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Author : Francisca Pou-Giménez,Laura Clérico,Esteban Restrepo-Saldarriaga
Publisher : Cambridge University Press
Page : 353 pages
File Size : 47,9 Mb
Release : 2022-11-03
Category : Law
ISBN : 9781009201803
This is the first book on the theory and practice of proportionality in Latin American constitutional law.
Author : Alec Stone Sweet,Jud Mathews
Publisher : Oxford University Press
Page : 248 pages
File Size : 45,8 Mb
Release : 2019-05-16
Category : Political Science
ISBN : 9780192578372
In this book, Alec Stone Sweet and Jud Mathews focus on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality analysis as the central method for protecting rights. In doing so, judges positioned themselves to review all important legislative and administrative decisions, and to invalidate them as unconstitutional when such policies fail the proportionality test. The result has been a massive - and global - transformation of law and politics. The book explicates the concepts of 'trusteeship', the 'system of constitutional justice', the 'effectiveness' of rights adjudication, and the 'zone of proportionality'. A wide range of case studies analyse: how proportionality has spread, and variation in how it is deployed; the extent to which the U.S. Supreme Court has evolved and resisted similar doctrines; the role of proportionality in building ongoing 'constitutional dialogues' with the other branches of government; and the importance of the principle to the courts of regional human rights regimes. While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the very heart of governance in the modern constitutional state and beyond.
Author : Jiunn-rong Yeh
Publisher : V&R Unipress
Page : 302 pages
File Size : 44,5 Mb
Release : 2015-11-18
Category : Science
ISBN : 9783847004905
The global expansion of judicial powers makes no exception to Asia. Most noticeable is the judicial expansion in tandem with unprecedented political and legal reforms that have occurred in the two Asian new democracies – Taiwan and South Korea. Having shared a great deal of similarities in colonial legacy, economic development and global competition, both Taiwan and South Korea became good examples of fast-growing economies with successful democratic transitions. In the context of transition, Courts in Taiwan and Korea are expected to independently resolve disputes to place checks and balances with political powers and safeguard individual rights and freedoms. This book looks into court's function in constitutional, regulatory, civil, commercial, and criminal matters by making Taiwan and Korea in comparison.
Author : Nicholas Emiliou
Publisher : Springer
Page : 332 pages
File Size : 48,5 Mb
Release : 1996-02-23
Category : Law
ISBN : STANFORD:36105061745886
The main objective of this study is to present a comparative legal analysis of proportionality. It provides a close examination of the key areas in which this principle has been applied, both at the national and supranational levels. The whole work is placed in the context of transformation of public law in the twentieth century. As many important general principles of law as applied by the Court of Justice have been borrowed from German and French law, a comparative study of the various forms which this principle has assumed in both German and French public law is presented. The book then offers an in-depth analysis of the application and impact of the principle of proportionality in EC law. The introduction and development of this principle by the Court of Justice represents one of the most striking examples of the interaction between the Community and national legal systems. It also illustrates the character of Community law as developed by the Court and the law-making function of the latter.
Author : Tamara Perišin,Siniša Rodin
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 48,9 Mb
Release : 2018-03-08
Category : Law
ISBN : 9781509907267
It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.
