Kategoria BISAC: Law >> Constitutional

Ausgehend von einer Darstellung der Funktions- und Wirkungsweise der abschnittsbezogenen Geschwindigkeitsuberwachung (Section Control) untersucht Jens Christian Keuthen die verfassungsrechtlichen Verpflichtungen zum Schutz gegenuber potentiellen Verkehrsopfern und Dritten vor den Auswirkungen uberhohter Geschwindigkeiten im Straenverkehr einerseits und zum Schutz der Freiheitsrechte der durch Section Control erfassten Verkehrsteilnehmer andererseits. Der Autor gibt eine Antwort auf die Frage, wie diese (gegenlaufigen) Interessen beim Einsatz der Kontrollen zum Ausgleich gebracht werden...

This handbook provides a systematic overview of the legal concept and the meaning of human dignity for each European state and the European Union. For each of these 43 countries and the EU, it scrutinizes three main aspects: the constitution, legislation, and application of law (court rulings). The book addresses and presents answers to important questions relating to the concept of human dignity. These questions include the following: What is the meaning of human dignity? What is the legal status of the respective human dignity norms? Are human dignity norms of a programmatic nature, or...

This book contributes to a feminist understanding of international human rights by examining restrictions on reproductive freedom through the lens of the right to be free from torture and other cruel, inhuman or degrading treatment. Ronli Sifris challenges the view that torture only takes place within the traditional paradigm of interrogation, punishment or intimidation of a detainee, arguing that this traditional construction of the concept of torture prioritises the experiences of men over the experiences of women given that the pain and suffering from which women disproportionately...

For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed - mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins?

With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its...

Unaccompanied minor migrants (UAM) are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interest of a child is widely applied in international, national legal documents and several guidelines and often pertains to UAM given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues...

Few moments in Canadian history are as intriguing as the political battle between Prime Minister Pierre Trudeau and the ?Gang of Eight? provincial premiers who opposed his plans to ?patriate? Canada's constitution from Britain. Patriation and Its Consequences revisits these constitutional negotiations, including the personalities, visions, and political struggles that shaped the resulting constitutional agreement. Focusing on the players behind the process, including First Nations and feminist activists, this volume explores the long shadow of patriation: the alienation of Quebec,...

From a position of deep practical expertise in...

America is in the midst of a cultural and constitutional law crisis that began more than sixty years ago and was further exacerbated by the 2015 Supreme Court same-sex marriage decision. How did we become a culture that lacks objective morality and embraces secular ideas, hinging on the majority whim of nine justices? How do we get back to being a biblically moral, upright society and recognizing the U.S. Constitution as supreme law of the land?

In The Legal Basis for a Moral Constitution, Jenna Ellis makes a compelling case for the true roots of America's Founding Documents...

America is in the midst of a cultural and constitutional law crisis that began more than sixty years ago and was further exacerbated by the 2015 Supreme Court same-sex marriage decision. How did we become a culture that lacks objective morality and embraces secular ideas, hinging on the majority whim of nine justices? How do we get back to being a biblically moral, upright society and recognizing the U.S. Constitution as supreme law of the land?

In The Legal Basis for a Moral Constitution, Jenna Ellis makes a compelling case for the true roots of America's Founding Documents...

All democratic constitutions feature "the people" as their author and ultimate source of legitimacy. They claim to embody the political form that citizens are in some sense supposed to have given themselves. But in what sense, exactly? When does a constitution really or genuinely speak for the people? Such questions are especially pertinent to our present condition, where the voice of "the people" turns out to be irrevocably fragmented, and people themselves want to speak and be heard in their own voices.

Founding Acts explores the relationship between constitutional claims of...

This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human freedom and human dignity and their translation into legal rights.

The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of, and protects, a right to personal identity and personality within human rights law. It specifically examines the development of a...

The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law s conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values underlying this constitution.

Drawing together positivist and non-positivist accounts within an institutional understanding of law, Timothy Moorhead breaks new ground in applying a range of analytic...