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Due Process of Law Beyond the State

2016 Law
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Release : 2016
Genre : Law
Kind : eBook
Book Rating : 38X/5 ( reviews)

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Book Synopsis Due Process of Law Beyond the State by : Giacinto Della Cananea

Download or read book Due Process of Law Beyond the State written by Giacinto Della Cananea. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: Analysing both national and transnational processes, this volume offers an integrated viewpoint of the principles governing the procedural due process requirements of regional and global regulatory regimes.

Due Process of Law Beyond the State

2016 Administrative procedure
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Author :
Release : 2016
Genre : Administrative procedure
Kind : eBook
Book Rating : 303/5 ( reviews)

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Book Synopsis Due Process of Law Beyond the State by : Giacinto Della Cananea

Download or read book Due Process of Law Beyond the State written by Giacinto Della Cananea. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: Analysing both national and transnational processes, this volume offers an integrated viewpoint of the principles governing the procedural due process requirements of regional and global regulatory regimes.

Due Process of Law

2003 Law
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Release : 2003
Genre : Law
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Due Process of Law by : John V. Orth

Download or read book Due Process of Law written by John V. Orth. This book was released on 2003. Available in PDF, EPUB and Kindle. Book excerpt: Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made way for an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general.

General Principles of Law and International Due Process

2017-02-15 Law
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Release : 2017-02-15
Genre : Law
Kind : eBook
Book Rating : 726/5 ( reviews)

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Book Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby, Jr.

Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby, Jr.. This book was released on 2017-02-15. Available in PDF, EPUB and Kindle. Book excerpt: Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

Due Process of Law Beyond the State

2016-09-15 Law
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Release : 2016-09-15
Genre : Law
Kind : eBook
Book Rating : 614/5 ( reviews)

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Book Synopsis Due Process of Law Beyond the State by : Giacinto della Cananea

Download or read book Due Process of Law Beyond the State written by Giacinto della Cananea. This book was released on 2016-09-15. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those public authorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization. Analysing the procedural due process requirements applicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, such as good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect when interpreting standards of justice.

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