General Principles and Sector-Specific Rules in European Administrative Laws
General Principles and Sector-Specific Rules in European Administrative Laws

Author: Giacinto della Cananea

Publisher: Oxford University Press

Published: 2024-07-04

Total Pages: 353

ISBN-13: 0192637657

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In the field of administrative law, there is no systematic body of rules similar to those characteristic of European civil codes. General principles are therefore of fundamental importance. This volume - the sixth in the series concerning the common core of European administrative laws - explores this importance through two strands. Firstly, it examines in detail the relationship between general principles of law, such as due process, and sector-specific rules established by legislative and regulatory provisions, for example in licensing and disciplinary matters. Several questions about the nature of general principles emerge through this analysis. Are general principles about filling gaps? Or do they have a foundational role because they give meaning to the values that are shared by European legal systems, such as respect for the rule of law and for fundamental rights? Secondly, this volume also explores the interaction between commonality and diversity in European administrative law. It considers whether there are shared standards of administrative conduct, including the duty to give reasons, or if there are fundamental differences with regard to non-European legal systems, such as that of China and Venezuela. These questions are investigated through factual analysis, based on a set of hypothetical cases, which are discussed by national experts. This book then scrutinizes these questions to determine how commonality and diversity have extended and interact with one another, within and across legal systems, both diachronically and synchronically, over the course of a century. It shows that there are both unexpected areas of agreement between the European legal systems, notably concerning the right to be heard (expressed by the maxim audi alteram partem) and the duty to give reasons, and there are also areas of disagreement, for example as far as the right to remain silent vis ? vis the administration (that is, nemo tenetur se detegere) is concerned.

Constitutional Courts, Media and Public Opinion
Constitutional Courts, Media and Public Opinion

Author: Angioletta Sperti

Publisher: Bloomsbury Publishing

Published: 2023-11-16

Total Pages: 187

ISBN-13: 1509953612

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This book explores how constitutional courts have transformed communication and overcome their reluctance to engage in direct dialogue with citizens. How has the information revolution affected the relationship of constitutional courts with the public and the media? The book looks in detail at the communication strategies of the US Supreme Court, the Supreme Court of Canada, and in Europe the German Federal Constitutional Tribunal, the French Conseil Constitutionnel and the Italian Constitutional Court, arguing that when it comes to the relationship between courts and the media, different jurisdictions share many similarities. It focuses on the consequences of the communication revolution of courts both in terms of their relationship with public opinion and of the legitimacy of judicial review of legislation. Some constitutional courts have attracted criticism by engaging in proactive communication and, therefore, arguably yielding to the temptation of public support. The book argues that objections to the developing institutional communications employed by courts come from a preconceived notion of public opinion. It considers the burden the communication revolution has placed on constitutional courts to achieve a balance between transparency and seclusion, proximity and distance from public opinion. It puts forward important arguments for how this balance can be achieved. The book will interest scholars in constitutional law and public comparative law, sociologists, historians, political scientists, and scholars of media law and communication studies.

The Common Core of European Administrative Laws
The Common Core of European Administrative Laws

Author: Giacinto della Cananea

Publisher: BRILL

Published: 2023-07-24

Total Pages: 247

ISBN-13: 9004549579

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Though European administrative laws have gained global significance in the last few decades, research which provides both theoretical analysis and original empirical research has been scarce. This book offers an important account of the evolution of judicial review and administrative procedure legislation, using a factual analysis to shed light on how the different legal systems react to similar problems. Discussing the concept of a ‘common core’, Giacinto della Cananea reveals the commonalities in, and differences between, the foundational assumptions of European administrative adjudication and rule-making.

The Austrian Codification of Administrative Procedure
The Austrian Codification of Administrative Procedure

Author: Giacinto della Cananea

Publisher: Oxford University Press

Published: 2023-02-04

Total Pages: 324

ISBN-13: 0192637754

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This book argues that the development of administrative law in Europe owes much to Austria, not only because its Administrative Court was one of the first to define and refine general principles, such as legality, due process and general interest, but also because in 1925 Austria adopted a general law of administrative procedure, which had important consequences for other legal systems. The book follows two themes. The first is the Austrian codification of administrative procedure itself. The second is the spread of Austrian ideas and institutions to some neighbouring countries. From the first point of view, the book points out the various factors that favoured the adoption of administrative procedure legislation and the reception of the model of review. In this respect, the book is enriched by the English translation of the Austrian general act of 1925. From the other viewpoint, the book deviates from the standard accounts whereby the Austrian codification had some influence on its closest neighbours, including Poland, Czechoslovakia and Yugoslavia; first, because it compares their legislative provisions, as well as their durability, notwithstanding drastic political changes, when these countries fell under Soviet rule; second, because it does not limit itself to the concept of 'influence', arguing that there was a 'diffusion' of general administrative procedure legislation; thirdly, because it examines why the major administrative systems of continental Europe, such as France, Germany and Italy, did not adopt administrative procedure legislation. The book thus provides an unprecedented outlook on the emergence of an increasing common core regarding administrative procedure.

