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The Open Architecture of European Human Rights Law

Nico Krisch

in Beyond Constitutionalism: The Pluralist Structure of Postnational Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199228317
eISBN:
9780191594793
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228317.003.0004
Subject:
Law, Constitutional and Administrative Law, Public International Law

Chapter 4 analyses the European human rights regime, often regarded as a prime example of constitutionalization beyond the state. At closer inspection, this description turns out to be misguided—the ... More


The protection of rights in Britain and the protection of rights in its territories during colonial rule and at independence

Charles O.H. Parkinson

in Bills of Rights and Decolonization: The Emergence of Domestic Human Rights Instruments in Britain's Overseas Territories

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231935
eISBN:
9780191716157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231935.003.0002
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter sets out the intellectual history of the protection of rights in English constitutional thought from 1689 to present, and how this approach to protecting rights was translated to the ... More


The Concept of Indirect Expropriation in Comparative Public Law—Searching for Light in the Dark

Markus Perkams

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0004
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter analyses the concept of indirect expropriation in international investment agreements. In particular, it focuses on the distinction between a compensable indirect expropriation and a ... More


The Phases of European Integration

Bernard Stirn

in Towards a European Public Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198789505
eISBN:
9780191831300
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198789505.003.0002
Subject:
Law, EU Law, Constitutional and Administrative Law

The chapter shows how, from the early beginnings of the efforts of the European idea’s founding fathers up until the present day, the European project has developed along three axes. The first ... More


Council of Europe

Oliver Lewis

in The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198786627
eISBN:
9780191828911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198786627.003.0004
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and ... More


Dialogue between Courts

Alison L Young

in Democratic Dialogue and the Constitution

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198783749
eISBN:
9780191826450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783749.003.0009
Subject:
Law, Constitutional and Administrative Law, Public International Law

The chapter evaluates dialogue between the UK courts and the European Court of Human Rights and the European Court of Justice. It explains how the different constitutional relationship between these ... More


United Kingdom

Anna Lawson and Lucy Series

in The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198786627
eISBN:
9780191828911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198786627.003.0014
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter explores how courts in the United Kingdom have used and interpreted the Convention on the Rights of Persons with Disabilities (CRPD) by analysing the seventy-five cases mentioning the ... More


Public Law Concepts to Balance Investors’ Rights with State Regulatory Actions in the Public Interest—the Concept of Proportionality

Benedict Kingsbury and Stephan W. Schill

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0003
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter observes that investment treaty tribunals are increasingly confronted with resolving conflicts between investment protection and competing public policy concerns, including the ... More


Constitutionalization of European Private Law: XXII/2

Hans Micklitz (ed.)

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198712107
eISBN:
9780191780257
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712107.001.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

The impact of human rights and fundamental rights on private law has gained increasing prominence over the last five to ten years and has led to a number of in-depth studies. ‘Constitutionalization ... More


The Modern Law

Pamela R Ferguson

in Breach of the Peace

Published in print:
2013
Published Online:
May 2015
ISBN:
9781845861490
eISBN:
9781474406130
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861490.003.0003
Subject:
Law, Constitutional and Administrative Law

Chapter 3 focuses on the modern law. The greatest impact on the crime in recent years has resulted from the further effect given to the European Convention of Human Rights (ECHR) by the Scotland Act ... More


Conclusion

Bernard Stirn

in Towards a European Public Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198789505
eISBN:
9780191831300
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198789505.003.0007
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 7 concludes the analysis of the book. It shows how by means of three circles—the law of the European Union, the law of the European Convention on Human Rights, and domestic law—a European ... More


The International Context

Tony Prosser

in The Economic Constitution

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199644537
eISBN:
9780191747816
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644537.003.0003
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

This chapter describes the major international organisations in whose context UK economic management takes place. Most importantly, the European Union has a central role, especially given the unique ... More


Liberty Intact: Human Rights in English Law

Michael Tugendhat

Published in print:
2016
Published Online:
February 2017
ISBN:
9780198790990
eISBN:
9780191833403
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198790990.001.0001
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

This short history of human rights for lawyers, and others interested in history and politics, shows that they are British rights, not because Britons invented these ‘rights of mankind’, but because ... More


CPR r 32.1(2): Case Management Tool or Broad Exclusionary Power?

Katharine Grevling

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter examines the nature and scope of the exclusionary power contained in Civil Procedure Rule (CPR) R 32.1(2), and in particular in considers whether it could ever be used to exclude ... More


Modernizing Legislation: Signposts Along the Path

Mary Arden

in Common Law and Modern Society: Keeping Pace with Change

Published in print:
2015
Published Online:
March 2016
ISBN:
9780198755845
eISBN:
9780191816970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755845.003.0013
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter traces a number of developments designed to improve the statute book in the United Kingdom and in the Commonwealth. These developments include the Tax Law Rewrite—a project for ... More


Introduction

Bernard Stirn

in Towards a European Public Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198789505
eISBN:
9780191831300
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198789505.003.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

The introduction shows how the history and diversity of Europe have given rise to the European project. On the basis of historical differences, there are great differences between the countries of ... More


Alternative Dispute Resolution, the Threat of Adverse Costs, and the Right of Access to Court

Shirley Shipman

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0018
Subject:
Law, Constitutional and Administrative Law

CPR r 1(4)(2)(e) requires the court to encourage potential litigants to use an alternative dispute resolution (ADR) procedure where appropriate. The court has adopted a number of means to encourage ... More


Towards a European Public Law

Bernard Stirn

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198789505
eISBN:
9780191831300
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198789505.001.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

This book argues that, on the basis of the law of the European Union (EU), the European Convention on Human Rights (ECHR), and the domestic public law of the countries of Europe, a European public ... More


Democratic Dialogue and the Constitution

Alison L Young

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198783749
eISBN:
9780191826450
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783749.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Constitutions divide into those which empower courts to strike down legislation which contravenes human rights and those which do not. The Human Rights Act 1998 is regarded as an example of a ... More


Independence of the Judiciary and the Role of Parliaments

Mary Arden

in Common Law and Modern Society: Keeping Pace with Change

Published in print:
2015
Published Online:
March 2016
ISBN:
9780198755845
eISBN:
9780191816970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755845.003.0008
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter describes the principle of judicial independence, which is enshrined in the Constitutional Reform Act 2005. It makes the important distinction between the individual independence of the ... More


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