selectivity legitimacy and the rule of law
CONSTITUTIONS IN CRISIS Political Violence and the Rule of Law pptx
Ngày tải lên :
30/03/2014, 01:20
... account of constitutionalism and to the activity of giving reasons "And the requirement of justification is the essential idea of what we mean by the rule of law: we insist that a police officer ... life of the nation; the President must define and explain to Congress and the people the nature of this threat; the perception of the emergency, the judgment that the life of the nation is truly ... restrain the exercise of powers of emergency How one approaches the former requires some understanding and appreciation of the second inquiry and therefore of the relationship between constitutions and...
- 285
- 378
- 0
Law, Legitimacy and the Rationing of Healthcare A Contextual and Comparative Perspective docx
Ngày tải lên :
23/03/2014, 10:20
... note, the word is a cognate of ‘rationality’, and thereby connotes a distribution based upon the exercise of reason, which is carried out fairly and even-handedly.3 This is the understanding of the ... making of value judgments, raising the issue of who should make rationing decisions, which is explored in Chapter 20 Law, Legitimacy and the Rationing of Healthcare of the resource, or of the degree ... patient on the grounds of the insufficiency of evidence of the safety and relative cost-effectiveness of the drug.31 Upon reversing the decision, it sought to refute media suggestions that the absolute...
- 268
- 339
- 0
Clinical governance and the role of law
Ngày tải lên :
03/10/2015, 20:57
... stated: The notion of an unfettered discretion is contrary to the rule of law All power has legal limits and the rule of law demands that the courts should be able to examine the exercise of discretionary ... evidence The Inquiry panel noted that Rule 28 of the Professional Conduct Rules permitted the PCC to factor in the character and previous history of the practitioner‘ during the assessment of alleged ... their duties towards the public with their roles as representatives of an electorate and end up furthering the interests of the profession at the expense of the public interest Therefore, Dame Janet...
- 122
- 352
- 0
Territorial law and the rise of the state
Ngày tải lên :
01/11/2013, 08:20
... overlook the essential kinship, not of the Roman and the English law, but rather of the Roman and the English lawyer’;60 and the similar constitutional development of European kingdoms61 and the common ... aware of other regimes, and they were often the subject of appeal for law (responsa) by ‘daughter’ towns ‘[O]ne of the greatest of the tribal laws’ or ‘mirrors’, premissed in the authority of Christian ... imperfection of men’s laws (the ius proprium) was related to the lesser imperfection of the laws of the rulers of the earth (the ius commune), but both laws, in varying measure, contained and divulged...
- 29
- 653
- 0
Tài liệu Regulatory Rights Supreme Court Activism, the Public Interest, and the Making of Constitutional Law doc
Ngày tải lên :
18/02/2014, 11:20
... endorsement of the divine and hereditary right of English kings to rule, his promotion of accumulated wealth in the hands of the few, and above all his disdain for common people and for the idea of government ... about the text, theorists insist that the warp and woof of constitutional law is still traceable to the written document and must be, given that the document and only the document counts as the ... Court Activism, the Public Interest, and the Making of Constitutional Law l a r ry yac k l e the university of chicago press chicago and london larry yackle is professor of law and the Basil Yanakakis...
- 274
- 920
- 1
Tài liệu Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law pptx
Ngày tải lên :
18/02/2014, 12:20
... of the accused; the widening boundaries of the criminal law to include offences of preparation and planning; the scope and justification of offences against the person such as rape, assault and ... interpreters engaged in the rationalisation and modernisation of the criminal law On the other hand, they bear responsibility to interrogate the problems of the law, and to seek to understand its inherent ... that these are dialectically connected aspects of the same thing: the modern form of law I will now outline these two aspects of modern individualist law and then contextualise the idea of the...
- 327
- 520
- 0
Tài liệu Imperialism, Sovereignty and the Making of International Law docx
Ngày tải lên :
19/02/2014, 05:20
... colonial problems The Mandate System and the construction of the non-European state Government, sovereignty and economy The mandate and the dissolution of sovereignty The legacies of the Mandate System: ... System of the League of Nations Introduction The creation of the Mandate System 115 115 119 vii 32 32 40 52 viii contents The League of Nations and the new international law The Mandate System and ... arranged and they have definite marriage and magistrates, overlords, laws and workshops, and a system of exchange, all of which call for the use of reason; they also have a kind of religion Further, they...
