Liber Amicorum Michel Melchior
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| Author | : Paul Martens |
| Publisher | : Anthemis |
| Total Pages | : 1038 |
| Release | : 2010 |
| Genre | : Constitutional law |
| ISBN | : 9782874552823 |
Michel Melchior, qui a enseigné le droit international public à l'Université de Liège jusqu'à l'âge de la retraite, a été membre de la Cour constitutionnelle, à l'origine Cour d'arbitrage, depuis sa fondation (1984) et il en a été le président francophone depuis 1993 jusqu'à son admission à l'éméritat (2010). Il avait été auparavant membre belge de la Commission européenne des droits de l'homme, de 1978 à 1984. Ce parcours explique qu'il a été successivement un pionnier des droits de l'homme au sein de l'institution strasbourgeoise et un vigilant défenseur de leur respect au sein de la juridiction constitutionnelle belge. A l'occasion de son éméritat, des juristes qui l'ont côtoyé, l'ont connu, l'ont admiré dans son parcours, qui va de Liège à Strasbourg et de Strasbourg à Bruxelles, ont tenu à lui offrir, en guise d'hommage, un liber amicorum qui reflète la carrière de ce magistrat exceptionnel. La richesse, la diversité, la profondeur des contributions de ce recueil sont à la mesure des qualités de son dédicataire.
| Author | : Eva Steiner |
| Publisher | : Springer |
| Total Pages | : 383 |
| Release | : 2015-05-05 |
| Genre | : Law |
| ISBN | : 331916175X |
This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions. Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this account, in the recent past, a number of jurisdictions have had to deal with the prospect of introducing in their own systems the well-established US practice of prospective overruling whereby the court may announce in advance that it will change the relevant rule or interpretation of the rule but only for future cases. However, adopting prospective overruling raises a series of issues mainly related to the constitutional limits of the judicial function coupled by the practical difficulties attendant upon such a practice. This book answers a number of the questions raised by this practice. It makes use of the great reservoir of foreign legal experience that furnishes theoretical and practical ideas from which national judges may draw their knowledge and inspiration in order to be able to advise a rational method of dealing with time when they give their decisions.
| Author | : |
| Publisher | : Walter de Gruyter |
| Total Pages | : 2983 |
| Release | : 2013-03-01 |
| Genre | : Reference |
| ISBN | : 311031228X |
Particularly in the humanities and social sciences, festschrifts are a popular forum for discussion. The IJBF provides quick and easy general access to these important resources for scholars and students. The festschrifts are located in state and regional libraries and their bibliographic details are recorded. Since 1983, more than 639,000 articles from more than 29,500 festschrifts, published between 1977 and 2010, have been catalogued.
| Author | : Jean-Sébastien Borghetti |
| Publisher | : LGDJ |
| Total Pages | : 919 |
| Release | : 2008 |
| Genre | : Damages |
| ISBN | : 9782275031361 |
| Author | : Bertus de Villiers |
| Publisher | : BRILL |
| Total Pages | : 311 |
| Release | : 2024-03-04 |
| Genre | : Law |
| ISBN | : 9004691693 |
The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.
| Author | : Ermioni Xanthopoulou |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 249 |
| Release | : 2020-04-30 |
| Genre | : Law |
| ISBN | : 1509922261 |
This book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights. After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment. It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels. The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis-à-vis mutual trust.
| Author | : Ulrich Stelkens |
| Publisher | : Oxford University Press |
| Total Pages | : 912 |
| Release | : 2020-09-11 |
| Genre | : Law |
| ISBN | : 0192605941 |
Good Administration and the Council of Europe: Law, Principles, and Effectiveness examines the existence and effectiveness of written and unwritten standards of good administration developed within the framework of the Council of Europe (CoE) and in the case law of the European Court of Human Rights. These standards - called 'pan- European general principles of good administration' - cover the entire range of general organizational, procedural, and substantive legal institutions meant to ensure a democratically legitimized, open, and transparent administration respecting the rule of law. They are about the 'limiting function' of administrative law: its function to protect individuals from arbitrary power, to legitimize administrative action, and to combat corruption. This book analyses the sources and functions of the pan-European general principles of good administration and seeks to uncover how deeply they are rooted in the domestic legal systems of the CoE Member States. It comprises 28 country reports dedicated to an in-depth exploration of the impact of these standards on the national legal systems of the Member States written by respective experts on these systems. It argues that the pan-European general principles of good administration lead to a certain harmonization of the legal orders of the Member States with regard to the limiting function of administrative law despite the many fundamental differences between their administrative and legal systems. It comes to the further conclusion that the pan-European general principles of good administration can be considered as a concretization of the founding values of the CoE and describes the 'administrative law obligations' a Member State entered into when joining the CoE.
| Author | : Matthieu Burnay |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 295 |
| Release | : 2018-07-27 |
| Genre | : Law |
| ISBN | : 1788112393 |
This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.
| Author | : Thamil Venthan Ananthavinayagan |
| Publisher | : Springer |
| Total Pages | : 266 |
| Release | : 2019-04-30 |
| Genre | : Law |
| ISBN | : 9811373507 |
This book examines the engagement between the United Nations’ human rights machinery and the respective governments since Sri Lanka (then Ceylon) joined the United Nations. Sri Lanka has a long and rich history of engagement with international human rights instruments. However, despite its active membership in the UN, the country’s post-colonial trials and tribulations are emblematic of the limited influence the international organisation has exerted on this country in the Global South. Assessing the impact of this international engagement on the country’s human rights infrastructure and situation, the book outlines Sri Lanka’s colonial and post-colonial development. It then considers the development of a domestic human rights infrastructure in the country. It also examines and analyzes Sri Lanka’s engagement with the UN’s treaty-based and charter-based human rights bodies, before offering conclusions concerning the impact of said engagement. The book offers an innovative approach to gauging the impact of international human rights engagement, while also taking into account the colonial and post-colonial imperatives that have partly dictated governmental behaviour. By doing so, the book seeks to combine and analyse international human rights law, post-colonial critique, studies on biopower, and critical approaches to international law. It will be a useful resource not only for scholars of international law, but also for practitioners and activists working in this area.
| Author | : Ernst Hirsch Ballin |
| Publisher | : Springer Nature |
| Total Pages | : 338 |
| Release | : 2019-12-02 |
| Genre | : Law |
| ISBN | : 9462653593 |
The European Yearbook of Constitutional Law (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This inaugurate volume examines the safeguards and limits of judicial power in a variety of constitutional systems, both at the national and supranational level. The book approaches the judiciary as part of the constitutional system operating within a legal order that connects the citizens and institutions of the state to each other. Looking at the judiciary from this broader perspective, the traditional doctrine of the separation of powers would appear no longer to adequately represent the diversity and complexity of constitutional systems and their democratic legitimacy. Judicial independence does not mean isolation, but should better be understood as institutionalizing relationships that legitimize the power of the courts. The notions of ‘safeguards’ and ‘limits’ indicate the reciprocally enabling and protecting nature of these relationships. In recognition of this, the contributions to this volume analyse these safeguards and limits as relations existing within a complex constitutional architecture. State institutions, today, are involved in a fundamental transformation of their selfunderstanding as a result of changes in political culture. Several contributions to this volume provide examples of political criticism and pressure on the judiciary, against which the usual guarantees are unable to provide adequate protection. A convincing and effective response to threats to the judiciary’s independence requires a detailed and precise analysis of the judiciary’s constitutional safeguards and limits. This book offers a step in that direction.
