The aim of this book is to present the conditions under which the positive role of supervision over courts and judges can be performed, and to shed light on what conditions have to be fulfilled in order to achieve the goal of creating an impartial and professional judiciary system. The analysis has normative and sociological nature, and is presented from various points of view, including international and national legal systems such as Austria, Denmark, Germany, Poland, Slovakia and Sweden. The research has come to the conclusion that administrative supervision may be used as a feasible instrument for making the courts’ activity more effective. It can improve the organization of the courts’ adjudication and may lead to an increase in the quality of jurisprudence.
Автор: John J. Dinan Название: Keeping the People`s Liberties: Legislators, Citizens, and Judges As Guardians of Rights ISBN: 070063147X ISBN-13(EAN): 9780700631476 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 25070.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Which branch of government should be entrusted with safeguarding individual rights? Conventional wisdom assigns this responsibility to the courts, on the grounds that liberty can only be protected through judicial interpretation of bills of rights. In fact it is difficult for many people even to conceive of any other way that rights might be protected. John Dinan challenges this understanding by tracing and evaluating the different methods that have been used to protect rights in the United States from the founding until the present era.
By examining legislative statutes, judicial decisions, convention proceedings, and popular initiatives in four representative states—Massachusetts, Virginia, Michigan, and Oregon—Dinan shows that rights have been secured in the American polity in three principal ways. Throughout the eighteenth and nineteenth centuries, rights were protected primarily through representative institutions. Then in the early twentieth century, citizens began to turn to direct democratic institutions to secure their rights. It was not until the mid-twentieth century that judges came to be seen as the chief protectors of liberties.
By analyzing the relative ability of legislators, citizens, and judges to serve as guardians of rights, Dinan's study demonstrates that each is capable of securing certain rights in certain situations. Elected representatives are generally capable of protecting most rights, but popular initiatives provide an effective mechanism for securing rights in the face of legislative intransigence, and judicial decisions offer a superior means of protecting liberties in crisis times. Accordingly, rather than viewing rights protection as the peculiar province of any single institution, this task ought to be considered the proper responsibility of all these institutions.
By undertaking a comparison of these institutional methods across such a wide expanse of time, Keeping the People's Liberties makes a highly original contribution to the literature on rights protection and provides a new perspective on debates about the contemporary role of representative, populist, and judicial institutions.
Автор: Alvin J. Esau Название: The Courts and the Colonies: The Litigation of Hutterite Church Disputes ISBN: 077481117X ISBN-13(EAN): 9780774811170 Издательство: Wiley EDC Рейтинг: Цена: 34310.00 T Наличие на складе: Поставка под заказ. Описание: The Courts and the Colonies offers a detailed account of a protracted dispute arising within a Hutterite colony in Manitoba, when the Schmiedeleut leaders attempted to force the departure of a group that had been excommunicated but would not leave. This resulted in about a dozen lawsuits in both Canada and the United States between various Hutterite factions and colonies, and placed the issues of shunning, excommunication, legitimacy of leadership, and communal property rights before the secular courts. What is the story behind this extraordinary development in Hutterite history? How did the courts respond, and how did that outside (state) law relate to the traditional inside law of the Hutterites?
Автор: Alvin J. Esau Название: The Courts and the Colonies: The Litigation of Hutterite Church Disputes ISBN: 0774811161 ISBN-13(EAN): 9780774811163 Издательство: Wiley EDC Рейтинг: Цена: 99530.00 T Наличие на складе: Поставка под заказ. Описание: The Courts and the Colonies offers a detailed account of a protracted dispute arising within a Hutterite colony in Manitoba, when the Schmiedeleut leaders attempted to force the departure of a group that had been excommunicated but would not leave. This resulted in about a dozen lawsuits in both Canada and the United States between various Hutterite factions and colonies, and placed the issues of shunning, excommunication, legitimacy of leadership, and communal property rights before the secular courts. What is the story behind this extraordinary development in Hutterite history? How did the courts respond, and how did that outside (state) law relate to the traditional inside law of the Hutterites?
