Fundamental Rights and Mutual Trust in t
β Ermioni Xanthopoulou
π Library
π
2020
π Bloomsbury Publishing / Hart
π English
β¦ LIBER β¦
π
Proportionality and the Rule of Law: Rights, Justification, Reasoning
β Scribed by Grant Huscroft, Bradley W. Miller, GrΓ©goire Webber
- Publisher
- Cambridge University Press
- Year
- 2016
- Tongue
- English
- Leaves
- 433
- Edition
- Reprint
- Category
- Library
β¬ Acquire This Volume
No coin nor oath required. For personal study only.
β¦ Synopsis
To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.
β¦ Subjects
Jurisprudence;Legal Theory & Systems;Law;Philosophy;Law;Law;Business Law;Constitutional Law;Criminal Law;Legal Reference;Tax Law;New, Used & Rental Textbooks;Specialty Boutique
π SIMILAR VOLUMES
Fundamental Rights and Mutual Trust in t
β Ermioni Xanthopoulou
π Library
π
2020
π Hart Publishing
π English
This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual re
Terrorism, rights and the rule of law: n
β Barry Vaughan, Shane Kilcommins
π Library
π
2008
π Willan Pub.
π English
The rule of law is becoming a victim of the struggle against terrorism. Many countries are reviewing their security procedures and questioning whether due process rights hinder them in the ?β¬?war on terror?β¬β’. There is increasing emphasis on preventive detention or strategies of disablement that cut
Proportionality, Reasonableness and Stan
β Valentina Vadi
π Library
π
2018
π Edward Elgar Publishing
π English
<span>International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of
The Margin of Appreciation in Internatio
β Andrew Legg
π Library
π
2012
π Oxford University Press
π English
<span>The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it underm
Rules of Law and Laws of Ruling : On the
β Keebet von Benda-Beckmann and Julia Eckert Franz von Benda-Beckmann
π Library
π
2009
π English
Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regula