scholarly journals Turning the Curriculum Upside Down: Comparative Law as an Educational Tool for Constructing the Pluralistic Legal Mind

2009 ◽  
Vol 10 (6-7) ◽  
pp. 913-926 ◽  
Author(s):  
Jaakko Husa
Keyword(s):  
Human Rights ◽  
Teaching And Learning ◽  
Traditional Approach ◽  
Comparative Law ◽  
European Convention ◽  
Educational Tool ◽  
Central System ◽  
Standard Curriculum ◽  
Foreign Law ◽  
Substantive Law

As is well known, comparative law enters the curriculum normally only after some substantive law has been learned. The traditional approach first takes the law student's national legal system, with the comparison or foreign law element only coming later as a form of supplement to the standard curriculum. This paper offers some thoughts concerning the teaching and learning of law in a world in which pluralistic and/or transnational elements are commonplace. These plural features stem from the declining authority of the nation state as well as from the strengthening of various forms of sub-national law being in tension with the central system of the state. These developments also include growth of supranational or transnational legal regimes (e.g. EU). The growth of the significance of human rights, especially the considerable growth of the system of the European Convention on Human Rights, has caused national and international legal spheres to overlap. This paper is based on a belief according to which future legal education ought to respond more seriously to the globalisation of law. However, the argument here is preliminary and it offers merely a sketch of essential features with scarce details i.e. this paper is of a somewhat rough design. The theme itself, i.e. transnational law and its effects, is most certainly somewhat fashionable these days.

The European Convention on Human Rights and International Law

2007 ◽  
Vol 56 (2) ◽  
pp. 217-231 ◽  
Author(s):  
Luzius Wildhaber
Keyword(s):  
Human Rights ◽  
International Law ◽  
Comparative Law ◽  
Case Law ◽  
European Convention ◽  
Mutual Relationship ◽  
Public International Law ◽  
European Court ◽  
Special Character ◽  
British Institute

AbstractThis article is an expanded and footnoted version of the lectur given at the British Institute of International and Comparative Law on Tuesday 21 March 2006, entitled ‘International Law in the European Court of Human Rights’.The article begins with some comparative comments on the application of the European Convention on Human Rights in monistic and dualistic systems It then discusses in detail the European Court's case law which confirms that the Convention, despite its special character as a human rights treaty, is indeed part of public international law. It concludes that the Convention and international law find themselves in a kind of interactive mutual relationship. checking and buildine on each other.

scholarly journals IL DIRITTO SOCIETARIO TRA DIRITTO COMPARATO E DIRITTO STRANIERO

2013 ◽  
Author(s):  
Giuseppe B. Portale
Keyword(s):  
Comparative Law ◽  
Corporate Law ◽  
Private Company ◽  
General Role ◽  
Foreign Law ◽  
Specific Regulation ◽  
The One ◽  
Substantive Law ◽  
Theoretical Foundations

The article tackles the issues related to the use of comparative law a source of substantive law in a specific legal system, with specific regard to corporate law. Expanding on previous studies on the general role of comparative law in the framework of sources of law (§ 1), the study argues that the comparative argument may be used to regulate purely domestic cases and as well as a play a crucial role in interpreting internal laws (§§ 1.1, 1.2) and analyzes the theoretical foundations of such process (§ 1.3) as well as the problems caused by the application of foreign law by a domestic judge (§ 2). Subsequently, two examples of such usage of the comparative legal argument are provided, drawn from the Italian corporate law experience (§ 3): on the one hand, the introduction of a specific regulation of a simplified private company (società a responsabilità limitata semplificata), representing a circulation of German (Unternehmergesellschaft- UG) and Belgian (société privée a responsabilité limitée starter) models (§ 3.1); on the other hand, the use of comparative law by in the interpretation of the organization structure in the Italian dualistic system (§ 3.2).

