the scope of constitutional law
Tài liệu Regulatory Rights Supreme Court Activism, the Public Interest, and the Making of Constitutional Law doc
... “interpretivists”—most of them merely to acknowledge that they include the written document in their account of constitutional law, 92 some to convey the stronger message that the text is the exclusive source of constitutional ... instance, the common strategy is to bow to the popular equation of the document with the Constitution, but then to distinguish the Constitution, in turn, from constitutional law Only constitutional law ... 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...
- 274
- 920
- 1
Internal Reasons and the Scope of Blame
... at the very last moment in front of an oncoming train It’s not that they don’t appreciate the danger – on the contrary, the danger is the whole point Rather, they don’t value the benefits of the ... sceptical view about the existence of normative reasons, rather than an internalist theory of them Then another large part of what Hume says is concerned with the psychological question of what gives ... universalism about the scope of responsibility and blame, rigorism about the bases of respect The resulting diagnosis of the tensions in our conception of morality at least overlaps with that of Williams’...
- 31
- 385
- 0
The Mystification of Common-Law Reasoning
... version of analogical reasoning, the court compares the relative strength of two sets of facts – the facts of the precedent case and the facts of a new case now under consideration If the facts of the ... that the ratio sets out the factors that ground the reason(s) in favor of the result: the later court must determine the strength of the reason in favor of the result in the precedent on the basis ... precedents can be seen as the reverse of expansion of precedents on the basis of similarity: here, the court limits the effect of precedents on the basis of dissimilarity The process of distinguishing...
- 40
- 408
- 0
The return of universalist law - human rights and free trade
... the French Declaration of the Rights of Man and Citizen As apprehended by Friedrich Tenbruck, they build on the Creation, the universality of the Children of God and of brotherhood with the ... feature of the 1994 reference to the aim of ‘optimal use of the world’s resources’ as opposed to the 1947 objective for the use of the ‘full resources of the world’ References to human rights and the ... in the Middle Ages of the salvation of the Kingdom of God on earth ’ The ‘secular remnants of this Christian theology of history’ facilitated ideas of an equal and common development of...
- 40
- 532
- 0
Tài liệu Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law pptx
... traditional rights 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 ... 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 ... June 2007 The main aim of the workshop was to gather together experts in the fields of criminal law and procedure, criminology, legal history, law and psychology and the sociology of law in order...
- 327
- 520
- 0
Tài liệu Imperialism, Sovereignty and the Making of International Law docx
... Thus, the emergence of a secular natural law -the natural law which was proclaimed to be the basis of the new international law is coeval with his resolution of the problem of the legal status of ... diminishes the power of the Pope, for these secular systems of law are administered by the sovereign rather than the Pope Vitoria further undermines the position of the Church by refuting another justification ... international law is further reflected by the structure of many of the major textbooks of international law, which introduce the subject by outlining the problem and offering some sort of solution...
- 381
- 3,258
- 0
The Politics of International Law doc
... divided the United States from the large majority of other states that voted to adopt the Rome Statute of the Court, in particular the role of the Security Council, the powers of the prosecutor, the ... fundamental as the expanding corpus of international law, the obligatory force of that law, the way in which the weak can employ the law as a power resource, the historical uniqueness of the modern ... Relations Theory (Boulder: Westview, 1989), p 18 The politics of international law international law The end of the Cold War, and the attendant talk of a ‘new world order’, the triumph of liberalism,...
- 346
- 3,737
- 1
The Province of Administrative Law pot
... School of Law, Bloomington Mark Aronson is Professor of Law at the University of New South Wales Jack M Beermann is Professor of Law at Boston University Paul Craig is Professor of Law and Fellow of ... collection of essays, possible The organisation of the conference was one of the pleasurable duties I undertook in 1996 as the Law Foundation of Saskatchewan Visiting Professor at the College of Law, ... between the papers First of all, a word of explanation is necessitated by the ubiquity of the term "public law" The reference in the title of this book to administrative law, rather than to public law, ...
- 410
- 609
- 0
THE ‘WAR ON TERROR’ AND THE FRAMEWORK OF INTERNATIONAL LAW doc
... 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 ... 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 ... Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation,...
- 542
- 1,182
- 0
THE PHILOSOPHY OF INTERNATIONAL LAW potx
... provinces of law such as criminal law, contract law, and the law of torts, or specific types of law, such as municipal state law, judge-made law, and customary law. 2 The philosophy of international law ... customary law In the context of the discussion of the processes of international law- making and hence of the sources or identification of its norms, the question of the kind of norms created 27 ... norms and their content are a matter for the sources of international law Two of the early chapters in the book address the sources of international law in depth.20 Among the key features of law that...
- 626
- 600
- 0
Imperialism, Sovereignty and the Making of International Law Part 1 pdf
... 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 ... problem, and the critiques of these attempts have, on the whole, constituted the central theoretical debate of the discipline.6 The defining character of this problem to the whole discipline of international ... international law is further reflected by the structure of many of the major textbooks of international law, which introduce the subject by outlining the problem and offering some sort of solution...
- 35
- 364
- 0
Imperialism, Sovereignty and the Making of International Law Part 2 ppsx
... 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, ... 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 ... justification of their conquest precisely because it is presented in the language of liberality and even equality Vitoria continuously alludes to the theme of the novelty of the discovery of the Indians:...