Author : Mordechai Kremnitzer,Talya Steiner,Andrej Lang
Publisher : Cambridge University Press
Page : 689 pages
File Size : 42,7 Mb
Release : 2020-04-30
Category : Law
ISBN : 9781108497589
A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
Author : David J. Sheskin
Publisher : CRC Press
Page : 1927 pages
File Size : 53,8 Mb
Release : 2020-06-09
Category : Education
ISBN : 9781439858042
Following in the footsteps of its bestselling predecessors, the Handbook of Parametric and Nonparametric Statistical Procedures, Fifth Edition provides researchers, teachers, and students with an all-inclusive reference on univariate, bivariate, and multivariate statistical procedures.New in the Fifth Edition:Substantial updates and new material th
Author : Leone Niglia
Publisher : Bloomsbury Publishing
Page : 205 pages
File Size : 51,9 Mb
Release : 2023-06-15
Category : Law
ISBN : 9781509925278
This book proposes a new analysis of the transformation of Europe through integration, exactly 30 years after the beginning of transformation scholarship. It consists of a reconstruction of the development and present condition of European integration in relation to private ordering. Looking at the interface between, on the one hand, the EU constitutional order and, on the other hand, private ordering, the book recounts three major structural transformations over the last six decades. Delving into the private law areas most exposed to the current modernisation wave consumer law, internal market, lex mercatoria, digitisation, artificial intelligence, data protection, standardised contracts, finance and political economy, and labour the book critically explores a reconfiguration of Europe's constitutional structures relative to, and that results from, what to some appears to be an almost irresistible rise of private ordering through a transformed hermeneutics (balancing). This is a magisterial survey of European law, European private law, and comparative law seen through a pathbreaking comparative methodology labelled 'juridical comparative hermeneutics' within civil law systems and across the civil-common law divide, which offers innovative analytical tools that afford a deep understanding of the evolution of the disciplines.
Author : Joseph de la Torre Dwyer
Publisher : Springer Nature
Page : 248 pages
File Size : 53,5 Mb
Release : 2019-09-11
Category : Philosophy
ISBN : 9783030211264
This book develops a novel approach to distributive justice by building a theory based on a concept of desert. As a work of applied political theory, it presents a simple but powerful theoretical argument and a detailed proposal to eliminate unmerited inequality, poverty, and economic immobility, speaking to the underlying moral principles of both progressives who already support egalitarian measures and also conservatives who have previously rejected egalitarianism on the grounds of individual freedom, personal responsibility, hard work, or economic efficiency. By using an agnostic, flexible, data-driven approach to isolate luck and ultimately measure desert, this proposal makes equal opportunity initiatives both more accurate and effective as it adapts to a changing economy. It grants to each individual the freedom to genuinely choose their place in the distribution. It provides two policy variations that are perfectly economically efficient, and two others that are conditionally so. It straightforwardly aligns outcomes with widely shared, fundamental moral intuitions. Lastly, it demonstrates much of the above by modeling four policy variations using 40 years of survey data from the Panel Study of Income Dynamics.
Author : S. Birch
Publisher : Springer
Page : 220 pages
File Size : 47,8 Mb
Release : 2003-11-25
Category : Political Science
ISBN : 9781403938763
Electoral Systems and Political Transformation in Post-Communist Europe assesses the influence of electoral systems on political change in 20 post-communist European states. The main finding is that electoral institutions have systematic effects on the formation of representative structures. 'Party-enabling' aspects of electoral laws such as list proportional representation tend to foster popular inclusion in politics and institutionalized party systems, whereas 'politician-enabling' rules such as single-member districts and ballots that allow voters to select individuals often favour the development of weakly structured systems and high levels of popular exclusion from the representative process.
Author : Henry Kiddle,Alexander Jacob Schem
Publisher : Unknown
Page : 376 pages
File Size : 48,6 Mb
Release : 1882
Category : Education
ISBN : UOM:39015053669993
Author : Paul Leinwand,Mahadeva Matt Mani
Publisher : Harvard Business Press
Page : 142 pages
File Size : 40,9 Mb
Release : 2022-01-04
Category : Business & Economics
ISBN : 9781647822330
Two world-renowned strategists detail the seven leadership imperatives for transforming companies in the new digital era. Digital transformation is critical. But winning in today's world requires more than digitization. It requires understanding that the nature of competitive advantage has shifted—and that being digital is not enough. In Beyond Digital, Paul Leinwand and Matt Mani from Strategy&, PwC's global strategy consulting business, take readers inside twelve companies and how they have navigated through this monumental shift: from Philips's reinvention from a broad conglomerate to a focused health technology player, to Cleveland Clinic's engagement with its broader ecosystem to improve and expand its leading patient care to more locations around the world, to Microsoft's overhaul of its global commercial business to drive customer outcomes. Other case studies include Adobe, Citigroup, Eli Lilly, Hitachi, Honeywell, Inditex, Komatsu, STC Pay, and Titan. Building on a major new body of research, the authors identify the seven imperatives that leaders must follow as the digital age continues to evolve: Reimagine your company's place in the world Embrace and create value via ecosystems Build a system of privileged insights with your customers Make your organization outcome-oriented Invert the focus of your leadership team Reinvent the social contract with your people Disrupt your own leadership approach Together, these seven imperatives comprise a playbook for how leaders can define a bolder purpose and transform their organizations.
