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General Principles of Law - The Role of the Judiciary

2015-06-22 Law
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Release : 2015-06-22
Genre : Law
Kind : eBook
Book Rating : 802/5 ( reviews)

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Book Synopsis General Principles of Law - The Role of the Judiciary by : Laura Pineschi

Download or read book General Principles of Law - The Role of the Judiciary written by Laura Pineschi. This book was released on 2015-06-22. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.

General Principles of EU Law and the EU Digital Order

2020 Information technology
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Release : 2020
Genre : Information technology
Kind : eBook
Book Rating : 658/5 ( reviews)

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Book Synopsis General Principles of EU Law and the EU Digital Order by : Ulf Bernitz

Download or read book General Principles of EU Law and the EU Digital Order written by Ulf Bernitz. This book was released on 2020. Available in PDF, EPUB and Kindle. Book excerpt: General Principles of EU Law and the EU Digital Order' addresses the role of general principles in the era of digitalization and the (potential) impact of digitalization on the theory of general principles of union law. Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the European Union?s (EU?s) digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of?big data? and algorithms. This book presents expert analyses of how digitalization raises questions of the future role for general principles of EU law, including the foundational principles of the EU?s fundamental economic freedoms and EU competition rules.

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.

General Principles of the European Convention on Human Rights

2023-06-30 Law
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Release : 2023-06-30
Genre : Law
Kind : eBook
Book Rating : 535/5 ( reviews)

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Book Synopsis General Principles of the European Convention on Human Rights by : Janneke Gerards

Download or read book General Principles of the European Convention on Human Rights written by Janneke Gerards. This book was released on 2023-06-30. Available in PDF, EPUB and Kindle. Book excerpt: Provides broad and deep insight in the core concepts and principles of the European Convention on Human Rights.

General Principles for Business and Human Rights in International Law

2020-10-26 Law
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Release : 2020-10-26
Genre : Law
Kind : eBook
Book Rating : 038/5 ( reviews)

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Book Synopsis General Principles for Business and Human Rights in International Law by : Ludovica Chiussi Curzi

Download or read book General Principles for Business and Human Rights in International Law written by Ludovica Chiussi Curzi. This book was released on 2020-10-26. Available in PDF, EPUB and Kindle. Book excerpt: In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.

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