Richard Rawlings, Peter Leyland, and Alison Young (eds)
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199684069
- eISBN:
- 9780191765865
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199684069.001.0001
- Subject:
- Law, Constitutional and Administrative Law, Philosophy of Law
Sovereignty is a topic which is both of enduring interest and often hotly contested in the literature. This collection of essays builds on contemporary debates by taking up and exploring the ...
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Sovereignty is a topic which is both of enduring interest and often hotly contested in the literature. This collection of essays builds on contemporary debates by taking up and exploring the theoretical and practical implications of current challenges to established doctrines at domestic, European, and international level. Sovereignty is therefore approached in a non-compartmentalized way, so viewing it as neither a purely domestic/internal concept nor a wholly international/external one.Grounded firmly in the disciplines of law, the collection explores the twin elements of continuity and change in conceptions of sovereignty in recent times. Individual chapters, by leading writers, examine a series of cross cutting themes including: whether sovereignty is in transition, has been revised, or has remained the same; contemporary challenges to the distinctive constitutional tradition of Parliamentary sovereignty; territorial government and popular sovereignty; sovereignty, constitutional dialogue, and human rights; judicial capacities to place new constraints on sovereign power; contested conceptions of sovereignty issues in the EU; jurisdictional limits placed on sovereignty as part of the international order; the concept of territorial extension as a challenge to territorial sovereignty; and transnational challenges to states from multi-national enterprise and the global revolution in communications. At a time of very great testing of the institutional frameworks at every level, the book illuminates the enduring strength of sovereignty as a foundational concept and the continuing widespread appeal of sovereignty as an idea.Less
Sovereignty is a topic which is both of enduring interest and often hotly contested in the literature. This collection of essays builds on contemporary debates by taking up and exploring the theoretical and practical implications of current challenges to established doctrines at domestic, European, and international level. Sovereignty is therefore approached in a non-compartmentalized way, so viewing it as neither a purely domestic/internal concept nor a wholly international/external one.Grounded firmly in the disciplines of law, the collection explores the twin elements of continuity and change in conceptions of sovereignty in recent times. Individual chapters, by leading writers, examine a series of cross cutting themes including: whether sovereignty is in transition, has been revised, or has remained the same; contemporary challenges to the distinctive constitutional tradition of Parliamentary sovereignty; territorial government and popular sovereignty; sovereignty, constitutional dialogue, and human rights; judicial capacities to place new constraints on sovereign power; contested conceptions of sovereignty issues in the EU; jurisdictional limits placed on sovereignty as part of the international order; the concept of territorial extension as a challenge to territorial sovereignty; and transnational challenges to states from multi-national enterprise and the global revolution in communications. At a time of very great testing of the institutional frameworks at every level, the book illuminates the enduring strength of sovereignty as a foundational concept and the continuing widespread appeal of sovereignty as an idea.
Anna Lawson
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199981212
- eISBN:
- 9780199358007
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199981212.003.0015
- Subject:
- Public Health and Epidemiology, Public Health
This chapter provides context for disability and employment policy in the European Union (EU) by highlighting the key provisions of the EU’s founding treaties in these areas. It then outlines ...
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This chapter provides context for disability and employment policy in the European Union (EU) by highlighting the key provisions of the EU’s founding treaties in these areas. It then outlines relevant aspects of the three EU-level strategies that together set out EU disability employment policy: hard law, or legislative intervention, requiring member states to ensure that certain specified requirements or standards are achieved by their domestic law; experimentalist governance, in the form of the Open Method of Co-ordination; and direct funding. Finally, the chapter identifies lessons that can be learned from the EU’s experience of harnessing these three different tools to achieve its strategic objectives and to consider the extent to which they might have relevance to the world beyond the rather unique parameters of the EU.Less
This chapter provides context for disability and employment policy in the European Union (EU) by highlighting the key provisions of the EU’s founding treaties in these areas. It then outlines relevant aspects of the three EU-level strategies that together set out EU disability employment policy: hard law, or legislative intervention, requiring member states to ensure that certain specified requirements or standards are achieved by their domestic law; experimentalist governance, in the form of the Open Method of Co-ordination; and direct funding. Finally, the chapter identifies lessons that can be learned from the EU’s experience of harnessing these three different tools to achieve its strategic objectives and to consider the extent to which they might have relevance to the world beyond the rather unique parameters of the EU.
Uwe Kischel
- Published in print:
- 2019
- Published Online:
- April 2019
- ISBN:
- 9780198791355
- eISBN:
- 9780191833830
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198791355.003.0011
- Subject:
- Law, Comparative Law, Constitutional and Administrative Law
This concluding chapter addresses transnational law. Public international law and European Union law are by no means the only transnational legal orders. There are also smaller transnational systems ...