Author : Donald R. Songer
Publisher : University of Toronto Press
Page : 305 pages
File Size : 53,6 Mb
Release : 2008-12-27
Category : Law
ISBN : 9781442692244
In the last half-century, the Supreme Court of Canada has undergone major upheaval. The most drastic change occurred with the adoption of the Charter of Rights in 1982, which substantially increased the Court's role in resolving controversial political and social issues. The Transformation of the Supreme Court of Canada examines the impact of institutional changes on the proceedings and decisions of the Court from 1970 to 2003. The first book on the Supreme Court to incorporate extensive in-depth interviews with former justices, this study provides both insiders' accounts of how decisions are made and an empirical analysis of more than 3,000 Court decisions. Drawing on this extensive commentary and statistical data, Donald R. Songer demonstrates that the Court has remained a politically moderate and democratic institution despite its considerable power and influence. The most comprehensive account of its kind to date, The Transformation of the Supreme Court of Canada makes a significant contribution to the literature and will be of particular interest to scholars and students of judicial behaviour and comparative law.
Author : Jean Lassègue
Publisher : Springer Nature
Page : 198 pages
File Size : 41,5 Mb
Release : 2020-03-11
Category : Science
ISBN : 9783030429058
This book presents the transformation of Cassirer’s transcendental point of view. At an early stage, Cassirer was confronted with a scientific crisis triggered by the emergence of various forms of objective knowledge, such as the plurality of geometric axiom systems and non-Euclidean geometry in relativistic physics. He finally developed a solution to the problematic unity of objective knowledge by replacing the overarching notion of objectivity with that of forms of objectification. This led him to consider the notion of “symbolic forms” as the driving force in the objectification process. This concept would become instrumental in demonstrating that the objective and human sciences are not adversaries; they merely differ in their modes of semiotic construction. These modes cannot be summarized in a fixed list of symbolic forms but operate transversally, at a level where Cassirer distinguishes between three specific operators: Expression, Evocation and Objectification. The last part of the book investigates how the relationships between these three operators stabilize specific symbolic forms. Four of these forms are then studied as examples: Myth and Ritual, Language, Scientific Knowledge, and Technology.
Author : Shuai Yuan,Lianqing Liu,Zhidong Wang,Ning Xi
Publisher : Springer Nature
Page : 189 pages
File Size : 47,5 Mb
Release : 2020-02-15
Category : Technology & Engineering
ISBN : 9789811505089
This book highlights the latest advances in AFM nano-manipulation research in the field of nanotechnology. There are numerous uncertainties in the AFM nano-manipulation environment, such as thermal drift, tip broadening effect, tip positioning errors and manipulation instability. This book proposes a method for estimating tip morphology using a blind modeling algorithm, which is the basis of the analysis of the influence of thermal drift on AFM scanning images, and also explains how the scanning image of AFM is reconstructed with better accuracy. Further, the book describes how the tip positioning errors caused by thermal drift and system nonlinearity can be corrected using the proposed landmark observation method, and also explores the tip path planning method in a complex environment. Lastly, it presents an AFM-based nano-manipulation platform to illustrate the effectiveness of the proposed method using theoretical research, such as tip positioning and virtual nano-hand.
