The Constitutional Relevance of the ECHR in Domestic and European Law PDF Download
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Author: Giorgio Repetto
Publisher: Intersentia Uitgevers N V
ISBN: 9781780681184
Category : Law
Languages : en
Pages : 251
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Book Description
In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.
Author: Giorgio Repetto
Publisher: Intersentia Uitgevers N V
ISBN: 9781780681184
Category : Law
Languages : en
Pages : 251
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Book Description
In recent years, the European Convention on Human Rights (ECHR) gained unexpected relevance in the European constitutional culture. On the one hand, its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights' reputation vis-a-vis the Member States. On the other hand, and even more importantly, the ECHR's significance arises from a changing perception of its constitutional potential. Starting with the assumption that the ECHR is transforming the European constitutional landscape, this book shows that the European Convention raises unprecedented problems that involve, first of all, its own theoretical status as constitutional instrument that ensures the protection of human rights in Europe. Changing paradigms concerning its incorporation in domestic law, as well as the growing conflicts about the protection of some rights and liberties that are deeply rooted in national legal contexts (such as teaching of religion, bio law, and rights of political minorities), are jointly examined in order to offer a unified methodology for the study of European constitutional law centered upon human rights. For a detailed analysis of these issues, the book examines the different facets of the ECHR's constitutional relevance by separating the ECHR's role as a 'factor of Europeanization' for national constitutional systems (Part I) from its role as a veritable European transnational constitution in the field of human rights (Part II). Written for legal scholars focusing on the emerging trends of European and transnational constitutional law, the book investigates the basic tenets of the role of the ECHR as a cornerstone of European constitutionalism.
Author: Judge Advocate General's School (United States. Army)
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 476
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Book Description
Author: Aniceto Masferrer
Publisher: Springer
ISBN: 3319719122
Category : Law
Languages : en
Pages : 427
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Book Description
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Author: Abdelmalek Sayad
Publisher: John Wiley & Sons
ISBN: 1509534040
Category : Social Science
Languages : en
Pages : 360
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Book Description
This book is a major contribution to our understanding of the condition of the immigrant and it will transform the reader’s understanding of the issues surrounding immigration. Sayad’s book will be widely used in courses on race, ethnicity, immigration and identity in sociology, anthropology, cultural studies, politics and geography. an outstanding and original work on the experience of immigration and the kind of suffering involved in living in a society and culture which is not one’s own; describes how immigrants are compelled, out of respect for themselves and the group that allowed them to leave their country of origin, to play down the suffering of emigration; Abdelmalek Sayad, was an Algerian scholar and close associate of the French sociologist Pierre Bourdieu - after Sayad’s death, Bourdieu undertook to assemble these writings for publication; this book will transform the reader’s understanding of the issues surrounding immigration.
Author: Toni Morrison
Publisher: Bloomsbury Publishing
ISBN: 135042899X
Category : Drama
Languages : en
Pages : 69
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Book Description
'This is a remarkable, challenging and bravely original work.' The Guardian Ripped from the world by her husband's paranoia, Desdemona turns in death towards the memory of Barbary, the North African maid who raised her: together, they explore the contours of death, race, war, love and motherhood, in a moving elegy. Audacious with ambition, Desdemona is Toni Morrison's intimate reimagining of the fourth act of Shakespeare's Othello, mixing monologue with Rokia Traore's lyrical songs to re-examine the Bard's presentation of race and female suffering. Part-play, part-concert, part-quest into the afterlife, Desdemona is published in Methuen Drama's Modern Classics series, featuring a new introduction by Joyce Green MacDonald.
