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The book shares the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.
This is the first comprehensive collection of court decisions dealing exclusively with the relationship between European Community law and the national laws of the Member States. It contains 90 decisions given between 1962 and 1993 by both the Community's Court of Justice (20 cases) and the courts of the 12 Member States (70 cases). The volume includes the recent decisions of national courts concerning the Maastricht Treaty. Key recurring topics of the decisions are the supremacy and direct effect of Community law, its impact on national sovereignty and constitutional rights, and the remedies available before national courts for its enforcement. All the texts are presented in English, having been translated wherever necessary. Each decision is preceded by a concise summary and key-word heading. The volume also includes a systematic introduction, digest of key-word headings, table of cases, and detailed index.
Spain's transition from the Franco dictatorship to a democratic state has been widely regarded as exemplary. However, as modern court proceedings have exposed, the first post-transition government, in attempting to destroy the Basque separatist group ETA, adopted the very policies of indiscriminate terror which characterised both the Franco regime and ETA's own strategy. In this narrative Woodworth disentangles a complex conspiracy through documentary evidence and first-hand interviews. He analyzes what happens when a democracy abandons the rule of law, showing how state terror has strengthened revolutionary terrorism and raising questions about post-Franco Spain.
In practice and legal doctrine, little attention has so far been paid to the position of the applicant who has taken the long road to the European Court of Human Rights (Strasbourg) or a UN Human Rights Committee (Geneva) and finally won his/her case there. Does he or she see any improvement in his/her position? Does the applicant obtain real reparation? The purpose of this book is to demonstrate how individual case decisions from Strasbourg and Geneva are implemented in the national legal order. Is there a need for improving this implementation, and if so, how can such an improvement be achieved? In this volume several legal practitioners and scholars deal with the issue of the execution of human rights decisions in the national legal order from different perspectives. Emphasis is laid on the execution of Strasbourg decisions in the Dutch legal order, but solutions in other Council of Europe member states are also discussed. The book is intended for lawyers having a special interest in human rights, both at the national and international level.
New religious movements (NRMs) and other minority faiths have regularly been the focus of legal cases around the world in recent decades. This is the first book to focus on important aspects of the relationship of smaller faiths to the societies in which they function by using specific legal cases to examine social control efforts. The legal cases involve group leaders, a groups’ practices or alleged abuses against members and children in the group, legal actions brought by former members or third parties, attacks against such groups by outsiders including even governments, and libel and slander actions brought by religious groups as they seek to defend themselves. These cases are sometime...
The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971 - is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials, relating to Israel and the Administered Areas, which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). Volume 25 contains, among others, articles on The Israel Supreme Court and the Law of Belligerent Occupation; The Gaza and Jericho Autonomy and Human Rights; and The Contribution of Latin America to the Development of the International Court of Justice.
Home schooling is an important and growing American phenomenon with only our first edition in the field. This new 2nd edition will appeal to the home school world, people interested in American education, and the private school community. Changes in the educational environment in the US over the last ten years have prompted growing numbers of parents to withdraw their children from public education. Currently, four percent of school-age children in the United States are home schooled. An array of educational researchers present various legal, philosophical, and personal perspectives to this new volume. Changes in schooling and home schooling in Great Britain bring an interesting international perspective to this collection of research-based information.
This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.
The "Israel Yearbook on Human Rights" - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971 - is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The "Yearbook" also incorporates documentary materials, relating to Israel and the Administered Areas, which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). "Volume 25" contains, among others, articles on The Israel Supreme Court and the Law of Belligerent Occupation; The Gaza and Jericho Autonomy and Human Rights; and The Contribution of Latin America to the Development of the International Court of Justice.