scholarly journals Guaranteeism in Administrative Acts

2018 ◽  
Vol 1 (2) ◽  
pp. 1
Author(s):  
Enrique Rabell-Garcia
Keyword(s):  
Human Rights ◽  
Comparative Law ◽  
Case Law ◽  
Legal Interpretation ◽  
Legal Certainty ◽  
Administrative Procedure ◽  
The Third ◽  
Federal Constitution ◽  
Relevant Case ◽  
Constitutional Analysis

Under the reform of article 1 of the Federal Constitution (June 10, 2011), all government authorities have the obligation to respect human rights. The main inquiry of this essay is whether the Executive can, ex officio, revoke administrative acts for violations of human rights or stop enforcing a law it deems unconstitutional. Following this line of inquiry, for the purposes of this essay, the hypothesis is affirmative. The first part of this work analyzes several techniques and their comprehensive interpretation. Doctrine and comparative law are used to frame the issue. The second part consists of a constitutional analysis of article one under several legal interpretation theories to obtain preliminary results. The third part focuses particularly on revocation in the Administrative Procedure Act and the Mexican Federal Tax Code, in addition to relevant case law. Lastly, it is concluded that, in certain cases involving legal certainty, revocation can apply; however, refusal to enforce a law deemed unconstitutional cannot.

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.

Extradition of a Person: The National Law of Ukraine and the Case Law of the European Court of Human Rights

2021 ◽  
Vol 39 (9) ◽  
Author(s):  
Tatiana H. Fomina ◽  
Volodymyr I. Galagan ◽  
Zhаnnа V. Udovenko ◽  
Serhii Ye. Ablamskyi ◽  
Yana Yu. Koniushenko
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Case Law ◽  
Criminal Offense ◽  
National Legislation ◽  
Procedure Code ◽  
European Court ◽  
Relevant Case ◽  
The Right

This article aims at establishing and emulating the relevant issues surrounding the detention of person presumed of committing a criminal offense outside the territory of Ukraine in respect with the provisions adumbrated by the European Court of Human Rights. The study was conducted through the prism of national legislation and the relevant case law of the European Court of Human Rights. The issues of realization of the detainee's rights, including the right to protection, were considered separately. According to the results of the study, certain ways to improve the provisions of the Criminal Procedure Code of Ukraine have been formulated.

12. Grounds for judicial review: irrationality, proportionality, merits-based judicial review, and the Human Rights Act 1998

2017 ◽  
Author(s):  
Colin Faragher
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Case Law ◽  
Essential Information ◽  
House Of Lords ◽  
Relevant Case ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Principle Of Proportionality ◽  
The Impact

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. These include irrationality—meaning unreasonableness—which is now linked to the principle of proportionality. In addition, the relevant case law and key principles concerning distinction between procedural and merits based judicial review are fully explained. The impact of the Human Rights Act 1998 on judicial review is assessed generally. The emergence and development of the ‘outcomes is all’ approach to judicial review where breach of convention rights is alleged is explored by examining a number of significant House of Lords cases.

„Sprawa Sahary Zachodniej” – znaczenie instytucji sądowych Unii Europejskiej dla stosowania mechanizmu ocen skutków ochrony praw człowieka w sferze stosunków handlowych z państwami trzecimi

2019 ◽  
Vol 1 ◽  
pp. 163-185 ◽  
Author(s):  
Katarzyna Szepelak
Keyword(s):  
Human Rights ◽  
Trade Agreements ◽  
Case Law ◽  
Western Sahara ◽  
Good Practices ◽  
Trade Relations ◽  
The Third ◽  
The People ◽  
Practical Analysis ◽  
The Eu

Article presents the problem of applying human rights impact assessments by the EU institutions in the trade relations with the third countries and influence of case-law of judiciary institutions of European Union on the development of said instrument. For that purpose instrument of human rights impact assessments was presented along with the good practices regarding normative scope of assessments and desired methodology. Practical analysis of the instrument’s application were exemplified by the description of the EU-Morocco trade agreements influence on human rights of the people of Western Sahara. For that purpose author elaborates on the landmark case-law of the ECJ and EU GC in case of Front Polisario and examines the documents issued in the process of negotiation of the new trade deal within the EU and the Kingdom of Morocco.

Trafficking and Slavery

2015 ◽  
Vol 4 (1) ◽  
pp. 33-52 ◽  
Author(s):  
Tenia Kyriazi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Regulatory Framework ◽  
Human Beings ◽  
European Court ◽  
Relevant Case ◽  
Trafficking In Human Beings

Although the legal notion of slavery has been defined in article 1 of the 1926 Slavery Convention, it is currently being widely used to encompass various practices of abuse, oppression and exploitation. Trafficking in human beings is one such practice, extensively being referred to as a contemporary form of slavery. This article attempts to establish the legal criteria on the basis of which trafficking in human beings can constitute slavery and to define states’ obligations deriving from it, in the light of the recent relevant case-law of the European Court of Human Rights, and to highlight its impact to the current European anti-trafficking regulatory framework.

