Treaties In Parliaments And Courts

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Treaties in Parliaments and Courts

Author : FELIX. LANGE
Publisher : Unknown
Page : 0 pages
File Size : 55,8 Mb
Release : 2024-03-28
Category : Law
ISBN : 1035324342

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Treaties in Parliaments and Courts by FELIX. LANGE Pdf

Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courts' engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions. With intellectual rigour, Felix Lange demonstrates how diverse conceptions of foreign relations law affect whether parliaments act as promoters, shapers or translators of human rights treaties, the Rome Statute to the International Criminal Court, and climate change treaties. Lange not only analyses the ways in which domestic courts rely on treaties through consistent interpretation and direct application, but also how they may dismiss treaty provisions as non-self-executing or employ the concept of non-justiciability in matters of foreign affairs. Ultimately, Lange embraces the view that parliaments and courts are being increasingly heard and suggests that their voices should become even louder. This book will prove indispensable to academics and students interested in law and politics, public international law and constitutional law. Legal practitioners with a keen interest in these areas will similarly benefit from the connections drawn between international law and constitutional law.

Community Law in the French Courts

Author : Eric E. Bergsten
Publisher : Springer Science & Business Media
Page : 151 pages
File Size : 55,7 Mb
Release : 2013-12-01
Category : Law
ISBN : 9789401505031

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Community Law in the French Courts by Eric E. Bergsten Pdf

The European Communities are only two decades old. The most important of the three Communities, the European Economic Community (EEC), is even younger, having come into existence in 1958. 1 Two decades have been hardly enough time to have more than reached, much less settled, the impor tant questions of the relationship between Community law and institutions and those of the Member States. Among the most challenging of the questions is the extent to which the courts of the Member States will fulfill the obligation of safeguarding the rights created by the Treaty of Rome in favor of private persons, both indivi dual and corporate, an obligation which the Court of Justice of the European Communities has said rests upon the national courts. This obligation flows naturally, though not necessarily, from the commitment of the Court of Justice to an effective Community. However, the result depends on that commitment, and there is a natural concern that the national courts may not share the commitment to an effective Community to a degree necessary to fulfill their obligations under Community law as those obligations have been defined by the Court of Justice. In order to fu1fi11 their obligations to Community law the courts of the Member States will have to solve some serious problems, and do it with comparatively little help from the Court of Justice.

Treaties in Parliaments and Courts

Author : Felix Lange
Publisher : Edward Elgar Publishing
Page : 353 pages
File Size : 48,5 Mb
Release : 2024-03-14
Category : Political Science
ISBN : 9781035324354

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Treaties in Parliaments and Courts by Felix Lange Pdf

Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courtsÕ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.

The Transformation of EU Treaty Making

Author : Dermot Hodson,Imelda Maher
Publisher : Cambridge University Press
Page : 355 pages
File Size : 42,5 Mb
Release : 2018-08-09
Category : Law
ISBN : 9781107112155

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The Transformation of EU Treaty Making by Dermot Hodson,Imelda Maher Pdf

Investigates the struggle between governments, parliaments, the people and courts over who participates in EU treaty making.

The International Human Rights Judiciary and National Parliaments

Author : Matthew Saul,Andreas Follesdal,Geir Ulfstein
Publisher : Cambridge University Press
Page : 417 pages
File Size : 48,9 Mb
Release : 2017-10-12
Category : Law
ISBN : 9781107183742

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The International Human Rights Judiciary and National Parliaments by Matthew Saul,Andreas Follesdal,Geir Ulfstein Pdf

Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.

The Duty to Consult

Author : Dwight G. Newman
Publisher : UBC Press
Page : 128 pages
File Size : 52,6 Mb
Release : 2009-10-25
Category : Law
ISBN : 9781895830491

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The Duty to Consult by Dwight G. Newman Pdf

"[W]hen precisely does a duty to consult arise? The foundation of the duty in the Crown's honour and the goal of reconciliation suggest that the duty arises when the Crown has knowledge, real or constructive, of the potential existence of the Aboriginal right or title and contemplates conduct that might adversely affect it." Chief Justice Beverley McLachlin, Supreme Court of Canada, Haida Nation v. British Columbia, 2004. Canada's Supreme Court has established a new legal framework requiring governments to consult with Aboriginal peoples when contemplating actions that may affect their rights. The nature of the duty is to be defined by negotiation, best practices, and future court decisions. According to Professor Newman, good consultations are about developing relationships and finding ways of living together in the encounter that history has thrust upon us. Professor Newman examines Supreme Court and lower court decisions, legislation at various levels, policies developed by governments and Aboriginal communities, and consultative round tables that have been held to deal with important questions regarding this duty. He succinctly examines issues such as: when is consultation required; who is to be consulted; what is the nature of a "good" consultation; can consultation be carried out by quasi-judicial agencies and third parties; to what extent does the duty apply in treaty areas; and what duty is owed to Métis and non-status Indians? Professor Newman also examines the evolving duty to consult in international law, similar developments in Australia, and the philosophical underpinnings of the duty.

