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This book celebrates the 40th anniversary of the creation of the CRID and the 10th anniversary of its successor, the CRIDS. It gathers twenty-one very high quality contributions on extremely interesting and topical aspects of data protection. The authors come from Europe as well as from the United States of America and Canada. Their contributions have been grouped as follows: 1° ICT Governance; 2° Commodification & Competition; 3° Secret surveillance; 4° Whistleblowing; 5° Social Medias, Web Archiving & Journalism; 6° Automated individual decision-making; 7° Data Security; 8° Privacy by design; 9° Health, AI, Scientific Research & Post-Mortem Privacy. This book is intended for all academics, researchers, students and practitioners who have an interest in privacy and data protection.
"In Modern Isonomy distinguished political theorist Gerald Stourzh develops the idea of "isonomy" or a system of equal rights for all, as an alternative to the concept of "democracy." The ideal for Stourzh is a state, and indeed a world, in which individual rights, including the right to participate in politics equally, are clearly defined, and possessed by all, as the core of a real democratic system. Stourzh begins with ancient Greek thought contrasting isonomy--which is associated with the rule of the many--with oligarchies and monarchies, pursuing the implications of these different forms for the rights accorded to individuals. He moves on through history to discuss the American experime...
Ein Rechtsstaat muss sich im Alltag fortlaufend bewähren. Besonders herausgefordert wird er aber in aussergewöhnlichen Bedrohungslagen, wie sie die Notstands- und Antiterrorgesetzgebung regulieren. Der vorliegende und vorläufig letzte Band des deutsch-türkischen Forums berichtet über die diesbezügliche aktuelle Rechtslage und verfassungsgerichtliche Praxis in Deutschland und in der Türkei und enthält rechtsstaatlich reflektierte Korrektur- und Reformvorschläge.
This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonablene...
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-di...
Global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era. However, the legitimacy of the resul...
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