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Human Rights And The Private Sphere Vol 1

Author: Jörg Fedtke
Publisher: Routledge
ISBN: 1134099797
Size: 11.24 MB
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Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.

Human Rights And The Private Sphere

Author: Jorg Fedtke
Publisher: Cavendish Pub Limited
ISBN: 9780415443517
Size: 24.99 MB
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Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study, focusing primarily on civil and political rights, analyzes the interaction between constitutional rights and freedoms and private law.

The Limits Of Transnational Law

Author: Hélène Lambert
Publisher: Cambridge University Press
ISBN: 0521198208
Size: 69.61 MB
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A comparative analysis of the extent and role of transnational judicial dialogue in European refugee law, first published in 2010.

The Oxford Handbook Of Comparative Constitutional Law

Author: Michel Rosenfeld
Publisher: OUP Oxford
ISBN: 0191640174
Size: 54.18 MB
Format: PDF
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The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the Oxford Handbook of Comparative Constitutional Law will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

Judicial Recourse To Foreign Law

Author: Basil Markesinis
Publisher: Routledge
ISBN: 1135848033
Size: 71.27 MB
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Accessible and clearly structured, this is the first book to include examinations of public and private law in the discussion about access to foreign laws. With commentaries by an international collection of leading judges in the field, it looks at the practice in a range of countries spread across the globe. In jurisprudence an exchange of ideas is essential, as there is no monopoly of wisdom. Legal convergence is particularly beneficial to both public law, as constitution building is done in so many parts of the world, and to commercial law, where enhanced communication, trade and information mean that people have to work more closely together. This book: examines the theme of judicial mentality and how it helps or hinders recourse to foreign ideas raises and addresses the dangers that accompany comparative law and judicial creativity looks at the practice in America, Canada, England, France, Germany, Italy, Israel, South Africa and at the European Court of Justice. Ideal for practitioners and academics, it is an essential read for those working in or studying jurisprudence at undergraduate or postgraduate level.

The Eu And Human Rights

Author: Philip Alston
Publisher: Oxford University Press on Demand
ISBN: 9780198298069
Size: 37.54 MB
Format: PDF
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For all its achievements in integrating Europe, the EU lacks a human rights policy which is coherent, balanced and professionally administered. This volume provides an insightful critique of current policies and detailed recommendations for the future by leading experts in the field including individuals from every EU country.

General Reports Of The Xviiith Congress Of The International Academy Of Comparative Law Rapports G N Raux Du Xviii Me Congr S De L Acad Mie Internationale De Droit Compar

Author: Karen B. Brown
Publisher: Springer Science & Business Media
ISBN: 9400723547
Size: 35.17 MB
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This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and the Middle East in a format that permits the reader easy access to similarities and differences in the approaches of the selected national regimes. This comprehensive volume tells the story of parallel trends in the evolution of legal doctrine despite jurisdictional, cultural, and political barriers. While each of the covered countries stands alone as a sovereign, in a technologically advanced world their disparate systems nonetheless have converged to adopt comparable strategies in dealing with complex legal issues. The volume is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law.

Dividing The Isthmus

Author: Ana Patricia Rodríguez
Publisher: University of Texas Press
ISBN: 0292719094
Size: 32.48 MB
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In 1899, the United Fruit Company (UFCO) was officially incorporated in Boston, Massachusetts, beginning an era of economic, diplomatic, and military interventions in Central America. This event marked the inception of the struggle for economic, political, and cultural autonomy in Central America as well as an era of homegrown inequities, injustices, and impunities to which Central Americans have responded in creative and critical ways. This juncture also set the conditions for the creation of the Transisthmus—a material, cultural, and symbolic site of vast intersections of people, products, and narratives. Taking 1899 as her point of departure, Ana Patricia Rodríguez offers a comprehensive, comparative, and meticulously researched book covering more than one hundred years, between 1899 and 2007, of modern cultural and literary production and modern empire-building in Central America. She examines the grand narratives of (anti)imperialism, revolution, subalternity, globalization, impunity, transnational migration, and diaspora, as well as other discursive, historical, and material configurations of the region beyond its geophysical and political confines. Focusing in particular on how the material productions and symbolic tropes of cacao, coffee, indigo, bananas, canals, waste, and transmigrant labor have shaped the transisthmian cultural and literary imaginaries, Rodríguez develops new methodological approaches for studying cultural production in Central America and its diasporas. Monumental in scope and relentlessly impassioned, this work offers new critical readings of Central American narratives and contributes to the growing field of Central American studies.

Group Privacy

Author: Linnet Taylor
Publisher: Springer
ISBN: 3319466089
Size: 13.60 MB
Format: PDF, Kindle
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The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies.

Human Rights As Social Construction

Author: Benjamin Gregg
Publisher: Cambridge University Press
ISBN: 1139505416
Size: 36.75 MB
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Most conceptions of human rights rely on metaphysical or theological assumptions that construe them as possible only as something imposed from outside existing communities. Most people, in other words, presume that human rights come from nature, God, or the United Nations. This book argues that reliance on such putative sources actually undermines human rights. Benjamin Gregg envisions an alternative; he sees human rights as locally developed, freely embraced, and indigenously valid. Human rights, he posits, can be created by the average, ordinary people to whom they are addressed, and that they are valid only if embraced by those to whom they would apply. To view human rights in this manner is to increase the chances and opportunities that more people across the globe will come to embrace them.