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Judicial Rulemaking and the Institutionalization of European Union Sex Equality Policy

Rachel A. Cichowski

in The Institutionalization of Europe

Published in print:
2001
Published Online:
April 2004
ISBN:
9780199247967
eISBN:
9780191601088
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019924796X.003.0006
Subject:
Political Science, European Union

An examination is made of the impact of the European Court of Justice (ECJ) on the institutional evolution of European Union sex equality policy, following the provision in the Treaty of Rome (Art. ... More


Conceptual Convergence and Judicial Cooperation in Sex Equality Law

Linda Senden

in The Coherence of EU Law: The Search for Unity in Divergent Concepts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199232468
eISBN:
9780191716027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232468.003.0016
Subject:
Law, EU Law

This chapter begins by considering the implications of the claim of legal unity in the EU. It then explores the issue of conceptual divergence in the specific area of sex equality law. It argues that ... More


Judicial Recognition of Human Rights

Carl Wellman

in The Moral Dimensions of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.003.0009
Subject:
Philosophy, General

This chapter weighs the judicial recognition of human rights in the common law of a national legal system against their recognition in a written constitution. Although judicial recognition is more ... More


Access to Justice in European Comparative Law

EVA STORSKRUBB and JACQUES ZILLER

in Access to Justice as a Human Right

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199233083
eISBN:
9780191696589
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233083.003.0006
Subject:
Law, Human Rights and Immigration

This chapter reviews the constitutional provisions of the European Union (EU) Member States. Then, some of the most pressing issues with regard to implementation and enforcement of the access to ... More


Principles Underlying the Relationship Between the European Union and the Member States

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk

in Administrative Law and Policy of the European Union

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199286485
eISBN:
9780191730894
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286485.003.0006
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter deals with certain central structural principles of the EU which underlie the relationship between the EU and the Member States, in particular the principles of attributed powers, ... More


The Citizen and the State: A Paradoxical Relation

Chris Thornhill

in The Global Community Yearbook of International Law and Jurisprudence 2018

Published in print:
2019
Published Online:
September 2019
ISBN:
9780190072506
eISBN:
9780190072520
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190072506.003.0004
Subject:
Law, Public International Law

This article argues that modern states and modern societies were formed through the construction of citizenship as a pattern of social attachment, membership and legal norm formation. Citizenship ... More


Does International Commercial Arbitration Provide Efficient Contract Enforcement Institutions For International Trade?

Thomas Dietz

in International Arbitration and Global Governance: Contending Theories and Evidence

Published in print:
2014
Published Online:
August 2014
ISBN:
9780198716723
eISBN:
9780191785337
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716723.003.0007
Subject:
Political Science, International Relations and Politics

Arbitration is considered legally superior to litigation in state courts. This widely shared understanding is not necessarily wrong, but the institutional analysis adopted in this chapter proves it ... More


Contexts of Transnational Law

Uwe Kischel

in Comparative Law

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 ... More


The Principle of Prevention

NICOLAS DE SADELEER

in Environmental Principles: From Political Slogans to Legal Rules

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199254743
eISBN:
9780191719851
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254743.003.02
Subject:
Law, Environmental and Energy Law

This chapter begins by explaining that the preventive principle forms a prudent complement to the polluter-pays principle by requiring the adoption of measures intended to prevent damage from ... More


Introduction

Angela Ward

in Judicial Review and the Rights of Private Parties in EU Law

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199206865
eISBN:
9780191695667
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206865.003.0001
Subject:
Law, Constitutional and Administrative Law

The main purpose of the chapter is to provide a background regarding the inconsistencies found in the EU constitution where private parties can question the legality of such law. The implementation ... More


International Law in National Legal Systems: An Empirical Investigation

Pierre-Hugues Verdier and Mila Versteeg

in Comparative International Law

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190697570
eISBN:
9780190697600
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190697570.003.0010
Subject:
Law, Public International Law, Comparative Law

International legal scholars have long recognized the importance of the relationship between international law and domestic legal systems. This chapter draws upon a new data set, which covers 101 ... More


The International Judiciary

John H. Barton

in International Law and the Future of Freedom

Published in print:
2014
Published Online:
September 2014
ISBN:
9780804776691
eISBN:
9780804791083
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804776691.003.0008
Subject:
Law, Public International Law

This chapter explores the institutions and institutional changes needed to meet human rights demands, focusing on the international judiciary. It first examines the role of the judiciary in the ... More


Constitutional Pluralism and Transnational Justice

Alec Stone Sweet and Clare Ryan

in A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights

Published in print:
2018
Published Online:
June 2018
ISBN:
9780198825340
eISBN:
9780191864049
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825340.003.0004
Subject:
Law, Constitutional and Administrative Law

In Europe, a cosmopolitan legal order was instantiated through the combined impact of Protocol no. 11 of the ECHR (1998), and the incorporation of the Convention into national legal systems. As a ... More


United Kingdom

Stephen C. Neff

in International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199694907
eISBN:
9780191731914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694907.003.0026
Subject:
Law, Public International Law

In Britain, there is no written constitution. Moreover, regarding Britain as a whole, there are no legislative provisions or regulations that call for the application of international law, in a ... More


Comparative Law and the European Union Civil Service Tribunal

Haris Tagaras

in Courts and Comparative Law

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198735335
eISBN:
9780191802096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735335.003.0010
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter examines the comparative-law aspects of the Civil Service Tribunal (CST). It focuses on the requirement of the balanced composition of the Tribunal with respect ‘to the national legal ... More


The Giving Reasons Requirement

Giacinto della Cananea

in Due Process of Law Beyond the State: Requirements of Administrative Procedure

Published in print:
2016
Published Online:
November 2016
ISBN:
9780198788386
eISBN:
9780191830303
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198788386.003.0004
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter analyses the giving reasons requirement, emphasizing its practical importance despite its commonplace nature. The requirement’s gradual shift from judicial to non-judicial decisions and ... More


The Requirement to Carry Out a Procedure

Giacinto della Cananea

in Due Process of Law Beyond the State: Requirements of Administrative Procedure

Published in print:
2016
Published Online:
November 2016
ISBN:
9780198788386
eISBN:
9780191830303
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198788386.003.0002
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter examines the requirements of procedural due process of law. The starting point is the concept of administrative procedure, which for the purposes of this chapter possesses certain ... More


Rules and Procedures

S.I. Strong

in Class, Mass, and Collective Arbitration in National and International Law

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199772520
eISBN:
9780190259983
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199772520.003.0002
Subject:
Law, Private International Law

This chapter focuses on the distinctive rules and procedures that affect the three types of large-scale arbitration in national and international legal systems. It also discusses the ways in which ... More


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