Abuse Of Rights And Equivalent Concepts
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Abuse of Rights and Equivalent Concepts
Author | : Nikitas Aliprantis |
Publisher | : |
Total Pages | : 15 |
Release | : 1990 |
Genre | : Abuse of rights |
ISBN | : |
Abuse of Rights and Equivalent Concepts
Author | : Colloquy on European Law (19, 1989, Luxembourg) |
Publisher | : |
Total Pages | : 15 |
Release | : 1991 |
Genre | : |
ISBN | : |
Abuse
Author | : András Sajó |
Publisher | : Eleven International Publishing |
Total Pages | : 338 |
Release | : 2006 |
Genre | : Abuse of rights |
ISBN | : 907759616X |
This book addresses the problem of abuse - not what is commonly understood as 'abuse of human rights' where authorities violate fundamental rights by simply denying them. Rather, it refers to authorities and individuals claiming human (fundamental) rights and the rule of law in ways that violate the fundamental rights of other people. Most contributors to this volume agree that in certain instances fundamental rights are used improperly, with troubling consequences, and that making us aware of such improprieties is necessary for the most efficient and just operation of the constitutional system. Several methods how to approach the issue are covered in this book, ranging from the use of existing doctrinal categories (e.g. conflict of rights) to developing a doctrine of abuse of rights. They help in clarifying improper uses of rights and the rule of law in constitutional and international law. The thought-provoking essays in this book are a welcome contribution to the debate if and how to deal with the negative consequences of rights-based action.
The Concept of Rights
Author | : George W. Rainbolt |
Publisher | : Springer Science & Business Media |
Total Pages | : 269 |
Release | : 2006-07-08 |
Genre | : Philosophy |
ISBN | : 1402039778 |
What does it mean to have a right? Previous answers to this question fall into two groups: interest/benefit theories of rights and choice/will theories. This book proposes an alternative to these traditional views: the justified-constraint theory of rights, which avoids the pitfalls of earlier theories, and solves the puzzle of the relational nature of rights. The analysis shows that this theory applies without modification to past, present and future beings.
Private Property and Abuse of Rights in Victorian England
Author | : Michael Taggart |
Publisher | : Oxford University Press, USA |
Total Pages | : 272 |
Release | : 2002 |
Genre | : History |
ISBN | : 9780199256877 |
The case of the Borough of Bradford v Pickles was the first to establish the principle that it is not unlawful for a property owner to exercise his or her property rights maliciously and to the detriment of others or the public interest. This book explores why the common law developed in this way.
Prohibition of Abuse of Law
Author | : Rita de la Feria |
Publisher | : Bloomsbury Publishing |
Total Pages | : 662 |
Release | : 2011-06-09 |
Genre | : Law |
ISBN | : 1847316565 |
The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.