Products related to Law:
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European Law and National Private Law : Effect of EU Law and European Human Rights Law on Legal Relationships between Individuals
Traditionally European law is important for public law.However, it is also increasingly important for private law, that is to say, the legal relationships between individuals.European Law and National Private Law addresses and analyses the various sources of European law in (hierarchical) order, namely the Treaty on the Functioning of the European Union, the general principles of EU law, EU Directives and EU Regulations, as well as the influence of fundamental rights (both the ECHR and the EU Charter) on private law.The nature of each source of law and its significance for and influence on the general part of national private law is discussed.Particular attention is devoted to the review of national private law legislation in the light of European legislation that has direct effect, direct and indirect effect of European law on legal relationships between individuals, ex officio application of European law by the national courts, and interpretation issues arising as a result of the interaction between European law and national law.Further, comparisons are drawn between the different sources of law.The book then concludes with a detailed overview of European Directives that are of particular relevance for general private law.European Law and National Private Law provides a concise introduction to the influence of EU law and the ECHR on legal relationships between individuals - a must read for every lawyer.
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Islamic Law and International Human Rights Law
The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years.The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa.This approach quickly ends in acrimony and accusations of misunderstanding.By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible.In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate.Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community.They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing.In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.
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Human Rights Law
This textbook comprehensively examines and analyses the interpretation and application of the United Kingdom's Human Rights Act 1998.The third edition has been fully updated to include the last seven years of case law. Part I covers key procedural issues including: the background to the Act; the relationship between UK courts and the European Court of Human Rights; the definition of victim and public authority; determining incompatibility including deference and proportionality; the impact of the Act on primary legislation; and damages and other remedies for the violation of Convention rights. In Part II of the book, the Convention rights, as interpreted and applied by United Kingdom courts, are examined in detail.All of the key Convention rights are discussed including: the right to life; freedom from torture and inhuman or degrading treatment or punishment; the right to liberty; fair trial; the rights to private life, family life and home; freedom of religion and belief; freedom of expression; the right to peaceful enjoyment of possessions; and the right to freedom from discrimination in the enjoyment of Convention rights.The third edition of Human Rights Law will be invaluable for those teaching, studying and practising in the areas of United Kingdom human rights law, constitutional law and administrative law.
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Central Issues in Jurisprudence : Justice, Law and Rights
Central Issues in Jurisprudence is a clear introduction to the major theories and arguments which currently dominate discussion in jurisprudence.The work enables students to read the original writers with a real understanding of how the theories relate to each other, and how these theories cluster around certain fundamental issues.Combining lucid exposition with commentary, the author provides a penetrating analysis of each theory examined, and a deep understanding of the problems addressed.
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Is criminal law, inheritance law, or fundamental rights not a right?
Criminal law, inheritance law, and fundamental rights are not considered individual rights in the same way that civil rights or human rights are. Instead, they are legal frameworks that govern specific aspects of society. Criminal law dictates what behavior is considered illegal and the consequences for those actions. Inheritance law governs how a person's assets are distributed after their death. Fundamental rights are basic rights and freedoms that are considered essential for all individuals, such as the right to freedom of speech or the right to a fair trial.
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When do law and justice not coincide?
Law and justice do not coincide when the law is unjust or when it is not applied fairly. In some cases, the law may be discriminatory or biased, leading to unjust outcomes. Additionally, there may be instances where the law is not enforced equally, resulting in disparities in how justice is served. When these discrepancies occur, law and justice do not align, and individuals may not receive the fair treatment and protection they are entitled to under the law.
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Why is the Weimar Constitution a vague law?
The Weimar Constitution, which was the constitution of Germany from 1919 to 1933, is considered vague because it was intentionally designed to be flexible and adaptable to the changing political and social conditions of the time. This vagueness allowed for a wide range of interpretations and gave the government the ability to respond to different situations as they arose. However, this flexibility also made the constitution susceptible to manipulation and abuse, ultimately contributing to the instability of the Weimar Republic and its eventual downfall.
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Is Islam compatible with the Basic Law (Constitution)?
Islam is compatible with the Basic Law (Constitution) in many countries, as it allows for freedom of religion and the practice of Islam. The Basic Law typically guarantees the right to freedom of religion and the protection of religious practices, which includes the practice of Islam. However, the interpretation and implementation of these rights may vary from country to country. It is important to note that the compatibility of Islam with the Basic Law depends on the specific legal framework and the interpretation of Islamic principles within that framework.
