Search Results for "abuse-of-procedural-rights-comparative-standards-of-procedural-fairness"

Abuse of Procedural Rights:Comparative Standards of Procedural

Abuse of Procedural Rights:Comparative Standards of Procedural

  • Author: International Association of Procedural Law
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041112472
  • Category: Law
  • Page: 370
  • View: 1039
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In a very meaningful way, the health of a judicial system may be judged by the care with which its procedural rights are observed. Now, in a book that takes stock of this important element as it is currently used or abused in a number of the world's legal systems, eighteen outstanding scholars approach the subject through an analysis of the following factors: the theoretical and moral implications of procedural abuses the subjects who commit them the typologies of abusive practices the consequences of abusive practices Several authors report on practices in their own countries, revealing distinct evidence of a significant degree of lowered procedural standards in the United States, several European countries, Australia, Japan, and Latin America. General and final reports provide a comparative framework for an analytical study that will repay the study of anyone concerned with the fairness of our legal institutions.

The European Account Preservation Order Regulation

The European Account Preservation Order Regulation

A Commentary

  • Author: Gilles Cuniberti,Sara Migliorini
  • Publisher: Cambridge University Press
  • ISBN: 1316879852
  • Category: Law
  • Page: N.A
  • View: 6369
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The European Account Preservation Order (EAPO) Regulation provides a protective measure for creditors wishing to freeze the bank account of their debtor, preventing the transferral or withdrawal of funds. Courts can issue freezing measures over bank accounts located in other member states, thereby establishing a new remedy for cross-border debt recovery in Europe. This book provides a detailed article-by-article commentary of the EAPO Regulation. It describes its legislative history and structure and carries out a critical analysis of its provisions and recitals, focusing on the practical implementation of the instrument. The commentary also provides additional focus on the interplay between the EAPO Regulation and the existing EU instruments and framework, and examines specific issues that the implementation of the Regulation might raise in member states. This is an important resource tool for practitioners, legal scholars and students interested in the theoretical and practical implications of the EAPO Regulation.

Procedural Science at the Crossroads of Different Generations

Procedural Science at the Crossroads of Different Generations

  • Author: Loïc Cadiet,Burkhard Hess,Marta Requejo Isidro
  • Publisher: Nomos Verlag
  • ISBN: 3845266422
  • Category: Law
  • Page: 418
  • View: 9310
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Durch die Finanzkrise wurde der Blick für die Notwendigkeit funktionierender Rechtssysteme als Garanten eines stabilen Wirtschaftssystems geschärft, aber auch die Bedeutung internationaler Standards deutlich. Hier stellen sich neue Herausforderungen, gerade für das Verfahrensrecht. Von verschiedenen Forschergenerationen aus unterschiedlichen Ländern verfasst.

The Impact of the European Convention on Human Rights on Private International Law

The Impact of the European Convention on Human Rights on Private International Law

  • Author: Louwrens Rienk Kiestra
  • Publisher: Springer
  • ISBN: 9462650322
  • Category: Law
  • Page: 329
  • View: 3691
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In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.

Cost and Fee Allocation in Civil Procedure

Cost and Fee Allocation in Civil Procedure

A Comparative Study

  • Author: Mathias Reimann
  • Publisher: Springer Science & Business Media
  • ISBN: 9789400722637
  • Category: Law
  • Page: 314
  • View: 8453
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The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.

Truth Commissions and Procedural Fairness

Truth Commissions and Procedural Fairness

  • Author: Mark Freeman
  • Publisher: Cambridge University Press
  • ISBN: 9780521615648
  • Category: Law
  • Page: 400
  • View: 5262
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This book examines notions of procedural fairness applicable to truth commissions.

Directory of Published Proceedings

Directory of Published Proceedings

Social sciences/humanities. Series SSH

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: Social sciences
  • Page: N.A
  • View: 8959
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Civil Procedure

Civil Procedure

  • Author: A. A. S. Zuckerman
  • Publisher: N.A
  • ISBN: N.A
  • Category: Civil procedure
  • Page: 999
  • View: 7014
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This is detailed and consistent account of the whole CPR system, dealing with how the overriding objective and other principles underlying civil procedure are applied and how judicial discretion and case management powers are exercised. Complementing the Green Book and other leading civil procedure titles, it analyses reported and unreported case law drawing out the principles to the applied, advising on areas where clear precedent has not yet been established or where the authority is open to question. It applies principles and human rights considerations to guide practitioners on how judges are, or should be exercising their powers and provides arguments to use before them. Endorsed by Lord Woolf, this text is designed for efficient task-oriented access to key information.

Revue de droit uniforme

Revue de droit uniforme

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: Civil law
  • Page: N.A
  • View: 2625
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Cornell international law journal

Cornell international law journal

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category:
  • Page: N.A
  • View: 8510
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Current Publications in Legal and Related Fields

Current Publications in Legal and Related Fields

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: Law
  • Page: N.A
  • View: 4066
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Legal Reform in Central America

Legal Reform in Central America

Dispute Resolution and Property Systems

  • Author: Martha A. Field,William W. Fisher
  • Publisher: Harvard University Press
  • ISBN: N.A
  • Category: Law
  • Page: 481
  • View: 3732
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The countries of Central America, afflicted for many years by civil strife and economic stagnation, are entering a new era of peace, democracy, and economic development. Now, more than ever, it is necessary for reforms in the legal system to successfully support these changes. This volume examines two fields of law in which reforms are especially crucial: the improvement of the judicial systems and other mechanisms for resolving noncriminal disputes, and modernization of the laws governing both tangible and "intellectual" property. Among the specific topics addressed in the volume are the debate over "oralidad;" the problem of interlocutory appeals; nonjudicial procedures for resolving disputes (negotiation, mediation, conciliation, and arbitration); land and trademark registration systems; land reform in Nicaragua; the management of genetic resources; online legal databases; and legal education.

