a democratic process. In light of this legal theoretical account of human rights, this book examines the demands which the Court of Justice of the EU (CJEU) imposes on the national orders in respect of EU fundamental rights. The conclusion reached is that the demands which EU fundamental rights impose on national legal orders entail a cost for the democratic legitimacy of those legal orders. Ultimately, accepting the demands of the CJEU in respect of EU fundamental rights may require the national legal order to abandon its commitment to protecting the human rights which are the foundation of the national legal order’s very legitimacy.

General Awareness for Competitive Exams - SSC/ Banking/ Defence/ Railway/ Insurance

General Awareness for Competitive Exams - SSC/ Banking/ Defence/ Railway/ Insurance PDF Author: Disha Experts
Publisher: Disha Publications
ISBN: 9390152283
Category : Study Aids
Languages : en
Pages : 217

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Book Description
The book "General Awareness for Competitive Exams" contains specific topics in General Awareness which form a part of most of the Competitive Exams - SSC, Bank, Railway, Defence, Insurance and Other exams. This book covers - History, Geography, Polity, Economics, and Current Updates. The book contains the exhaustive theory with exercise. The book covers a lot of questions from the past years (2015-19) SSC exams. The book is a MUST for all SSC/ Banking/ Railways/ Defense/ Insurance and other Exam aspirants.

Procedural Review in European Fundamental Rights Cases

Procedural Review in European Fundamental Rights Cases PDF Author: Janneke Gerards
Publisher: Cambridge University Press
ISBN: 1316878473
Category : Political Science
Languages : en
Pages : 297

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Book Description
Traditionally, courts adjudicate fundamental rights cases by applying substantive tests of reasonableness or proportionality. Increasingly, however, European courts are also expressly taking account of the quality of the procedure that has led up to a fundamental rights interference. Yet this procedural review is far from uncontroversial. There still is a lack of clarity as to what 'procedural review' really means, what its potential for judicial decision-making is, how it relates and should relate to substantive review, and what its limitations are. Featuring contributions from experts in the field, this book is the first in-depth study into procedural review, considering the theoretical and conceptual issues at play, as well as the applicability of procedural review in different legal systems. It will therefore be of great importance to scholars and practitioners interested in fundamental rights adjudication in Europe, judicial reasoning and procedural justice.