- 39
- 351
- 0
Imperialism, Sovereignty and the Making of International Law Part 3 ppt
... act upon the advice of British Of cers ‘in matters relating to the administration of justice, the development of the resources of the country, the interests of commerce, or in any other matter ... merchants and their families to reside in these cities for purposes of trade See Article II of the Treaty of Nanking See Article X of the Treaty of Nanking Wang Tieya describes the collapse of the traditional ... Institutes of the Law of Nations, p 104 As Gong notes: The subjective nature of the recognition process and the political element within the standard of “civilization” put the European powers in the...
- 39
- 516
- 0
Imperialism, Sovereignty and the Making of International Law Part 4 pot
... one of the morals McNair deduces from the history of the development of the Law of Nations is that the progress of International Law is intimately connected with the victory everywhere of constitutional ... facilitate the economic exploitation of non-European territories The question of the enduring effects for non-European societies of the history of exclusion is related to the issue of the legacy of the ... 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
... 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 ... for 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 ... 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...
- 39
- 390
- 0
Imperialism, Sovereignty and the Making of International Law Part 6 doc
... 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 ... to be created now or after the adoption of a new law of responsibility, a good deal of the objectionable features of this law from the point of view of the victims of colonialism are likely to ... idea of the scale of exploitation is suggested by the fact that in 1928, the people of Nauru received 2.6 per cent of the value of their phosphates Ibid at p 235 It is likely that studies of the...
- 39
- 470
- 0
Imperialism, Sovereignty and the Making of International Law Part 7 potx
... regulated by the laws of that government These agreements were not, of course, the subject of international law since they fell within the scope of the domestic jurisdiction of the colonial state The ... States in their capacity as subjects of international law is based on the municipal law of some country The question as to what this law is forms the subject of that branch of law which is at the present ... sketching the impact of arbitration on the emergence of the law of development, and on the classical principles of sovereignty that the Third World sought to rely upon, I have focused on some of the...
- 39
- 409
- 0
Imperialism, Sovereignty and the Making of International Law Part 8 docx
... opposed to the provision of the basic welfare services necessary for survival.51 Further, the Articles of Agreement of the Bank, the constituent document of the organization, require the Bank to ... foreigners by the Spanish, rather than the 70 71 72 Emer de Vattel, Joseph Chitty (ed.), The Law of Nations: Or, Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and ... entities (the Bank and the IMF), has had a profound impact on the peoples and states of the Third World This is a consequence of the fact that the IFIs make the financial assistance they provide...
- 39
- 431
- 0
Imperialism, Sovereignty and the Making of International Law Part 9 docx
... international activities in the name of the WAT These developments suggest a dual process: the further expansion, ostensibly within the framework of the UN Charter, of the powers of the large states, and ... whether the actions of the Security Council could be reviewed by the ICJ and whether in fact the Security Council was bound in any way by international law, and the question of the powers of the ... benevolent The furtherance of justice, the promotion of humanitarianism; these are the great goals that imperialism has traditionally set itself The further important issue is the question of whether...
- 38
- 290
- 0
Imperialism, Sovereignty and the Making of International Law Part 10 pptx
... Annual Report of the Mandatory Powers’, (1926) 10 League of Nations Official Journal1322 1328 Lorimer, James, The Institutes of the Law of Nations: A Treatise of the Jural Relations of Separate ... Jawaharlal, The Discovery of India (New York: The John Day Co., 1946) Norton, Patrick M., Law of the Future or Law of the Past? Modern Tribunals and the International Law of Expropriation’, (1991) ... ‘When Was the Law of International Society Born? An Inquiry of the History of International Law from an Intercivilizational Perspective’, Journal of the History of International Law (2000)...
- 30
- 499
- 0
Tìm thêm: xác định các mục tiêu của chương trình xác định các nguyên tắc biên soạn khảo sát chương trình đào tạo của các đơn vị đào tạo tại nhật bản xác định thời lượng học về mặt lí thuyết và thực tế tiến hành xây dựng chương trình đào tạo dành cho đối tượng không chuyên ngữ tại việt nam điều tra đối với đối tượng giảng viên và đối tượng quản lí khảo sát thực tế giảng dạy tiếng nhật không chuyên ngữ tại việt nam khảo sát các chương trình đào tạo theo những bộ giáo trình tiêu biểu nội dung cụ thể cho từng kĩ năng ở từng cấp độ xác định mức độ đáp ứng về văn hoá và chuyên môn trong ct phát huy những thành tựu công nghệ mới nhất được áp dụng vào công tác dạy và học ngoại ngữ các đặc tính của động cơ điện không đồng bộ đặc tuyến hiệu suất h fi p2 đặc tuyến tốc độ rôto n fi p2 đặc tuyến dòng điện stato i1 fi p2 sự cần thiết phải đầu tư xây dựng nhà máy thông tin liên lạc và các dịch vụ phần 3 giới thiệu nguyên liệu chỉ tiêu chất lượng theo chất lượng phẩm chất sản phẩm khô từ gạo của bộ y tế năm 2008 chỉ tiêu chất lượng 9 tr 25