This book reviews the multi-level system of protection of fundamental rights currently operating in Europe, discusses its constitutional implications, and assesses the impact of a binding Charter on specific areas of EU Law.
This book reviews the multi-level system of protection of fundamental rights currently operating in Europe, discusses its constitutional implications,...
The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law. How do the normative effects of automated decision systems or the interventions of robotic fellow 'beings' compare to the legal effect of written and unwritten law? To investigate these questions the book brings together two disciplinary perspectives rarely combined within the framework of one volume. One starts from the perspective of 'code and law' and the other develops from the domain of 'law and literature'. Integrating original...
The focus of this book is on the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rul...
This book examines the increasing role of the legal method of systematisation in EU law. It argues that the methods that have been developed in a welfare-state context are increasingly used as a regulative tool to functionally integrate the market.
This book examines the increasing role of the legal method of systematisation in EU law. It argues that the methods that have been developed in a welf...
This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly...
This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspect...
The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of...
The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the nat...
This book addresses the issue of privacy and confidentiality in the broader context of the Egyptian legal system. The volume opens with an overview of the major approaches to confidentiality adopted in various jurisdictions. It goes on to examine the duties of confidentiality and privacy in arbitration law and practice on the basis of interviews with 30 law professors and practitioners who often act as arbitrators or counsel for parties in arbitral disputes together with the relevant Egyptian arbitration law provisions.
The book takes into account the relevant provisions in the...
This book addresses the issue of privacy and confidentiality in the broader context of the Egyptian legal system. The volume opens with an overview...
This book focuses on one part of the judicial system: the criminal justice chain. This involves all the activities and actors dealing with policing, prosecution, judgment, and sanctioning of crimes. In the last decades, reforms have been implemented in several European countries. In Belgium, for example, there was the so-called Octopus reform in 1998. The police was restructured, leading to an integration of the police forces on a national and local level. New steering instruments were introduced, such as regional security plans. With regard to the sanctioning of crimes, a new institution was...
This book focuses on one part of the judicial system: the criminal justice chain. This involves all the activities and actors dealing with policing, p...
This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the...
This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings to...
This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas...
This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various natio...
This book examines the interface between religion, charity law and human rights. It does so by treating the Church of England and its current circumstances as a timely case study providing an opportunity to examine the tensions that have now become such a characteristic feature of that interface. Firstly, it suggests that the Church is the primary source of canon law principles that have played a formative role in shaping civic morality throughout the common law jurisdictions: the history of their emergence and enforcement by the State in post-Reformation England is recorded and assessed....
This book examines the interface between religion, charity law and human rights. It does so by treating the Church of England and its current circumst...
