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| Author | : Thomas Barkhuysen |
| Publisher | : BRILL |
| Total Pages | : 145 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 9004148523 |
This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.
| Author | : Hans-W. Micklitz |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 289 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : 0198712103 |
One of the most topical questions in the legal systems is whether and to what extent fundamental rights impact our rights and obligations in our contractual relations. The European Union has integrated the Charter of Fundamental Rights into the Treaties of Rome and Lisbon. This book highlights whether and to what extent fundamental rights affect the position of citizens generally and in various fields of law, such as private (contractual) law, labour law,financial services, intellectual property rights, and the judicial protection in courts.
| Author | : Tom Barkhuysen |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2015 |
| Genre | : |
| ISBN | : |
Some say that human rights are not relevant to private law because these rights are effective only in the relationship between a state and its citizens. Others might say that human rights do not affect the right of private parties to enter into contracts or to draw up wills that are entirely arbitrary and contrary to human rights. This article need not be written if these statements tum out to be correct. After all, we are supposed to discuss the role of the European Convention on Human Rights - a human rights convention to which all European states are parties - in the development termed the constitutionalisation of private law. But are these statements correct, or should we conclude rather that human rights are increasingly relevant to private law, as others say? The answer to this question is not evident and it is interesting to examine the role played in private law by human rights. The focus of this article therefore is the question whether and if so, and to what extent, human rights influence private law (not considering procedural law) and thus contribute to the constitutionalisation of this area of law. We confine ourselves to the European Convention on Human Rights (ECHR or Convention), because the rights contained therein apply to all European states. Moreover, we will only examine to what extent the Convention finds - directly or indirectly - application in private law, without considering whether the standards of the Convention are a material addition to the effective national private law standards. As practitioners of constitutional and administrative law as well as European law we are not equipped to answer this last question. This we would like to leave to civil law practitioners. To come straight to the point: the conclusion of this article will be that the ECHR definitely plays a role in private law. Partly for that reason it can no longer be said that private individuals are entitled to arbitrariness. Although this role of the ECHR should not be overestimated, it should certainly not be underestimated.
| Author | : Luca Siliquini-Cinelli |
| Publisher | : Springer |
| Total Pages | : 343 |
| Release | : 2017-04-06 |
| Genre | : Law |
| ISBN | : 3319498436 |
One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated ‘civilising mission’ of the contract, a notion which itself constitutes the canon of the Western liberal principle of ‘civilised economy’. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law’s development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.
| Author | : R. C. van Caenegem |
| Publisher | : Cambridge University Press |
| Total Pages | : 230 |
| Release | : 1992-03-27 |
| Genre | : Law |
| ISBN | : 9780521427456 |
This book provides an introduction to the rise and development of present-day private law.
| Author | : Pokol Béla |
| Publisher | : Ludovika Kiadó |
| Total Pages | : 133 |
| Release | : 2021-11-10 |
| Genre | : Science |
| ISBN | : 9635314639 |
The chapters of the book analyze the changes in law and state observed in recent decades, duplicating on the one hand the democratic formation of the will of the state with the formation of law based on the constitutional court and other higher courts. This has also happened in most European countries and other continents, where there is a wide range of constitutional adjudication. In this process, in addition to the traditional areas of law (private law, criminal law, etc.), separate research has been established for the analysis of private constitutional law, constitutional criminal law, and constitutional labor law. In the context of these changes, a series of books and studies have been published in recent years in many countries under the name of constitutional private law, constitutional criminal law, etc. to explore dual system of law. This study aims to provide a general theoretical framework for these new trends.
| Author | : Ran Hirschl |
| Publisher | : Harvard University Press |
| Total Pages | : 306 |
| Release | : 2009-06-30 |
| Genre | : Law |
| ISBN | : 9780674038677 |
In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
| Author | : Jan Klabbers |
| Publisher | : OUP Oxford |
| Total Pages | : 414 |
| Release | : 2011-04-07 |
| Genre | : Law |
| ISBN | : 0191615919 |
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
| Author | : Christoph Busch |
| Publisher | : Walter de Gruyter |
| Total Pages | : 137 |
| Release | : 2010-12-23 |
| Genre | : Law |
| ISBN | : 3866539398 |
This compendium provides an introduction to the intricate interplay of fundamental rights and private law. It identifies areas of commercial and civil law where fundamental rights from different sources play a key role in the interpretation and application of private law rules. In addition, it offers a collection of case law examples from across the EU which illustrate differences and commonalities regarding the influence of fundamental rights on civil and commercial litigation. It is thus well suited for the training of judges and as a source of inspiration for national legislators. Contributors to the study co-ordinated by the European Legal Studies Institute at University of Osnabrück with the support of the European Commission’s "Fundamental Rights and Citizenship Programme" include high ranking judges as well as young researchers from across the EU. "As the Commissioner for Justice, Fundamental Rights and Citizenship, I can only praise the pertinent purpose and the methodology of the compendium which underlines the concrete approach the authors adopted." Viviane Reding, Vice-President of the European Commission
| Author | : Albert Venn Dicey |
| Publisher | : |
| Total Pages | : 608 |
| Release | : 1908 |
| Genre | : Constitutional law |
| ISBN | : |
First edition published in 1885 under title: Lectures introductory to the study of the law of the constitution.
