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Author: Filipe Brito Bastos
Publisher: Bloomsbury Publishing
ISBN: 150998044X
Category : Law
Languages : en
Pages : 287
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Book Description
This book examines the European Court of Justice's principles relating to composite decision-making. Through rigorous case law analysis, it shows how these rely on national and Union observance of rule of law requirements, under what the book calls the 'Unitary Protection' doctrine. It explores the theoretical dimension of this doctrine, illustrating how it represents a departure from the EU's foundational federalist approach to administrative law. This fills a long-standing gap in the literature and in our full understanding of composite decision-making, a key tenet of EU law. EU constitutional and administrative law scholars will be fascinated by this compelling study.
Author: Filipe Brito Bastos
Publisher: Bloomsbury Publishing
ISBN: 150998044X
Category : Law
Languages : en
Pages : 287
Get Book Here
Book Description
This book examines the European Court of Justice's principles relating to composite decision-making. Through rigorous case law analysis, it shows how these rely on national and Union observance of rule of law requirements, under what the book calls the 'Unitary Protection' doctrine. It explores the theoretical dimension of this doctrine, illustrating how it represents a departure from the EU's foundational federalist approach to administrative law. This fills a long-standing gap in the literature and in our full understanding of composite decision-making, a key tenet of EU law. EU constitutional and administrative law scholars will be fascinated by this compelling study.
Author: Robert H. Ashton
Publisher: Cambridge University Press
ISBN: 0521418445
Category : Business & Economics
Languages : en
Pages : 311
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Book Description
A timely and comprehensive study on behavioural decision-making within the field of accounting.
Author: Frans H. van Eemeren
Publisher: John Benjamins Publishing Company
ISBN: 9027268088
Category : Language Arts & Disciplines
Languages : en
Pages : 355
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Book Description
Scrutinizing Argumentation in Practice contains a selection of papers reflecting upon the use of argumentation in real life contexts. The first five sections are devoted to argumentation in a specific institutional context: scientific controversies, argumentation in politics, argumentation in a legal context, argumentation in education, argumentation in an interpersonal context. The last section deals with strategic maneuvering as a vital concept in studying argumentation in practice. The contributors are: Francesco Arcidiacono, Michael J. Baker, Sarah Bigi, Marina Bletsas, Stephanie Breux, William O. Dailey, Marianne Doury, Claudio Duran, Frans H. van Eemeren, Lindsay M. Ellis, Jeanne Fahnestock, Eveline T. Feteris, Bart Garssen, Anca Gâţă, Salma I. Ghanem, Sara Greco, Edward A. Hinck, Robert S. Hinck, Shelly S. Hinck, Henrike Jansen, Takayuki Kato, Susan L. Kline, Pascale Mansier, Bert Meuffels, Celine Miserez-Caperos, D’Arcy Oaks, Sachinidou Paraskevi, Anne-Nelly Perret-Clermont, H. José Plug, Takeshi Suzuki, and David Zarefsky.
Author: Rachel Cahill-O'Callaghan
Publisher: Bloomsbury Publishing
ISBN: 1509921877
Category : Law
Languages : en
Pages : 231
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Book Description
This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin's hard cases 'in which the result is not clearly dictated by statute or precedent'. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.
Author: Brian M. Barry
Publisher: Taylor & Francis
ISBN: 0429657498
Category : Law
Languages : en
Pages : 375
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Book Description
A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.
Author: Talal Al-Azem
Publisher: BRILL
ISBN: 9004323295
Category : History
Languages : en
Pages : 273
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Book Description
In Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition, Talal Al-Azem argues for the existence of a ‘madhhab-law tradition’ of jurisprudence, and examines how legal rules were forged by generations of scholarly commentary.
Author: Yingmin Jia
Publisher: Springer Nature
ISBN: 9819786509
Category :
Languages : en
Pages : 687
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Book Description
Author: Lukas Böffel
Publisher: Springer Nature
ISBN: 3031170776
Category : Business & Economics
Languages : en
Pages : 439
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Book Description
This book covers three topics that have dominated financial market regulation and supervision debates: digital finance, sustainable finance, and the Banking and Capital Markets Union. Within the first part, seven chapters will tackle specific questions arising in digital finance, including but not limited to artificial intelligence, tokenisation, and international regulatory cooperation in digital financial services. The second part addresses one of humanity’s most pressing issues today: the climate crisis. The quest for sustainable finance is driven by political actors and a common understanding that climate change is a severe threat. As financial institutions are a cornerstone of human interaction, they are in the regulatory spotlight. The chapters explore sustainability in EU banking and insurance regulation, the interrelationship between systemic risk and sustainability, and the ‘greening’ of EU monetary policy. The third part analyses two projects that have led to huge structural changes in the European financial market architecture over the last decade: the European Banking Union and Capital Markets Union. This transformation has raised numerous legal questions that can only gradually be answered in all their intricacies. In four chapters, this book examines composite procedures, property rights of depositors in banking resolution, preemptive financing arrangements and the phenomenon of subsidiarisation in the context of Brexit. Of interest to academics, policymakers, practitioners, and students in the field of EU financial regulation, banking law, securities law, and regulatory law, this book offers a compilation of analyses on pressing banking and capital markets law problems.
Author: Naftaly S. Glasman
Publisher: Springer Science & Business Media
ISBN: 9400926693
Category : Education
Languages : en
Pages : 209
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Book Description
This book is about the practice of decision making by school principals and about ways to improve this practice by capitalizing on evaluation dimensions. Much has been written on decision making but surprisingly little on decision making in the school principalship. Much has been also written on evaluation as well as on evaluation and decision making, but not much has been written on evaluation in decision making, especially decision making in the principalship. This book presents two messages. One is that decision making in the principalship can be studied and improved and not only talked about in abstract terms. The other message is that evaluation can contribute to the understanding of decision making in the principalship and to the improvement of its practice. In this book we call for the conception of an evaluation-minded principal, a principal who has a wide perspective on the nature of evaluation and its potential benefits, a principal who is also inclined to use evaluation perceptions and techniques as part of his/her decision-making process. This book was conceived in 1985 with the idea to combine thoughts about educational administration with thoughts about educational evaluation. Studies of decision making in the principalship had already been on their way. We decided to await the findings, and in the meantime we wrote a first conceptual version of evaluation in decision making. As the studies were completed we wrote a first empirical version of same.
Author: Shimon Shetreet
Publisher: Cambridge University Press
ISBN: 1107470064
Category : Law
Languages : en
Pages : 495
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Book Description
The second edition of Judges on Trial articulates the rules, assumptions and practices which shape the culture of independence of the English judiciary today. Enhanced by interviews with English judges, legal scholars and professionals, it also outlines the factors that shape the modern meaning of judicial independence. The book discusses the contemporary issues of judicial governance, judicial appointments, the standards of conduct on and off the bench, the discipline and liability of judges and the relationship between judges and the media. It is accessible to an international audience of lawyers, political scientists and judges beyond the national realm.