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Foundations of Law - Administrative Law and Human Rights
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Scotland's Constitution: Law and Practice
A clear, comprehensive account of Scottish constitutional law within its UK and European context.It describes and analyses constitutional arrangements while integrating that analysis with a general background to constitutional law and the UK institutions which have a continuing relevance for the government of Scotland. This highly regarded text considers law-making powers for Scotland, the legislative process at Westminster and at Holyrood, the accountability and scrutiny of government, the independence of the judiciary and the role of the courts in interpreting and adjudicating upon constitutional and administrative law questions. The fourth edition has been fully updated throughout and includes:· An update on the Scottish devolution settlement, including the changes made by the Scotland Act 2016 in the field of social security. · A new chapter covering the Brexit referendum, the withdrawal negotiations between the UK and the EU and Brexit litigation - with a particular focus on Brexit's impact on Scottish constitutional arrangements. · Coverage of new case law since the last edition in the area of judicial review and specifically on devolution. This title is included in Bloomsbury Professional's Scottish Law and Scots Law Student online services.
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Human Rights Law Directions
Why do the decisions of the European Court of Human Rights in Strasbourg have such an impact on UK law?Why did the UK need a Human Rights Act - and why do some people say it should be repealed?Human Rights Law Directions tackles these and many more questions, introducing students to this exciting area of law.The Directions series has been written with students in mind.The ideal guide as they approach the subject for the first time, this book will help them: - Gain a complete understanding of the topic: just the right amount of detail conveyed clearly- Understand the law in context: with scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear - Identify when and how to evaluate the law critically: they'll be introduced to the key areas of debate and given the confidence to question the law- Deepen and test knowledge: visually engaging learning and self-testing features aid understanding and help students tackle assessments with confidence- Elevate their learning: with the ground-work in place you can aspire to take learning to the next level, with direction provided on how to go furtherDigital formats and resourcesThe fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The online resources that support the book include:· Multiple choice questions · Flashcard glossary · Guidance on answering the end of chapter exam questions· Guidance on answering the end of chapter self-test questions· Annotated web links· Annual updates to the book
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International Human Rights Law
Illustrating the scope of this fascinating and wide-reaching subject to the student, this clear and concise text gives a broad introduction to international human rights law.Coverage includes regional systems of protection, the role of the UN, and a variety of substantive rights.The author skilfully guides students through the complexities of the subject, and then prepares them for further study and research.Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. Digital formats and resourcesThe tenth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The online resources that support the book contain links to the full cases referenced at the end of each chapter as well as a list of annotated web links to aid further study.
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Why is the German constitution called Basic Law and not Constitution?
The German constitution is called Basic Law (Grundgesetz) because it was initially intended to be a temporary document, serving as a provisional constitution for West Germany after World War II. The framers of the Basic Law did not want to give the impression that it was a permanent constitution, as they hoped for eventual reunification with East Germany and the creation of a new, unified constitution. However, as reunification did not occur until 1990, the Basic Law has continued to serve as the constitution for the unified Germany, despite its original temporary nature.
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Is there a difference between law and justice?
Yes, there is a difference between law and justice. Law refers to the system of rules and regulations that are enforced by a governing authority, while justice refers to the concept of fairness and moral rightness in the application of the law. While the law provides a framework for regulating behavior and resolving disputes, justice is concerned with ensuring that individuals are treated fairly and equitably within the legal system. In some cases, the law may not always result in a just outcome, leading to a distinction between the two concepts.
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What is the market law, customs law, and coinage law?
Market law refers to the regulations and rules governing the operation of markets, including issues such as trading practices, competition, and consumer protection. Customs law refers to the regulations and procedures governing the import and export of goods, including tariffs, duties, and trade agreements. Coinage law refers to the regulations and standards governing the production and circulation of currency, including issues such as minting, counterfeiting, and legal tender. These laws are important for maintaining order and fairness in economic activities and trade.
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Is the Stiftung Warentest a legal entity under public law or private law?
The Stiftung Warentest is a legal entity under public law. It was established by the German government in 1964 and is funded by the federal government and the states. Its purpose is to provide independent and unbiased product testing and consumer information to the public. As a public law entity, it is subject to government oversight and its activities are aimed at serving the public interest.
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