Author: Dario Primo Triolo
Publisher: Key Editore
ISBN: 8827904530
Category : Law
Languages : it
Pages : 283
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Book Description
La presente raccolta di atti e pareri vuole fornire uno strumento a tutti i praticanti avvocati che si apprestano a sostenere l’esame di abilitazione di avvocato. Gli atti e pareri sono redatti secondo il metodo collaudato della scuola di preparazione all’esame di avvocato “cenacolo degli studi giuridici etneo” che ottiene ogni anno ottimi successi all’esame di abilitazione. Allo svolgimento del parere si accompagna una presentazione del quadro normativo e delle massime giurisprudenziali; vengono messe in evidenza le varie parti in cui si deve strutturare il parere così come viene evidenziata la questione fondamentale da risolvere nella traccia. Non mancano riferimenti alle sentenze del 2017: a titolo esemplificativo si cita la recente sentenza delle Sezioni Unite in materia di contratto di appalto. Uno strumento fondamentale per tutti coloro che si apprestano a sostenere l’esame di abilitazione di avvocato.
Author: Franz Pöchhacker
Publisher: John Benjamins Publishing
ISBN: 9789027222398
Category : Language Arts & Disciplines
Languages : en
Pages : 168
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Book Description
This volume the first-ever collection of research on healthcare interpreting centers on three interrelated themes: cross-cultural communication in healthcare settings, the interactional role of persons serving as interpreters and the discourse patterns of interpreter-mediated interaction. The individual chapters, by seven innovative researchers in the area of community-based interpreting, represent a pioneering attempt to look beyond stereotypical perceptions of interpreter-mediated interactions. First published as a Special Issue of Interpreting 7:2 (2005), this volume offers insights into the impact of the interpreter whether s/he is a trained professional or a member of the patient's family including ways in which s/he may either facilitate or impair reliable communication between patient and healthcare provider. The five articles cover a range of settings and specialties, from general medicine to pediatrics, psychiatry and speech therapy, using languages as diverse as Arabic, Dari, Farsi, Italian and Spanish in combination with Danish, Dutch, English and French.
Author: Giovanni Comandé
Publisher: Kluwer Law International
ISBN: 9789403521213
Category :
Languages : en
Pages : 328
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the law affecting the physician-patient relationship in Italy. Cutting across the traditional compartments with which lawyers are familiar, medical law is concerned with issues arising from this relationship, and not with the many wider juridical relations involved in the broader field of health care law. After a general introduction, the book systematically describes law related to the medical profession, proceeding from training, licensing, and other aspects of access to the profession, through disciplinary and professional liability and medical ethics considerations and quality assurance, to such aspects of the physician-patient relationship as rights and duties of physicians and patients, consent, privacy, and access to medical records. Also covered are specific issues such as organ transplants, human medical research, abortion, and euthanasia, as well as matters dealing with the physician in relation to other health care providers, health care insurance, and the health care system. Succinct and practical, this book will prove to be of great value to professional organizations of physicians, nurses, hospitals, and relevant government agencies. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its comparative value asa contribution to the study of medical law in the international context.
Author: Anthony Pagden
Publisher: Cambridge University Press
ISBN: 9780521386661
Category : History
Languages : en
Pages : 380
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Book Description
Essays on the political 'languages' of natural law, classical republicanism, commerce and political science.
Author: Institute of Medicine
Publisher: National Academies Press
ISBN: 0309132967
Category : Medical
Languages : en
Pages : 359
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Book Description
Second in a series of publications from the Institute of Medicine's Quality of Health Care in America project Today's health care providers have more research findings and more technology available to them than ever before. Yet recent reports have raised serious doubts about the quality of health care in America. Crossing the Quality Chasm makes an urgent call for fundamental change to close the quality gap. This book recommends a sweeping redesign of the American health care system and provides overarching principles for specific direction for policymakers, health care leaders, clinicians, regulators, purchasers, and others. In this comprehensive volume the committee offers: A set of performance expectations for the 21st century health care system. A set of 10 new rules to guide patient-clinician relationships. A suggested organizing framework to better align the incentives inherent in payment and accountability with improvements in quality. Key steps to promote evidence-based practice and strengthen clinical information systems. Analyzing health care organizations as complex systems, Crossing the Quality Chasm also documents the causes of the quality gap, identifies current practices that impede quality care, and explores how systems approaches can be used to implement change.