- 381
- 3.3K
- 0
Tài liệu Custom, Power and the Power of Rules International Relations and Customary International Law doc
Ngày tải lên :
19/02/2014, 06:20
... and no weaker system of law enforcement than this; for it delivers the enforcement of the law to the vicissitudes of the distribution of power between the violator of the law and the victim of ... intrinsic part either of rules or of the processes of rule creation.22 When Franck discussed rule creation he did so using modified versions of Hart’s concepts of secondary rules and rules of recognition.23 ... years, not only as a result of the end of the Cold War, the disintegration of the Soviet Union and the demise of most command economies The earlier process of decolonisation, the acquisition by non-industrialised...
- 274
- 2.3K
- 0
Democratic Accountability and the Use of Force in International Law docx
Ngày tải lên :
07/03/2014, 11:20
... Accountability and the Use of Force in International Law The spread of democracy to a majority of the world’s states and the legitimization of the use of force by multilateral institutions such as NATO and ... Uses of military forces under the auspices of the UN and NATO page 24 1.2 Uses of force and forms of authorization and responsibility: the framework for analysis 29 1.3 The nine states and their ... president and executive director of the American Society of International Law since 1994 She was formerly on the legislative staff of the US Senate and on the faculty of the University of Virginia...
- 468
- 5.9K
- 0
THE ‘WAR ON TERROR’ AND THE FRAMEWORK OF INTERNATIONAL LAW doc
Ngày tải lên :
16/03/2014, 13:20
... 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on xlviii table of conventions the free movement of such ... Law Reports International Review of the Red Cross Leiden Journal of International Law Netherlands Yearbook of International Law Organisation of American States Organisation of African Unity Of cial ... aftermath In the void where there should have been debate on which responses would serve the interests of international justice, peace, security and the rule of law, the confusion and need for...
- 542
- 1.2K
- 0
THE WORLD BANK & RULE OF LAW REFORMS: GORDON BARRON doc
Ngày tải lên :
22/03/2014, 21:20
... Carothers, T (1998) The Rule of Law Revival”, Foreign Affairs 77:2 (MarchApril): pp 96-106 Carothers, T (2003) “Promoting the Rule of Law Abroad: The Problem of Knowledge”, Democracy and Rule of ... A (1999) “Demand for Law: The Law of Liposuction”, East European Constitutional Review, 8:4, pp 102-104 Shklar, J.N (1987) “Political Theory and the Rule of Law in The Rule of Law Ideal or Ideology? ... Page of 43 Chapter 1: Introduction The World Bank’s ( the Bank’s”) “discovery” of the Rule of Law (ROL) and ROL reforms in the early 1990s is often held to be the result of a convergence of external...
- 44
- 433
- 0
Legal English: How to understand and master the language of law pptx
Ngày tải lên :
23/03/2014, 06:20
... conduct of the members of the company and its of cers The of cers of a company are its directors and company secretary These rules commonly relate to matters such as the conduct of shareholder and ... the sphere of activities and nature of the company) I The company’s share capital I Articles of Association The Articles of Association (the articles) are in effect a set of rules governing the ... Memorandum of Association The Memorandum of Association (known as the ‘articles of incorporation’ in the US) contains the following information: I Name of the company The company’s objects and...
- 197
- 1.9K
- 8
Monetary Policy in the Eurozone: Evaluating the European Central Bank’s interest rate decisions and the needs of member states using a Taylor rule ppt
Ngày tải lên :
29/03/2014, 13:20
... and the questioning of the long-term viability of the Eurozone as the prospect of a breakup of the euro is increasingly viewed as possible.” While the potential fiscal and political causes of the ... Finland, France, the Netherlands, the Czech Republic, and the UK are explored in more detail It should be noted that due to the concerns about the accuracy of the HP filter towards the end of ... the output gap does not significantly affect the performance of the Taylor rule and that the Taylor rule is robust to small changes in the parameters of the model,” 63 addressing a few of the...
