Comparative law 105 results

Legislatures sometimes adopt laws that create a special legal regime for a particular case rather than general rules for an indefinite number of situations or persons. These ad hoc laws are controversial. The purpose of this first in-depth comparative study in the fields of constitutional law and legislative studies is to clarify the use and existence of ad hoc laws and to place them within a constitutional framework of the rule of law. It is a comparative study of the United States, Germany and the Netherlands.

The present volume deals with recent developments in the legal profession in Europe and in the United States of America from a comparative and historical perspective. Apart from discussing the legal profession in general, specific attention is paid to the Latin Notary, the Advocates, the Rechtspfleger, the State Attorney, court experts, and mediators and arbitrators.

Dans le contexte de profondes mutations du droit des mineurs et de la création en France, d’un code de justice pénale des mineurs on peut s’interroger sur l’avenir de la justice des mineurs en tant qu’objet d’étude spécifique mais aussi en tant qu’objet tout court : que recouvre-t-elle ? En Europe, des réformes similaires ont été menées, avec des postulats et des résultats très variés: le présent ouvrage est l’occasion d’en débattre en laissant une large place aux apports étrangers.

This book seeks to find new ways for a democratisation of European and transnational governance outside traditional models, and more convincing ways of a European and transnational ‘juridification’ that reconciles democracy, diversity, and social rights.

This book discusses and compares the different legal and economic aspects of the regulation of architects in Belgium and the Netherlands . It also discusses EU legislation and case law on the free movement of architects in and to the European Union.

Our social security systems face many challenges. Economic crises, the ageing of the population and changing employment patterns call for a reorientation of policies. In the last few decades the introduction of private elements has often been advocated as a way forward. This book addresses the questions to which this privatisation gives rise.

This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases andt also examines the empirical data that shed light on the operation of procedural rules in legal practice.

Every year, millions of people across Europe – innocent and guilty - are arrested and detained by the police. Based on a three year research study, this book explores and compares access to effective defence in criminal proceedings across nine European jurisdictions that constitute examples of the three major legal traditions in Europe, inquisitorial, adversarial and post-state socialist: Belgium, England & Wales, Finland, France, Germany, Hungary, Italy, Poland and Turkey. It is essential reading for academics, researchers, students, defence lawyers and policy-makers in the area of criminal justice in Europe.

This book provides an overview of the role of the independent administrative authorities assigned to the oversight of financial markets, by outlining both the historic and economic background, the warp and the weft of the European system, and where these authorities have emerged and now operate.

Even though apartments are the dominant form of housing in China, they are still largely poorly regulated. This book addresses the legal deficiency of condominium law and seeks to map out an academically rigorous approach to understanding and formalizing it with a critical comparative analysis.

This book supplies a number of perspectives on the development of enforcement of court judgments and other enforceable documents in Europe. The articles are written by experts from legal academia and professionals involved in enforcement practice. New trends are highlighted.

By presenting historical materials, this volume elucidates the quandary of the law of obligations when it has to answer the question what a creditor eventually will acquire: damages or specific performance?

In a time when an ever growing demand for justice meets economic crisis and shrinking resources, innovative approaches to access to justice are urgently needed. The present volume discusses a variety of such approaches from across Europe (and beyond), all united by their significance in contemporary trends in legal and judicial reform.

This book focuses on the relationship between the two instruments for transnational co-operation in the field of evidence gathering, namely mutual assistance in administrative matters and mutual assistance in criminal matters. This volume not only contains an analysis of the relevant rules on transnational law enforcement co-operation, but also the results of a comparative study into the nature and organisation of national law enforcement in three States. Special attention is paid to banking secrecy.

This book explores the mentality underlying Nordic law and seeks to explain its relationship with both long-term cultural tradition and the forces that account for its historical continuity. How was Nordic law transformed into a vehicle of social change, progress and instrumentalism?

this book investigates the legal and institutional structures of food safety regulation and their recent developments in France, the United Kingdom, Germany, Sweden, Hungary, and at the EU level. The choice of countries is intended to shed light on the different ways in which European systems of food safety regulation have been affected by major food scares. It provides insights into how the various actors perceive the practical functioning of these systems.

This book examines the emerging principle of equality in EC law on the basis of a multi-layered comparison.

This book also contains a theoretical component that draws insights and inspiration from autonomy-based theories of contract, law and economics, notions of fairness and socio-legal perspectives to establish why contracting parties leave gaps in their contracts, whether intervention is justified and, if so, how gaps in contracts should be filled.

In the Dutch literature, the terms law-finding and law-making are often used interchangeably. From a legal point of view, however, it makes quite a difference to the position of the court whether law-finding or law-making is meant.