Shihab al-Din Ahmad ibn Idris al-Qarafi al-Maliki
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780300191158
- eISBN:
- 9780300227567
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300191158.003.0002
- Subject:
- Law, Legal History
This chapter presents the English translation of the Introduction of the Criterion. Here, the author discusses the meaning of legal opinion, judicial ruling, and administrative acts, and how the book ...
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This chapter presents the English translation of the Introduction of the Criterion. Here, the author discusses the meaning of legal opinion, judicial ruling, and administrative acts, and how the book provides a comprehensive treatment of these issues. The book is composed in the form of a series of questions, in the manner that replicates the discussions that took place between the author's colleagues and himself. The answer immediately follows each question, pointing out the subtleties of these points and the issues that derive from them, as manifested in judicial decisions, legal opinions, and administrative acts of public officials. The book contains forty questions.Less
This chapter presents the English translation of the Introduction of the Criterion. Here, the author discusses the meaning of legal opinion, judicial ruling, and administrative acts, and how the book provides a comprehensive treatment of these issues. The book is composed in the form of a series of questions, in the manner that replicates the discussions that took place between the author's colleagues and himself. The answer immediately follows each question, pointing out the subtleties of these points and the issues that derive from them, as manifested in judicial decisions, legal opinions, and administrative acts of public officials. The book contains forty questions.
Rachel A. Cichowski
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199694495
- eISBN:
- 9780191729782
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199694495.003.0005
- Subject:
- Law, Public International Law, Human Rights and Immigration
The chapter addresses the role of civil society in the ECtHR's incremental transformation of human rights in Europe over the last 50 years. The chapter argues that the evolution of the Convention ...
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The chapter addresses the role of civil society in the ECtHR's incremental transformation of human rights in Europe over the last 50 years. The chapter argues that the evolution of the Convention system was and continues to be critically linked to a dynamic interaction between civil society and the ECtHR. The chapter examines the interaction between NGOs and social activists and the ECtHR over a 50-year period and reveals the important linkages between social activism and the judicial rule-making of the Court. This larger historical analysis is complemented by an in-depth case study of Turkey and the UK in the area of minority rights to provide a more detailed analysis of this general mobilization—litigation dynamic over a fifteen-year period. The legitimacy of this legal process remains a fine balance between societal inclusion and domestic government support.Less
The chapter addresses the role of civil society in the ECtHR's incremental transformation of human rights in Europe over the last 50 years. The chapter argues that the evolution of the Convention system was and continues to be critically linked to a dynamic interaction between civil society and the ECtHR. The chapter examines the interaction between NGOs and social activists and the ECtHR over a 50-year period and reveals the important linkages between social activism and the judicial rule-making of the Court. This larger historical analysis is complemented by an in-depth case study of Turkey and the UK in the area of minority rights to provide a more detailed analysis of this general mobilization—litigation dynamic over a fifteen-year period. The legitimacy of this legal process remains a fine balance between societal inclusion and domestic government support.
Shihab al-Din Ahmad ibn Idris al-Qarafi al-Maliki
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780300191158
- eISBN:
- 9780300227567
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300191158.001.0001
- Subject:
- Law, Legal History
This book is the first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few ...
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This book is the first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. This edition addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi's seminal work available to a wider audience. The book's examination of the distinctions among judicial rulings, which were final and unassailable; legal opinions, which were advisory and not binding; and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.Less
This book is the first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. This edition addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi's seminal work available to a wider audience. The book's examination of the distinctions among judicial rulings, which were final and unassailable; legal opinions, which were advisory and not binding; and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.
Rosalyn Higgins Dbe Qc
- Published in print:
- 2009
- Published Online:
- March 2012
- ISBN:
- 9780198262350
- eISBN:
- 9780191682322
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198262350.003.0024
- Subject:
- Law, Public International Law
This chapter deals with attitudes in the United Kingdom to the attachment or execution of state property pursuant to a judicial ruling by a Court. It is divided into two parts: the first covers the ...
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This chapter deals with attitudes in the United Kingdom to the attachment or execution of state property pursuant to a judicial ruling by a Court. It is divided into two parts: the first covers the attitude and practice of the United Kingdom with regard to the attachment or execution of foreign state property within the former’s jurisdiction. The second comments on the attitude and practice of the United Kingdom government to attachment or execution of its property located within the jurisdiction of foreign states. It is only very recently that the English Courts have moved away from a doctrine of absolute immunity in respect of claims made against foreign sovereigns. The United Kingdom has only just become a party to either of the major international treaties that touch on important aspects of state immunity. The United Kingdom has taken the position — even prior to the passing of the State Immunity Act of 1978 and prior to its stated intention to ratify the European Convention on State Immunity — that it would pay judgment debts.Less
This chapter deals with attitudes in the United Kingdom to the attachment or execution of state property pursuant to a judicial ruling by a Court. It is divided into two parts: the first covers the attitude and practice of the United Kingdom with regard to the attachment or execution of foreign state property within the former’s jurisdiction. The second comments on the attitude and practice of the United Kingdom government to attachment or execution of its property located within the jurisdiction of foreign states. It is only very recently that the English Courts have moved away from a doctrine of absolute immunity in respect of claims made against foreign sovereigns. The United Kingdom has only just become a party to either of the major international treaties that touch on important aspects of state immunity. The United Kingdom has taken the position — even prior to the passing of the State Immunity Act of 1978 and prior to its stated intention to ratify the European Convention on State Immunity — that it would pay judgment debts.