After Kant
After Kant

Author: Michael Sonenscher

Publisher: Princeton University Press

Published: 2023-07-11

Total Pages: 584

ISBN-13: 0691245649

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Tracing the origins of modern political thought through three sets of arguments over history, morality, and freedom In this wide-ranging work, Michael Sonenscher traces the origins of modern political thought and ideologies to a question, raised by Immanuel Kant, about what is involved in comparing individual human lives to the whole of human history. How can we compare them, or understand the results of the comparison? Kant’s question injected a new, future-oriented dimension into existing discussions of prevailing norms, challenging their orientation toward the past. This reversal made Kant’s question a bridge between three successive sets of arguments: between the supporters of the ancients and moderns, the classics and romantics, and the Romans and the Germans. Sonenscher argues that the genealogy of modern political ideologies—from liberalism to nationalism to communism—can be connected to the resulting discussions of time, history, and values, mainly in France but also in Germany, Switzerland, and Britain, in the period straddling the French and Industrial revolutions. What is the genuinely human content of human history? Everything begins somewhere—democracy with the Greeks, or the idea of a res publica with the Romans—but these local arrangements have become vectors of values that are, apparently, universal. The intellectual upheaval that Sonenscher describes involved a struggle to close the gap, highlighted by Kant, between individual lives and human history. After Kant is an examination of that struggle’s enduring impact on the history and the historiography of political thought.

Gender, National Security and Counter-terrorism
Gender, National Security and Counter-terrorism

Author: Margaret L. Satterthwaite

Publisher: Routledge

Published: 2013

Total Pages: 288

ISBN-13: 0415781795

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From its inception, the "War on Terror" has been a heavily gendered endeavour. A careful examination of counter-terrorism campaigns outside the current "War on Terror," reveals that such national security efforts also have a complex, but often unexplored, relationship to gender. This edited volume brings together scholars from various disciplines to consider, from a human rights perspective, the many ways in which gender interacts with counter-terrorism and national security efforts by modern states. The book provides a systematic overview of the key intersections between gender and counter-terrorism considering what it means to take a gendered human rights approach to counter-terrorism measures, the patterns that emerge from such an approach, and the human rights tools that can be utilized in this endeavour. The book includes case studies of specific countries including Pakistan, Sri Lanka and the USA, exploring the intersections of gender and counter-terrorism in the specific country context, drawing both country-specific and general conclusions. It goes on to examine the narratives and common assumptions at work in the counter-terrorism context and the gendered impacts of specific policies, analyzing through a gender lens the counter-terrorism efforts associated with the post-9/11 "War on Terror" as well as other campaigns against terrorism.

Global Contract Law in the Middle East and North Africa
Global Contract Law in the Middle East and North Africa

Author: Mohamed Ismail

Publisher: Taylor & Francis

Published: 2024-08-01

Total Pages: 228

ISBN-13: 1040100759

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This book comprehensively covers the interplay between cultural and legal globalization and the impact this has on contract law, with a particular focus on state contracts within the MENA region. The book discusses the roles assumed by Supreme Courts in Egypt and MENA countries in creating unified principles of international contract law in states’ contracts which are consistent with international commercial contracts’ principles. It makes a powerful argument for further harmonization of contract law in the area, and how this can be achieved. The book forms a case study of how international harmonization can be achieved through a number of routes, such as codification, digitalization of processes and contracts, private-public arbitration, and further use of international instruments. It also considers the implications of comparative European law, convention law, and other legal domains, particularly international standards, on contract law in the MENA region. The book suggests how international legal standards can be integrated within contract law, and how a harmonious contract law framework can thus be achieved. Through analyzing ICSID case law, the book argues that unification of contract law principles in the MENA region is a considerable step towards achieving legitimate expectations of foreign investors. It argues, further, that global contract law is underway. The book will be is of interest to students and scholars in the field of international contract law, public law, and international law in Egypt and MENA countries.

The International Legal Order in the XXIst Century / L’ordre juridique international au XXIeme siècle / El órden jurídico internacional en el siglo XXI
The International Legal Order in the XXIst Century / L’ordre juridique international au XXIeme siècle / El órden jurídico internacional en el siglo XXI

Author: Jorge E. Viñuales

Publisher: BRILL

Published: 2023-11-13

Total Pages: 1083

ISBN-13: 9004509429

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This collection of essays celebrating the work of Professor Marcelo Kohen brings together the leading scholars and practitioners of public international law from different continents and generations to explore some of the most challenging issues of contemporary international law. The volume is a testimony of esteem and friendship from colleagues and former students, and it covers a vast expanse, reflecting the width and diversity of Professor Kohen’s own contribution. Written in English, French and Spanish, the essays in this volume will appeal to a broad public of academics, practitioners and students of international law from around the world.