Comparative law 103 results

This book examines the case law of the European Court of Justice concerning the requirement to interpret national law in conformity with EU law directives. It offers an in-depth analysis of the application of this obligation in three Member States: Germany, Ireland and the Netherlands. The key question underlying this examination is to what extent the established theories of supremacy of EU law, national constitutionalism and constitutional pluralism adequately explain the relationship between EU and national law under the duty of consistent interpretation.

This book traces the uncharted history of validity and invalidity, two central categories of legal thought ubiquitous in contemporary private and public law. It shows how they emerged in response to social needs that remain pressing today.

The criminal justice system encompasses the most severe instrument at the state's disposal in times of peace. For this and many other reasons, overuse of that system is a serious matter. Containing an extensive collection of expert knowledge, this volume intends to expose legal possibilities, good practices and the many challenges that lie ahead when attempting to prevent overuse in the criminal justice system.

Judicial Law-making in English and German Courts is the first monograph in English that compares English and German statutory interpretation as applied in judicial practice, appealing to those interested in legal methodology, constitutional law or comparative law.

L'ouvrage contient les rapports belges du XVIIIe Congrès de l’Académie Internationale de Droit comparé à Vienne.

This book offers a comparative introduction to the most important aspects of administrative law in various EU Member States (France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the United States of America. It aspires to contribute to the 'transboundary' understanding of different regimes related to actions and decisions of the administration.

Based on the wish to reopen an international comparative discussion on fundamental notions of civil procedure, this book offers a number of insights into procedural human rights from different jurisdictions and different points of view.

Quality and Speed in Administrative Decision-Making: Tension or Balance? presents six national perspectives on the issues surrounding legislation brought in to deal with the consequences of the economic crisis. It also includes a comparative overview comparing and contrasting national approaches with regards to finding a balance between the pace of proceedings and the quality of administrative and judicial decisions

This book results from the Contract Law Workshop of the 20th Ius Commune Conference held 26-27 November 2015. The theme of this Workshop was: ‘The French Contract Law Reform: a Source of Inspiration?’ Since the conference in November 2015, all authors have incorporated comments on the final version of the ordonnance.

This book explains and analyses in depth the theory and practice of Article 8 ECHR with respect to family forms and parenthood.

Risk taking in business contributes towards innovation while excessive risk taking is associated with corporate failure. This book illustrates how insurance against personal liability of the manager threatens – but also benefits – society and the economy

Many contemporary jurisdictions have been revisiting the fundamental principles of their civil procedures, including the way in which evidence is introduced, collected and presented in court.

This book focuses on private enforcement of investor protection rules in Belgium, the Netherlands, Germany, France, the UK and the USA. It examines whether and to what extent investors can claim damages for losses incurred following breaches of specific investor protective rules contained in EU capital market law.

Values both constrain and enable behaviour. They are a vital source of meaning in human life. The values legal education imparts or generates impact upon the character of legal professionals. The work of jurists impacts upon the quality of public discourse. Uses of Values in Legal Education makes a start by showing how using values in legal education might fulfil the promise of legal education.

Through a comparative analysis of the anti-terrorism legislation of the UK, France and Italy, this book highlights that the shift towards prevention may be explained with reference to the current catalysing effect of terrorism on different topics.

This book contains all Dutch national reports written for the 2014 International Congress of Comparative Law held in Vienna

This Research Guide to Instruments of European Regional Organizations focuses on how to find and use instruments of European regional organizations. It is mainly intended to be a practical instrument for students of an advanced level, lawyers and public servants who work in the field of European law.

This is a book on comparative law and legal change. With a focus on corporate law and the law of personal property, it reviews the current state of the comparative debate on the evolution of law and seeks to establish new perspectives to explain the mechanism of legal reception.

Although the protection of individuals’ interests against administrative actions is still primarily the domain of the judiciary, most legal systems nowadays also assign this task to ombudsmen. This can potentially lead to conflicts between the two institutions and can affect their relations, and therefore needs coordination.

This empirical study focuses on three procedural rights – the right to interpretation and translation, the right to information and the letter of rights, and the right to legal assistance before and during police interrogation – in four EU jurisdictions – France, Scotland, the Netherlands and England and Wales.