Part I Introduction, 1 Definition, Nature and Scope of Private International Law

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Human Rights ◽  
International Law ◽  
European Convention ◽  
Private International Law ◽  
English Court ◽  
Choice Of Law ◽  
Foreign Law ◽  
Recognition And Enforcement ◽  
The Subject ◽  
The Impact

This chapter provides an overview of the definition, nature, and scope of private international law. It first considers the space and time dimensions of private international law as well as three questions with which private international law is always concerned, namely: jurisdiction of the English court, recognition and enforcement of foreign judgments, and the choice of law. It then explains the meaning of foreign law and the international variety of private international law rules before discussing two possible ways in which the lack of unanimity among the various systems of private international law may be ameliorated: unification of internal laws and unification of the rules of private international law. In particular, it examines the Europeanisation of private international law and the impact of European Convention on Human Rights on private international law. Finally, it addresses the issue of the name or title of the subject in private international law.

scholarly journals Economic, Social and Cultural Rights During Crisis in Cyprus: The Interplay Between Domestic and External Normative Systems

2021 ◽  
Vol 7 (1) ◽  
pp. 92
Author(s):  
Constantinos Kombos ◽  
Athena Herodotou
Keyword(s):  
Human Rights ◽  
Economic Crisis ◽  
Traditional Approach ◽  
Comparative Method ◽  
European Convention ◽  
Economic Rights ◽  
Cultural Rights ◽  
Normative Systems ◽  
The Moment ◽  
The Impact

Economic, Social and Cultural (ESC) rights have been present and active in the Cypriot legal order from the moment of its constitutional genesis. Due to the special relationship between the Constitution and the European Convention on Human Rights (ECHR), the judiciary has adopted a unique approach when interpreting the Constitution; it has been willing to engage into a comparative juridical analysis and to rely on the ECHR and the findings of the European Convention on Human Rights (ECtHR). Through this nexus with the ECHR and the streamlined approach with the ECtHR, the legal system of Cyprus has been progressive in placing social and economic rights – and to a lesser extent cultural rights – in a secure position. This traditional approach of the Cypriot courts was called into question by the 2011-2016 economic crisis, which challenged the interplay between domestic and external normative systems. The aim of this paper is to assess the impact of the recent economic crisis on the protection of ESC rights and the change in the balance between domestic and normative systems. The analysis concludes that the protection of ESC rights under the Cypriot Constitution, as formed by Cypriot case law, has been substantive and effective, while positively influenced by the extensive deployment of the comparative method. That long-standing approach has been challenged by the economic crisis and it seems that the extrovert judicial viewpoint is now partly reconsidered. The Supreme Court has indicated, albeit in specific instances, its willingness to disregard guidance from external influences and to focus instead on the idea that national constitutional protection can and should exceed that of the ECHR.

scholarly journals La Charte canadienne des droits et libertés et quelques leçons tirées de la Convention européenne des droits de l'homme

2005 ◽  
Vol 23 (4) ◽  
pp. 795-806
Author(s):  
Guy Tremblay
Keyword(s):  
Human Rights ◽  
Comparative Law ◽  
Case Law ◽  
Minority Language ◽  
European Convention ◽  
Canadian Charter ◽  
Educational Rights ◽  
European Court ◽  
The Right ◽  
Guide Lines

Many provisions of the Canadian Charter of Rights and Freedoms enacted as part of the Constitution Act, 1982 are couched in very broad terms. Comparative law provides useful guide-lines for ascertaining the probable ambit of the Charter. This article centers on the European Convention on Human Rights and on part of its case-law in areas where comparable solutions are likely to obtain in Canada. Thus, in spite of the generality of the words used by Deschênes J. in the case respecting minority language educational rights in Quebec, it is fair to assume that section 1 of the Canadian Charter will permit denials as well as limitations of rights, in exceptional circumstances, but that it will not apply to certain rights, such as the right not to be subjected to cruel treatment. More generally, the European Convention lays down the exhaustive limits that can apply to some rights and one may assume that no more restrictions would be permissible in Canada either. Finally, examples are given of cases which have been decided by the European Commission or the European Court of Human Rights and which pose problems likely to be raised under the Canadian Charter.