scholarly journals Servants or Masters? Linguistic Aids in Legal Interpretation

2021 ◽  
Vol 10 (1) ◽  
pp. 73-102
Author(s):  
Paulina Konca
Keyword(s):  
Case Law ◽  
Legal Interpretation ◽  
Legal Regulations ◽  
Correct Interpretation ◽  
Fourth Section ◽  
The Third ◽  
Ordinary Meaning ◽  
Legal Literature ◽  
The Law

This paper presents the role of some intrinsic sources in legal interpretation. Some of linguistic aids follow from provisions of the law and other from the commonly accepted ruling practice or views expressed in literature. The position of those aids was verified through the analysis of case-law, literature, and provisions of law. The first section and second section focus on the priority of plain meaning rule and intrinsic sources in legal interpretation which is strongly emphasized in legal literature, case-law and the interpretative provisions of many countries. Next, it presents how certain linguistic tools work in case law practice, what problems they can cause and what problems they can solve. The third point addresses the use of dictionaries as tools of linguistic interpretation. The fourth section explores the role of selected interpretative canons often found in legal regulations and case law practice: ordinary meaning canon, gender/number canon, ejusdem generis canon, presumption of consistent usage and prefatory-materials canon. It is concluded that the priority of a linguistic interpretation is not absolute and can never be understood as its exclusivity. Linguistic tools are not in themselves determinants of correct meaning. In order to make a correct interpretation, it is necessary not to be guided, by indications labelled as objective, sometimes artificially imposed, but by the intention of the legislator, which such tools may discover and should only be used for that purpose. 

The Ontological Problem

2018 ◽  
Author(s):  
Christopher McCrudden
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Legal Interpretation ◽  
Human Rights Law ◽  
Specific Element ◽  
The Third ◽  
The Relationship ◽  
Ontological Problem

This chapter deals with the third of three problems that dominate religious litigation, the ontological problem, which arises in two particular respects in the relationship between human rights law and religion. The first respect is in the need to give content to the ‘human’ in ‘human rights’, and we see religions and legal interpretation giving diverse, and sometimes conflicting, answers to this question. One of the contested sites of this conflict is over how we are to understand the idea of ‘human dignity’, which is seen by several religions and by the human rights system as a foundational concept for the understanding of human rights. The second respect in which the ontological problem arises has to do with a specific element in what it means to be human, namely the place of religion in that understanding. Is religion central to our view of what it means to be human, and are protections for religion central, therefore, to the human rights enterprise? Or should we, rather, view religion as marginal, or even contrary to our conception of what it means to be fully human, and query whether religion should be part of human rights protections at all?

Right to a Fair Trial

2021 ◽  
Author(s):  
Satu Heikkilä
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
General Interest ◽  
Reference Book ◽  
Practical Guide ◽  
European Court ◽  
Relevant Case ◽  
Source Of Information

Every year, the European Court of Human Rights delivers a large number of judgments, adding to its already extensive case-law. This makes it difficult for people outside the Court to know which cases are the most relevant and break new ground for fair trial issues. This book seeks to respond to that need by focusing on the most important cases and aims to make the content of Article 6 accessible in order to best serve readers' every-day practical legal needs The cases are selected following the Court's Jurisconsult's opinion of their jurisprudential interest. In addition, the book includes a number of other cases that raise issues of general interest, establish new principles, or develop or clarify the Court's existing case-law. The case summaries draw the readers' attention to the essential points, allowing them to focus on the jurisprudential significance of a particular case. A clear structure utilising detailed heading helps the reader to quickly find the relevant case-law. <br><br><i>Right to a Fair Trial: A Practical Guide to the Article 6 Case-Law of the European Court of Human Rights</i> is a comprehensive, easy-to-use and up-to-date reference book which provides a useful source of information for the practitioners, theorists and students in the field of human rights.

12. Grounds for judicial review: irrationality, proportionality, merits-based judicial review, and the Human Rights Act 1998

2019 ◽  
pp. 173-181
Author(s):  
Colin Faragher
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Case Law ◽  
Essential Information ◽  
House Of Lords ◽  
Relevant Case ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Principle Of Proportionality ◽  
The Impact

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. These include irrationality—meaning unreasonableness—which is now linked to the principle of proportionality. In addition, the relevant case law and key principles concerning distinction between procedural and merits-based judicial review are fully explained. The impact of the Human Rights Act 1998 on judicial review is assessed generally. The emergence and development of the ‘outcomes is all’ approach to judicial review where breach of Convention rights is alleged is explored by examining a number of significant House of Lords cases.

‘Unionisation’ of the European Court of Human Rights’ ne bis in idem jurisprudence: the Case of Mihalache v Romania

2019 ◽  
Vol 11 (2) ◽  
pp. 227-239
Author(s):  
Cedric Serneels
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Ne Bis In Idem ◽  
Relevant Case

This article analyses the decision of the European Court of Human Rights (ECtHR) in the case of Mihalache v Romania. In the judgment, the Court, dealing with the application of the ne bis in idem principle, further elaborates on the different components of the concept ‘final acquittal or conviction’ under Article 4 of Protocol No 7 to the European Convention on Human Rights. The author studies this aspect of the ruling through the lens of judicial dialogue and examines in particular the influence of relevant case law of the Court of Justice of the European Union on the ECtHR’s reasoning.

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