- 41
- 513
- 0
Imperialism, Sovereignty and the Making of International Law Part 1 pdf
Ngày tải lên :
05/08/2014, 22:20
... colonial problems The Mandate System and the construction of the non-European state Government, sovereignty and economy The mandate and the dissolution of sovereignty The legacies of the Mandate System: ... System of the League of Nations Introduction The creation of the Mandate System 115 115 119 vii 32 32 40 52 viii contents The League of Nations and the new international law The Mandate System and ... Whewell Professor of International Law, Faculty of Law, and Director, Lauterpacht Research Centre for International Law, University of Cambridge John S Bell FBA Professor of Law, Faculty of Law, University...
- 35
- 364
- 0
Imperialism, Sovereignty and the Making of International Law Part 2 ppsx
Ngày tải lên :
05/08/2014, 22:20
... accepted that the law of nations comprised treaties and customs, but who argued that the overall purpose of the law of nations, derived from the law of nature,27 was that of securing and furthering ... Yearbook of International Law 506 515 at 506 See ibid Lorimer insisted on the exceptional dependence of the law of nations on the law of nature’ Lorimer, The Institutes of the Law of Nations, ... arranged and they have definite marriage and magistrates, overlords, laws and workshops, and a system of exchange, all of which call for the use of reason; they also have a kind of religion Further, they...
- 39
- 351
- 0
Imperialism, Sovereignty and the Making of International Law Part 3 ppt
Ngày tải lên :
05/08/2014, 22:20
... in the appropriation of the property in, and of the sovereignty over, a part or the whole of the territory of a state, and when definitively accomplished, vests the whole rights of property and ... extended to the lower classes -and the dissolute members of the aristocracy of the imperial centre: 94 95 On these efforts and the importance attached to them, see Oppenheim, The Science of International ... basing the inquiry on the premise that the uncivilized were outside the law, and the positivist task was to define the terms and methods by which they were to be assimilated into the framework of law...
- 39
- 516
- 0
Imperialism, Sovereignty and the Making of International Law Part 4 pot
Ngày tải lên :
05/08/2014, 22:20
... in the aforesaid territories [the conventional Basin of the Congo] bind themselves to watch over the preservation of the native tribes, and to care for the improvement of the conditions of their ... active role in the development of international law during the most creative period of its history’.239 Many of the rules of international law that Anand refers to, such as the rules of state responsibility, ... respect More generally, the nineteenth century offers us an example of a far broader theme: the importance of the existence of the ‘other’ for the progress and development of the discipline itself...
- 39
- 407
- 0
Imperialism, Sovereignty and the Making of International Law Part 5 docx
Ngày tải lên :
05/08/2014, 22:20
... o n s 147 The Mandate System and the construction of the non-European state The mandates and the problem of sovereignty The primary novelty of the Mandate System for many jurists of the interwar ... sense of the final end of the Mandate System According to Article 22 of the Covenant, the primary purpose of the Mandate System was to secure the ‘well-being and development’ of the peoples of the ... supervising the operation of the system Once the basic framework of the Mandate System had been established, it was the PMC that had the task of ensuring the progress of the mandate territories and...
- 39
- 390
- 0
Imperialism, Sovereignty and the Making of International Law Part 6 doc
Ngày tải lên :
05/08/2014, 22:20
... through the enforcement of the laws but rather by defining the normal, the standard and the truth against which deviations are identified and then remedied.275 Sovereignty and native will The mandate ... the whole global community rather than that of the Western/European states alone, and the creation of such a system of law would in itself resolve the secondary problem of whether the rules of ... the colonial setting and serve largely to further economic inequalities The function of the rule of law in the colonies, Furnivall observed, was to further commerce, but this version of the rule...
- 39
- 470
- 0
Imperialism, Sovereignty and the Making of International Law Part 7 potx
Ngày tải lên :
05/08/2014, 22:20
... Norton, Law of the Future or Law of the Past? Modern Tribunals and the International Law of Expropriation’, (1991) 85 American Journal of International Law 474; M S Sornarajah, The Settlement of Foreign ... by the rules of international law that prevailed at the time, the laws of the nineteenth century, and is powerless to change these rules unless the states whose interests are threatened by these ... and development policy became the norm, and the collapse of the Berlin Wall and the end of the Cold War were taken to signal the ultimate triumph of capitalism and its decisive emergence as the...
- 39
- 409
- 0