Kategoria BISAC: Law >> Constitutional

This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union.

The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the...

A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ).

In comparing the evolution of the prohibition of...

The workplace is a key forum in which the issue of religion and its position in the public sphere is under debate. Desires to observe and express religious beliefs in the workplace can introduce conflict between employees and employers. This book addresses the role the law plays in the resolution of these potential conflicts.

The book considers the definition and underlying motives of religious expression, and explores the different ways it may impact the workplace. Andrew Hambler identifies principled responses to workplace religious expression within a liberal state and compares...

The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly　recognized　by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples' consent under international law, examining its relationship with debates and practice pertaining to the acquisition of...

Recently, however, the government has been slow to act on the Commission's recommendations....

This book explores the coming into being in European Union (EU) law of the fundamental right to personal data protection. Approaching legal evolution through the lens of law as text, it unearths the steps that led to the emergence of this new right. It throws light on the right's significance, and reveals the intricacies of its relationship with privacy.

The right to personal data protection is now officially recognised as an EU fundamental right. As such, it is expected to play a critical role in the future European personal data protection legal landscape, seemingly displacing the...

Between Indigenous and Settler Governance addresses the history, current development and future of Indigenous self-governance in four settler-colonial nations: Australia, Canada, New Zealand and the United States. Bringing together emerging scholars and leaders in the field of indigenous law and legal history, this collection offers a long-term view of the legal, political and administrative relationships between Indigenous collectivities and nation-states. Placing historical contingency and complexity at the center of analysis, the papers collected here examine in detail the process by...

Despite an assertion by the founding fathers that "all men are created equal" and the Fourteenth Amendment to the U.S. Constitution that guarantees "equal protection," the race-based oppression that has characterized most of America's history shows that in practice our society has rarely measured up to principle. Why has deep-seated racial conflict in America continued for so long? This unprecedented examination into the topic explores the evidence and consequences of what seems to be an "addiction" to racism in the United States, analyzing the related disconnect between our nation's...

In seiner Rechtslehre formuliert Kant das allgemeine Rechtsgesetz als obersten Grundsatz des Rechts. Es dient als ein uberpositives Kriterium dafur, ob eine Handlung rechtmaig oder unrechtmaig ist. Nach dem allgemeinen Rechtsgesetz ist eine Handlung nur dann rechtmaig, wenn sie die allgemeine Handlungsfreiheit des Einzelnen in grotmoglichem Mae achtet. Auch vermeintlich banale Handlungen stehen zumindest prima facie unter rechtlichem Schutz. Die kantische Rechtskonzeption entspricht damit der umstrittenen verfassungsgerichtlichen Interpretation des Art.
2 Abs. 1 GG. Das -Reiten im...