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This concluding chapter addresses transnational law. Public international law and European Union law are by no means the only transnational legal orders. There are also smaller transnational systems in South America or Africa which are modeled on European Union law, but which lag far behind in terms of importance and level of sophistication. The context of public international law is marked by a number of features which distinguish it from the various contexts of national law. At a very general level, public international law is characterized by a stronger interweaving of fact and law; heightened importance of politics; and a less technical approach to norms, their text, and their meaning than lawyers may be accustomed to. Meanwhile, European Union law is an independent legal system which, at least in its present, highly-developed form, has much more in common with national legal systems than with public international law.Less
This concluding chapter addresses transnational law. Public international law and European Union law are by no means the only transnational legal orders. There are also smaller transnational systems in South America or Africa which are modeled on European Union law, but which lag far behind in terms of importance and level of sophistication. The context of public international law is marked by a number of features which distinguish it from the various contexts of national law. At a very general level, public international law is characterized by a stronger interweaving of fact and law; heightened importance of politics; and a less technical approach to norms, their text, and their meaning than lawyers may be accustomed to. Meanwhile, European Union law is an independent legal system which, at least in its present, highly-developed form, has much more in common with national legal systems than with public international law.
David T. Keeling
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780198259183
- eISBN:
- 9780191681912
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198259183.001.0001
- Subject:
- Law, Intellectual Property, IT, and Media Law
This volume provides an in-depth analysis of the relationship between intellectual property rights (including patents, trade marks, copyright, and designs) and the law of the European Union. It ...
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This volume provides an in-depth analysis of the relationship between intellectual property rights (including patents, trade marks, copyright, and designs) and the law of the European Union. It examines the conflict between intellectual property rights (exclusive rights limited normally to the territory of a single Member State) and the principle of free movement of goods and services in the internal market. The various tests and theories propounded by the European Court of Justice in attempting to resolve that conflict are explained from a critical standpoint. The ramifications of the exhaustion-of-rights principle are explored and chapters of this volume are devoted to trade marks, patents, and copyright. Finally, the volume examines the limitations on the exercise of intellectual property rights as a result of EC competition law.Less
This volume provides an in-depth analysis of the relationship between intellectual property rights (including patents, trade marks, copyright, and designs) and the law of the European Union. It examines the conflict between intellectual property rights (exclusive rights limited normally to the territory of a single Member State) and the principle of free movement of goods and services in the internal market. The various tests and theories propounded by the European Court of Justice in attempting to resolve that conflict are explained from a critical standpoint. The ramifications of the exhaustion-of-rights principle are explored and chapters of this volume are devoted to trade marks, patents, and copyright. Finally, the volume examines the limitations on the exercise of intellectual property rights as a result of EC competition law.
Norman Doe
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199604005
- eISBN:
- 9780191729331
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199604005.003.0004
- Subject:
- Law, EU Law, Comparative Law
This chapter examines religious discrimination in civil law and the impact of European Union law in this field. It explores the principle of religious equality, the prohibition of religious ...
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This chapter examines religious discrimination in civil law and the impact of European Union law in this field. It explores the principle of religious equality, the prohibition of religious discrimination, the fields of religious discrimination (such as in employment and the provision of goods and services), the types of religious discrimination (such as direct and indirect discrimination), and exceptions enjoyed by religious organizations. It then examines crimes against the person motivated by religion. It explores incitement of religious discrimination and hatred (with particular regard to the actus reus and mens rea of such crimes, as well as the penalties which may be imposed), criminal offences aggravated or mitigated by religion, and illicit sects.Less
This chapter examines religious discrimination in civil law and the impact of European Union law in this field. It explores the principle of religious equality, the prohibition of religious discrimination, the fields of religious discrimination (such as in employment and the provision of goods and services), the types of religious discrimination (such as direct and indirect discrimination), and exceptions enjoyed by religious organizations. It then examines crimes against the person motivated by religion. It explores incitement of religious discrimination and hatred (with particular regard to the actus reus and mens rea of such crimes, as well as the penalties which may be imposed), criminal offences aggravated or mitigated by religion, and illicit sects.
Alison L Young
- 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 ...
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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 two different European courts and UK courts means that they facilitate different forms of inter-institutional interactions. This is particularly the case given the principle of the primacy of directly effective European Union law, and the lack of an established doctrine of the margin of appreciation in European Union law. The chapter evaluates interactions between the UK courts and these European courts, providing a framework of interactions that are more likely to facilitate democratic dialogue.Less
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 two different European courts and UK courts means that they facilitate different forms of inter-institutional interactions. This is particularly the case given the principle of the primacy of directly effective European Union law, and the lack of an established doctrine of the margin of appreciation in European Union law. The chapter evaluates interactions between the UK courts and these European courts, providing a framework of interactions that are more likely to facilitate democratic dialogue.
Anniek de Ruijter
- Published in print:
- 2019
- Published Online:
- March 2019
- ISBN:
- 9780198788096
- eISBN:
- 9780191830075
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198788096.003.0001
- Subject:
- Law, EU Law
The first chapter outlines that most national health laws assume a special connection between health law and policy and fundamental rights and values. The denial or approval of authorization of a ...
