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The Execution of Strasbourg and Geneva Human Rights Decisions in the National Legal Order
In practice and legal doctrine, little attention has so far been paid to the position of the applicant who has taken the long road to the European Court of Human Rights (Strasbourg) or a UN Human Rights Committee (Geneva) and finally won his/her case there. Does he or she see any improvement in his/her position? Does the applicant obtain real reparation? The purpose of this book is to demonstrate how individual case decisions from Strasbourg and Geneva are implemented in the national legal order. Is there a need for improving this implementation, and if so, how can such an improvement be achieved? In this volume several legal practitioners and scholars deal with the issue of the execution of human rights decisions in the national legal order from different perspectives. Emphasis is laid on the execution of Strasbourg decisions in the Dutch legal order, but solutions in other Council of Europe member states are also discussed. The book is intended for lawyers having a special interest in human rights, both at the national and international level.
Constitutionalisation of Private Law
This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.
Constitutionalisation of Private Law
This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.
Regulating International Sport
In Regulating International Sport: Power, Authority and Legitimacy Lloyd Freeburn provides a ground-breaking account of the legal basis of regulatory power in international sport and outlines the reforms necessary to give the regime legality and legitimacy.
Peacemaking and the Canon Law of the Catholic Church
This volume unites three disparate strands of historical and legal experience. Nearly from its beginning, the Catholic Church has sought to promote peace – among warring parties, and among private litigants. The volume explores three vehicles the Church has used to promote peace: papal diplomacy of international disputes both medieval and contemporary; the arbitration of disputes among litigants; and the use of the tools of reconciliation to bring about rapprochement between ecclesiastical superiors and those subject to their authority. The book concludes with an appendix exploring a wide variety of hypothetical, yet plausible scenarios in which the Church might use its good offices to repair breaches among persons and nations.
Judicial Review of Administrative Discretion in the Administrative State
This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary’s role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica. Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performe...
A Europe of Rights
"In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate...
The Legal Culture of the European Court of Human Rights
Without understanding the legal culture of the judges a full understanding of Strasbourg’s rulings seems hardly possible. Through interviews, field observations and case law analysis, this book fills this need and offers a fresh approach towards convergence in Europe.
Chinese Law of Personality Rights I
This volume is a collection of up-to-date, authoritative essays on China’s Law of Personality Rights, its impact in practice and its legal background. The Law of Personality Rights was enacted in China in May 2020, the first time that the Law has been legislated as an independent part of the Civil Code of the People's Republic of China, marking an unprecedented step in protecting the personality rights of citizens. As the first volume of a two-volume set that elucidates the theory, practice and codification experience of the Law in China, the book examines the basis for the Law as a standalone part of the Civil Code, its overall framework and the delimitation and formation of the Law. In terms of practical aspects, the contributors delve into institutional arrangements, the relationship between human rights and personality rights, and the relationship with laws on tort liability, as well as those pertaining to marriage and the family. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law and the legal protection of personality rights.
Deference to the Administration in Judicial Review
This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
