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The Right to a Fair Trial

Brice Dickson

in The European Convention on Human Rights and the Conflict in Northern Ireland

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199571383
eISBN:
9780191721854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571383.003.0008
Subject:
Law, Human Rights and Immigration

Article 6 of the European Convention, which protects the right to a fair hearing, is the most frequently invoked Convention article, not just in the United Kingdom but in Strasbourg too. Not ... More


EU Administrative Action, Procedural Guarantees, and Participation

Joana Mendes

in Participation in EU Rule-Making: A Rights-Based Approach

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199599769
eISBN:
9780191729195
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599769.003.0004
Subject:
Law, EU Law

Chapter 4 examines the limits of the position of the Luxembourg Courts on participation, by analysing their case law on the right to be heard in the adoption of administrative decisions. This ... More


Minimum Standards of Procedural Justice in Administrative Adjudication

Giacinto della Cananea

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/9780199589104.003.0002
Subject:
Law, Constitutional and Administrative Law, Public International Law

Due to globalization, States are increasingly affected by external factors, whilst at the same time influencing the behaviour of individuals and firms, including foreign investors. Their decisions ... More


Participation in EU Rule-Making: A Rights-Based Approach

Joana Mendes

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199599769
eISBN:
9780191729195
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599769.001.0001
Subject:
Law, EU Law

The book is a critical legal analysis of the current scope of participation rights in EU law, embedded in the political and institutional contexts of European integration. Participation has featured ... More


The Real Case for Judicial Review

Alon Harel

in Why Law Matters

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199643271
eISBN:
9780191747809
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199643271.003.0008
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Constitutional theory has been obsessed with an attempt to provide an adequate justification for judicial review. This chapter defends judicial review. Its main task is to expose a critical flaw ... More


Process

Paul Craig

in EU Administrative Law

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199296811
eISBN:
9780191700811
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296811.003.0011
Subject:
Law, EU Law

This chapter is concerned with process rights. It begins with a discussion on transparency. It then examines the right to be heard and reviews ... More


Remedies, Procedural Guarantees (and the Unavoidability of Admission to Territory)

Violeta Moreno-Lax

in Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198701002
eISBN:
9780191770517
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198701002.003.0010
Subject:
Law, Human Rights and Immigration

The rights to asylum and to protection against refoulement, as per Chapters 8-9, entail both substantive and procedural components. This chapter scrutinizes the remedies and procedural safeguards ... More


Are Courts the Forum of Constitutional Principle?

Dimitrios Kyritsis

in Where Our Protection Lies: Separation of Powers and Constitutional Review

Published in print:
2017
Published Online:
September 2017
ISBN:
9780199672257
eISBN:
9780191751295
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199672257.003.0003
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This chapter examines a number of positions that defend the legitimacy of constitutional review on grounds of a special connection between courts and fundamental rights. It starts by insisting that ... More


Private Challenges

Jan Paulsson

in The Idea of Arbitration

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199564163
eISBN:
9780191745652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564163.003.0003
Subject:
Law, Company and Commercial Law, Philosophy of Law

This chapter considers what happens when private parties challenge the arbitral process. The chapter is organized as follows. Section 3.1 provides a full examination of the fundamental, ... More


The Right to Housing

Sandra Fredman

in Comparative Human Rights Law

Published in print:
2018
Published Online:
December 2018
ISBN:
9780199689408
eISBN:
9780191768293
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199689408.003.0009
Subject:
Law, Comparative Law, Human Rights and Immigration

Housing is frequently regarded as a matter for the political sphere, rather than a fundamental human right. At most, housing is seen as a socio-economic right, progressively realizable subject to ... More


Networked Press Freedom: Creating Infrastructures for a Public Right to Hear

Mike Ananny

Published in print:
2018
Published Online:
September 2019
ISBN:
9780262037747
eISBN:
9780262345828
Item type:
book
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262037747.001.0001
Subject:
Information Science, Communications

This book offers a new way to think about freedom of the press in a time when media systems are in fundamental flux. The book challenges the idea that press freedom comes only from heroic, lone ... More


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