Executive Legislation

Author : John Mark Keyes
Publisher : Unknown
Page : 611 pages
File Size : 45,9 Mb
Release : 2010
Category : Delegated legislation
ISBN : 0433460253

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Executive Legislation by John Mark Keyes Pdf

An Introduction to the Study of the Law of the Constitution

Author : A.V. Dicey
Publisher : Springer
Page : 729 pages
File Size : 48,5 Mb
Release : 1985-09-30
Category : Social Science
ISBN : 9781349179688

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An Introduction to the Study of the Law of the Constitution by A.V. Dicey Pdf

A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

The Constitution Act, 1982

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 50,8 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

Guide to Foreign and International Legal Citations

Author : Anonim
Publisher : Unknown
Page : 300 pages
File Size : 43,6 Mb
Release : 2006
Category : Annotations and citations (Law)
ISBN : STANFORD:36105063973023

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Guide to Foreign and International Legal Citations by Anonim Pdf

"Formerly known as the International Citation Manual"--p. xv.

Revisiting the Duty to Consult Aboriginal Peoples

Author : Dwight G. Newman
Publisher : Purich Publishing
Page : 192 pages
File Size : 52,5 Mb
Release : 2019-01-31
Category : Law
ISBN : 9780774880497

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Revisiting the Duty to Consult Aboriginal Peoples by Dwight G. Newman Pdf

Since the release of The Duty to Consult (Purich, 2009), there have been many important developments on the duty to consult, including three major Supreme Court of Canada decisions. Governments, Aboriginal communities, and industry stakeholders have engaged with the duty to consult in new and probably unexpected ways, developing policy statements or practices that build upon the duty, but often using it only as a starting point for different discussions. Evolving international legal norms have also come into practice that may have future bearing. Newman offers clarification and approaches to understanding the developing case law at a deeper and more principled level, and suggests possible future directions for the duty to consult in Canadian Aboriginal law.

House of Commons Procedure and Practice

Author : Canada. Parliament. House of Commons,Robert Marleau,Camille Montpetit
Publisher : Unknown
Page : 1216 pages
File Size : 49,8 Mb
Release : 2000
Category : Canada
ISBN : UCBK:C070750942

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House of Commons Procedure and Practice by Canada. Parliament. House of Commons,Robert Marleau,Camille Montpetit Pdf

This reference book is primarily a procedural work which examines the many forms, customs, and practices which have been developed and established for the House of Commons since Confederation in 1867. It provides a distinctive Canadian perspective in describing procedure in the House up to the end of the first session of the 36th Parliament in Sept. 1999. The material is presented with full commentary on the historical circumstances which have shaped the current approach to parliamentary business. Key Speaker's rulings and statements are also documented and the considerable body of practice, interpretation, and precedents unique to the Canadian House of Commons is amply illustrated. Chapters of the book cover the following: parliamentary institutions; parliaments and ministries; privileges and immunities; the House and its Members; parliamentary procedure; the physical & administrative setting; the Speaker & other presiding officers; the parliamentary cycle; sittings of the House; the daily program; oral & written questions; the process of debate; rules of order & decorum; the curtailment of debate; special debates; the legislative process; delegated legislation; financial procedures; committees of the whole House; committees; private Members' business; public petitions; private bills practice; and the parliamentary record. Includes index.

Parliamentary Practice in New Zealand

Author : David G. McGee
Publisher : Dunmore Publishing
Page : 770 pages
File Size : 48,5 Mb
Release : 2005-01-01
Category : New Zealand
ISBN : 187739906X

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Parliamentary Practice in New Zealand by David G. McGee Pdf

National Parliaments after the Lisbon Treaty and the Euro Crisis

Author : Jancic Davor
Publisher : Oxford University Press
Page : 264 pages
File Size : 52,5 Mb
Release : 2017-04-05
Category : Law
ISBN : 9780192509338

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National Parliaments after the Lisbon Treaty and the Euro Crisis by Jancic Davor Pdf

A critical assessment by eminent legal and political science experts in the field, this book examines the two key factors which have deeply affected the position of national parliaments in European integrations: the entry into force of the Lisbon Treaty and the sovereign debt crisis in the Eurozone. Structured in three parts, the book will address the question, 'Do national parliaments exhibit resilience or resignation in these changed politico-legal and socio-economic circumstances in the EU?' Part I investigates the impact of the aforementioned factors against the theoretical concepts of constitutionalism and democratic legitimacy. Part II evaluates the changing nature of parliamentary functions, and Part III appraises the evolving relationships between national parliaments and national governments, national courts, and EU institutions, in addition to surveying the emerging patterns of interparliamentary cooperation. This interdisciplinary collection yields novel insights into how the deepening of the Economic and Monetary Union and the pursuance of new initiatives for parliamentary action impact the shape and nature of EU democracy.