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The first chapter outlines that most national health laws assume a special connection between health law and policy and fundamental rights and values. The denial or approval of authorization of a specific controversial medication, or the payment for health care in a Member State other than the home state of insurance—and many of the other questions and issues that are addressed in the EU with regard to human health—illustrate that the involvement of the EU in human health can also involve controversial questions, where fundamental rights, bioethical issues, regulatory problems, and redistributive choices may intertwine. This calls into question the power the EU has in this regard, particularly if we take into consideration that human health law and policy are often seen in light of a special reciprocal relationship with fundamental rights and values. Infringements of fundamental rights can harm human health, for instance in cases of torture, or discrimination against people with a particular disease such as HIV/AIDS or mental disorders. At the same time health policy can affect fundamental rights, such as when obligatory vaccination programmes or quarantines are ordered. Hence fundamental rights and values form a benchmark for analysing the legitimacy of health policy. The specific values and rights that are internal to health law set the agenda for this book.Less
The first chapter outlines that most national health laws assume a special connection between health law and policy and fundamental rights and values. The denial or approval of authorization of a specific controversial medication, or the payment for health care in a Member State other than the home state of insurance—and many of the other questions and issues that are addressed in the EU with regard to human health—illustrate that the involvement of the EU in human health can also involve controversial questions, where fundamental rights, bioethical issues, regulatory problems, and redistributive choices may intertwine. This calls into question the power the EU has in this regard, particularly if we take into consideration that human health law and policy are often seen in light of a special reciprocal relationship with fundamental rights and values. Infringements of fundamental rights can harm human health, for instance in cases of torture, or discrimination against people with a particular disease such as HIV/AIDS or mental disorders. At the same time health policy can affect fundamental rights, such as when obligatory vaccination programmes or quarantines are ordered. Hence fundamental rights and values form a benchmark for analysing the legitimacy of health policy. The specific values and rights that are internal to health law set the agenda for this book.
Alison L Young
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780198783749
- eISBN:
- 9780191826450
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198783749.003.0008
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
The chapter sets out the array of human rights protections in the United Kingdom, examining the protections found in the Human Rights Act 1998, European Union law, and the common law. The chapter ...
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The chapter sets out the array of human rights protections in the United Kingdom, examining the protections found in the Human Rights Act 1998, European Union law, and the common law. The chapter also evaluates the way in which these protections of human rights can facilitate democratic dialogue, looking in particular at the relationship between section 3 and section 4 of the Human Rights Act 1998 and deference. It establishes a detailed normative framework of inter-institutional interactions, using the case of Nicklinson in order to evaluate the extent to which the judgments in that case facilitated or hindered democratic dialogue.Less
The chapter sets out the array of human rights protections in the United Kingdom, examining the protections found in the Human Rights Act 1998, European Union law, and the common law. The chapter also evaluates the way in which these protections of human rights can facilitate democratic dialogue, looking in particular at the relationship between section 3 and section 4 of the Human Rights Act 1998 and deference. It establishes a detailed normative framework of inter-institutional interactions, using the case of Nicklinson in order to evaluate the extent to which the judgments in that case facilitated or hindered democratic dialogue.
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 ...
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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 commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legislature and the courts; dialogue being seen not just as a better means of protecting rights, but as a new form of constitutionalism occupying a middle ground between legal and political constitutionalism. This book argues that there is no clear middle ground for dialogue to occupy. Most theories of legal and political constitutionalism combine legal and political protections and some provide an account of interactions between the legislature and the judiciary. Nevertheless, dialogue has a role to play. It differs from legal and political constitutionalism, being based on different assumptions. It focuses on analysing mechanisms of inter-institutional interactions, assessing when these interactions can provide a better protection of rights, facilitate deliberation, engage citizens, and act as an effective check and balance between institutions of the constitution. The book evaluates dialogue in the UK constitution, assessing the protection of human rights through the Human Rights Act 1998, the common law, and EU law. It also evaluates court–court dialogue between the UK courts and the European Court of Justice and the European Court of Human Rights. The conclusion evaluates the implications of the proposed British Bill of Rights and the referendum decision to leave the European Union.Less
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 commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legislature and the courts; dialogue being seen not just as a better means of protecting rights, but as a new form of constitutionalism occupying a middle ground between legal and political constitutionalism. This book argues that there is no clear middle ground for dialogue to occupy. Most theories of legal and political constitutionalism combine legal and political protections and some provide an account of interactions between the legislature and the judiciary. Nevertheless, dialogue has a role to play. It differs from legal and political constitutionalism, being based on different assumptions. It focuses on analysing mechanisms of inter-institutional interactions, assessing when these interactions can provide a better protection of rights, facilitate deliberation, engage citizens, and act as an effective check and balance between institutions of the constitution. The book evaluates dialogue in the UK constitution, assessing the protection of human rights through the Human Rights Act 1998, the common law, and EU law. It also evaluates court–court dialogue between the UK courts and the European Court of Justice and the European Court of Human Rights. The conclusion evaluates the implications of the proposed British Bill of Rights and the referendum decision to leave the European Union.