The Use of Supplementary Podcasting as an Instructional Tool in an Online Classroom Setting

2008 ◽  
Vol 11 (2) ◽  
pp. 61-66
Author(s):  
Jennifer C. Friberg
Keyword(s):  
Continuing Education ◽  
Teaching And Learning ◽  
Classroom Setting ◽  
Educational Tool ◽  
Instructional Tool ◽  
Online Classroom ◽  
Potential Applications ◽  
Education Tool ◽  
Professional Learners ◽  
Professional Disciplines

Abstract The use of podcasting is incredibly widespread, with experts estimating that 60 million Americans will be using podcasting in some form by 2010. The use of podcasting has grown beyond entertainment to become an educational tool, showing promise as a way to disseminate information and create networks of professional learners. However, despite the growing clinical and educational uses of podcasting in other professional disciplines, podcasting is being used primarily as a continuing education tool for speech-language pathologists and audiologists at this time. This article provides guidelines and examines the potential applications for use of podcasting in teaching and learning in communication sciences and disorders.

Science Teachers’ Beliefs about Teaching and Learning Implementing Inquiery-based Learning - A Case in Qatar Government Primary Schools

2020 ◽  
Author(s):  
Alshaima Saleh Alyafei
Keyword(s):  
Science Teachers ◽  
Primary Schools ◽  
Teaching And Learning ◽  
Traditional Approach ◽  
Teaching Experience ◽  
Web Based ◽  
Years Of Teaching Experience ◽  
Teachers Beliefs ◽  
Beliefs About Teaching ◽  
Voluntary Basis

The current study investigates the beliefs held by science teachers on constructivism and a traditional approach in Qatar government primary schools. More specifically, it aims to investigate the challenges that science teachers experience during inquiry-based learning implementation. A web-based survey was conducted in order to collect data from grades 4 to 6 science teachers. A total of 112 science teachers responded and completed the survey on a voluntary basis. The results indicate that science teachers hold a higher beliefs in constructivism than traditional approach. A T-test and ANOVA analysis have showed that there is no significant differences between the beliefs of science teachers’ and their gender, level of education, and years of teaching experience. In addition, science teachers faced challenges in lesson planning, assessment, and teacher support.

Standardy należytego uzasadnienia w świetle orzecznictwa Trybunału Konstytucyjnego i Europejskiego Trybunału Praw Człowieka

2014 ◽  
pp. 33-48
Author(s):  
Przemysław Florjanowicz-Błachut
Keyword(s):  
European Union ◽  
Human Rights ◽  
Due Process ◽  
Case Law ◽  
Fair Trial ◽  
Fundamental Rights ◽  
European Convention ◽  
European Court ◽  
Judicial Reasoning ◽  
The Right

The core function of the judiciary is the administration of justice through delivering judgments and other decisions. The crucial role for its acceptance and legitimization by not only lawyers, but also individulas (parties) and the hole society plays judicial reasoning. It should reflect on judge’s independence within the exercise of his office and show also judicial self-restraint or activism. The axiology and the standards of proper judicial reasoning are anchored both in constitutional and supranational law and case-law. Polish Constitutional Tribunal derives a duty to give reasoning from the right to a fair trial – right to be heard and bring own submissions before the court (Article 45 § 1 of the Constitution), the right to appeal against judgments and decisions made at first stage (Article 78), the rule of two stages of the court proceedings (Article 176) and rule of law clause (Article 2), that comprises inter alia right to due process of law and the rule of legitimate expactation / the protection of trust (Vertrauensschutz). European Court of Human Rights derives this duty to give reasons from the guarantees of the right to a fair trial enshrined in Article 6 § 1 of European Convention of Human Rights. In its case-law the ECtHR, taking into account the margin of appreciation concept, formulated a number of positive and negative requirements, that should be met in case of proper reasoning. The obligation for courts to give sufficient reasons for their decisions is also anchored in European Union law. European Court of Justice derives this duty from the right to fair trial enshrined in Articles 6 and 13 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. Standards of the courts reasoning developed by Polish constitutional court an the European courts (ECJ and ECtHR) are in fact convergent and coherent. National judges should take them into consideration in every case, to legitimize its outcome and enhance justice delivery.

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