Название: Law and Citizenship ISBN: 0774812990 ISBN-13(EAN): 9780774812993 Издательство: Wiley EDC Рейтинг: Цена: 99530.00 T Наличие на складе: Поставка под заказ. Описание: The essays in Law and Citizenship provide a framework for analyzing citizenship in an increasingly globalized world by addressing a number of fundamental questions. How are traditional notions of citizenship erecting borders against those who are excluded? What are the impacts of changing notions of state, borders, and participation on our concepts of citizenship? Within territorial borders, to what extent are citizens able to participate, given that the principles of accountability, transparency, and representativeness remain ideals? The contributors address the numerous implications of the concept of citizenship for public policy, international law, poverty law, immigration law, constitutional law, history, political science, and sociology.
Автор: Giovanni De Gregorio, Marco Bassini, Oreste Pollicino Название: Internet Law and Protection of Fundamental Rights ISBN: 8831322702 ISBN-13(EAN): 9788831322706 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 62830.00 T Наличие на складе: Нет в наличии. Описание: The protection of fundamental rights in the digital age is increasingly at the core of Internet law. The massive spread of digital and algorithmic technologies is raising questions that are intimately constitutional. Rights and freedoms are exposed to the opportunities and challenges of digital technologies, thus leading to different constitutional reactions. The book is structured in three parts. It starts by providing a focus on the primary questions around the Internet, particularly the regulation and governance of the digital environment, the jurisdictional challenge and the access to the Internet. Then, the second part of the book examines the law of online content, looking at the protection of freedom of expression in the real and the digital world, the law of online intermediaries, the challenges raised by disinformation and hate speech, and specific sectors such as copyright and audiovisual media services. The third part analyses the field of privacy and data protection by looking at their historical roots, the role of the GDPR and specific challenges, particularly the right to be forgotten, data retention and the transfer of data.
Автор: Ebers Martin, Cantero Gamito Marta Название: Algorithmic Governance and Governance of Algorithms: Legal and Ethical Challenges ISBN: 3030505618 ISBN-13(EAN): 9783030505615 Издательство: Springer Рейтинг: Цена: 139750.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Algorithms are now widely employed to make decisions that have increasingly far-reaching impacts on individuals and society as a whole ("algorithmic governance"), which could potentially lead to manipulation, biases, censorship, social discrimination, violations of privacy, property rights, and more.
Автор: Brennan Название: Algorithms, Child Protection and Safeguarding Technology ISBN: 1138555401 ISBN-13(EAN): 9781138555402 Издательство: Taylor&Francis Рейтинг: Цена: 51030.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book explores the emergence of a safeguarding dystopia in child online protection. The text argues that a safeguarding dystopia results in docile children, rather than safe ones, and that we should stop seeing technology as the sole solution to online safeguarding.
Автор: Ebers Martin, Cantero Gamito Marta Название: Algorithmic Governance and Governance of Algorithms: Legal and Ethical Challenges ISBN: 3030505588 ISBN-13(EAN): 9783030505585 Издательство: Springer Цена: 111790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Algorithms are now widely employed to make decisions that have increasingly far-reaching impacts on individuals and society as a whole ("algorithmic governance"), which could potentially lead to manipulation, biases, censorship, social discrimination, violations of privacy, property rights, and more.
Автор: Bomhoff Название: Balancing Constitutional Rights ISBN: 1107622484 ISBN-13(EAN): 9781107622487 Издательство: Cambridge Academ Рейтинг: Цена: 33790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The language of `balancing` and `proportionality` is pervasive in contemporary constitutional law theory and practice around the world. Taking post-war US and German constitutional jurisprudence as detailed case studies, this book is the first to argue that this familiar language has radically different meanings in different settings.
Автор: Bomhoff Название: Balancing Constitutional Rights ISBN: 1107044413 ISBN-13(EAN): 9781107044418 Издательство: Cambridge Academ Рейтинг: Цена: 109830.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The language of `balancing` and `proportionality` is pervasive in contemporary constitutional law theory and practice around the world. Taking post-war US and German constitutional jurisprudence as detailed case studies, this book is the first to argue that this familiar language has radically different meanings in different settings.
The First Amendment is the principle guarantor of speech rights in the United States. But the Supreme Court's interpretations of it often privilege the interests of media owners over those of the broader citizenry.
Laura Stein argues that such rulings alienate citizens from their rights, corrupt the essential workings of democracy, and prevent the First Amendment from performing its critical role as a protector of free speech. Drawing on the best of the liberal democratic tradition, Stein demonstrates that there is a significant gap between First Amendment law and the speech rights necessary to democratic communication, and proposes an alternative set of principles to guide future judicial, legislative, and cultural policy on old and new media.
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