International Books in Print

International Books in Print

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: English imprints
  • Page: N.A
  • View: 4006
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American Book Publishing Record

American Book Publishing Record

BPR annual cumulative

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: United States
  • Page: N.A
  • View: 5180
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Litigância de Má Fé, Abuso do Direito de Acção e Culpa "In Agendo"

Litigância de Má Fé, Abuso do Direito de Acção e Culpa

  • Author: António Menezes Cordeiro
  • Publisher: Leya
  • ISBN: 9724055175
  • Category: Law
  • Page: N.A
  • View: 1634
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Índice Geral Capítulo I - Introdução Capítulo II - A Litigância de Má-Fé Capítulo III - O Abuso do Direito de Ação Capítulo IV - A Responsabilidade pela Acção ou Culpa In Agendo Capítulo V - Litigância de Má Fé, Abuso do Direito de Acção e Culpa In Agendo Capítulo VI - A Responsabilidade do Requerente da Insolvência

Environmental Judicial Review

Environmental Judicial Review

  • Author: Richard Moules
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847318118
  • Category: Law
  • Page: 430
  • View: 7030
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Judicial review of environmental decisions is an important and growing area of public law. But although the general principles of judicial review have been clearly mapped out, their application to the particular context of the environment is under-explored. This book therefore seeks to provide a detailed and critical account of environmental judicial review in both domestic and EU law. Part I explains the central principles of environmental law, such as the polluter pays principle and the precautionary principle, and shows how they influence the application of public law standards of legality. Part II considers the procedure for judicial review with particular emphasis on standing, protective costs and the availability of interim relief. Part III consists of a detailed examination of how each of the grounds for judicial review is applied in the environmental context. It highlights the increased emphasis on consultation and public participation in environmental matters, the degree of deference afforded by the courts to scientific and political judgments, and the prevalence of 'hard-edged' questions of law. Part IV focuses on EU law and examines direct and indirect actions before the EU courts, preliminary references and state liability. It also considers infraction proceedings brought by the EU Commission, the role of individuals and NGOs in relation to such proceedings and the interrelationships between infraction proceedings and judicial review. Finally, Part V explains the complex regime governing access to environmental information.

Comparative Criminal Justice Systems

Comparative Criminal Justice Systems

  • Author: Shahid M. Shahidullah
  • Publisher: Jones & Bartlett Publishers
  • ISBN: 1449604250
  • Category: Law
  • Page: 554
  • View: 1949
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Written for students of criminal justice, Comparative Criminal Justice Systems: Global and Local Perspectives examines the nature of crime and justice in varying countries and cultures in North America, Europe, Asia, Africa, and Latin America. Using a topical approach, it compares different systems of crime and justice in terms of their differences from, and similarities to, the laws and institutions of modern criminal justice, focusing on the United States as a standard of comparison. By examining different criminal justice systems in terms of their local peculiarities and understanding their change and continuity, readers will gain a well-rounded international perspective of the world's varying systems of criminal justice. Key Features: -Explores the rise of modern criminology and the criminal justice system in the nineteenth century. It is critical for students to understand the history of modern systems to fully comprehend the varying nature of today's main legal systems, focusing on the United States as a standard of comparison. -Employs a topical approach to examine the criminal justice systems in varying countries in Europe, Asia, Africa, and Latin America, including comparative views on law enforcement, judicial systems, corrections, due process of law, and search and seizures. -Includes discussions on comparative processes of criminalization and decriminalization on such issues as domestic violence, child abuse, homosexuality, and sexual harassment. -Discusses new global crimes and their impact on modern and traditional criminal justice systems, including human smuggling, global sex trade, global illegal drug trade, illegal trafficking of conventional military weapons, money laundering, cybercrime, and global terrorism. -Discussion questions ensure that student's grasp the core theoretical concepts.

Natural Justice

Natural Justice

  • Author: Ken Binmore
  • Publisher: Oxford University Press
  • ISBN: 9780198039648
  • Category: Political Science
  • Page: 224
  • View: 8152
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This book lays out foundations for a "science of morals." Binmore uses game theory as a systematic tool for investigating ethical matters. He reinterprets classical social contract ideas within a game-theory framework and generates new insights into the fundamental questions of social philosophy. In contrast to the previous writing in moral philosophy that relied on vague notion such as " societal well-being" and "moral duty," Binmore begins with individuals; rational decision-makers with the ability to empathize with one another. Any social arrangement that prescribes them to act against their interests will become unstable and eventually will be replaced by another, until one is found that includes worthwhile actions for all individuals involved.

Abuse of Discretion

Abuse of Discretion

The Inside Story of Roe v. Wade

  • Author: Clarke D. Forsythe
  • Publisher: Encounter Books
  • ISBN: 1594036926
  • Category: Law
  • Page: 477
  • View: 9070
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Based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court's abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health. The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health. Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision—with such important consequences for public health, producing such prolonged political turmoil—come from the Supreme Court in 1973? Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued. Discuss Abuse of Discretion on Twitter using hashtag #AbuseOfDiscretion.

Procedural Review in European Fundamental Rights Cases

Procedural Review in European Fundamental Rights Cases

  • Author: Janneke Gerards,Eva Brems
  • Publisher: Cambridge University Press
  • ISBN: 1107183774
  • Category: Law
  • Page: 276
  • View: 5394
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Procedural review is increasingly a means of deciding European fundamental rights cases; this book explores its practical potential and limitations.