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Author: Francisca Pou-Giménez Publisher: Cambridge University Press ISBN: 1009201778 Category : Law Languages : en Pages : 353
Book Description
This is the first book on proportionality in Latin American constitutional law. Leading scholars in the region explore how proportionality analysis has become a key part of the constitutional law of a region where, almost paradoxically, constitutions with clear transformative intentions coexist with the highest indicators of social inequality in the world. In this book, scholars, practitioners and students will find a fascinating account of how proportionality has been a central concept in Latin America's constitutional struggles to curtail excessive uses of state power. The book illustrates how, more recently, proportionality has played an important role in national processes of constitutionalization and transitional justice, and how its current uses in the domain of social rights endow it with a distinctive meaning and role in regional constitutionalism. This pioneering book opens up the space for a much needed global conversation on how Latin America has decisively contributed to comparative constitutional law.
Author: Alec Stone Sweet Publisher: Oxford University Press, USA ISBN: 0198841396 Category : Law Languages : en Pages : 249
Book Description
In this book, Alec Stone Sweet and Jud Mathews focus on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality analysis as the central method for protecting rights. In doing so, judges positioned themselves to review all important legislative and administrative decisions, and to invalidate them as unconstitutional when such policies fail the proportionality test. The result has been a massive - and global - transformation of law and politics. The book explicates the concepts of 'trusteeship', the 'system of constitutional justice', the 'effectiveness' of rights adjudication, and the 'zone of proportionality'. A wide range of case studies analyse: how proportionality has spread, and variation in how it is deployed; the extent to which the U.S. Supreme Court has evolved and resisted similar doctrines; the role of proportionality in building ongoing 'constitutional dialogues' with the other branches of government; and the importance of the principle to the courts of regional human rights regimes. While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the very heart of governance in the modern constitutional state and beyond.
Author: Nicholas Emiliou Publisher: Springer ISBN: Category : Law Languages : en Pages : 332
Book Description
The main objective of this study is to present a comparative legal analysis of proportionality. It provides a close examination of the key areas in which this principle has been applied, both at the national and supranational levels. The whole work is placed in the context of transformation of public law in the twentieth century. As many important general principles of law as applied by the Court of Justice have been borrowed from German and French law, a comparative study of the various forms which this principle has assumed in both German and French public law is presented. The book then offers an in-depth analysis of the application and impact of the principle of proportionality in EC law. The introduction and development of this principle by the Court of Justice represents one of the most striking examples of the interaction between the Community and national legal systems. It also illustrates the character of Community law as developed by the Court and the law-making function of the latter.
Author: Vicki C. Jackson Publisher: ISBN: 9781316754108 Category : LAW Languages : en Pages : 343
Book Description
"With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Contributions from some of the seminal thinkers on the development of scholarship on proportionality (e.g. Alexy, Barak, and Beatty) extend their prior work and engage in an important dialogue on the topic. Some offer substantial critiques, others defend the doctrine and offer important clarifications and extensions of their prior work. Throughout, the authors engage not only with case law from around the world but also with existing scholarly treatments of the subject. Mathematical treatments are avoided, making the book accessible to readers from both 'soft' and hard' social science backgrounds"--
Author: Paul Leinwand Publisher: Harvard Business Press ISBN: 1647822335 Category : Business & Economics Languages : en Pages : 142
Book Description
Two world-renowned strategists detail the seven leadership imperatives for transforming companies in the new digital era. Digital transformation is critical. But winning in today's world requires more than digitization. It requires understanding that the nature of competitive advantage has shifted—and that being digital is not enough. In Beyond Digital, Paul Leinwand and Matt Mani from Strategy&, PwC's global strategy consulting business, take readers inside twelve companies and how they have navigated through this monumental shift: from Philips's reinvention from a broad conglomerate to a focused health technology player, to Cleveland Clinic's engagement with its broader ecosystem to improve and expand its leading patient care to more locations around the world, to Microsoft's overhaul of its global commercial business to drive customer outcomes. Other case studies include Adobe, Citigroup, Eli Lilly, Hitachi, Honeywell, Inditex, Komatsu, STC Pay, and Titan. Building on a major new body of research, the authors identify the seven imperatives that leaders must follow as the digital age continues to evolve: Reimagine your company's place in the world Embrace and create value via ecosystems Build a system of privileged insights with your customers Make your organization outcome-oriented Invert the focus of your leadership team Reinvent the social contract with your people Disrupt your own leadership approach Together, these seven imperatives comprise a playbook for how leaders can define a bolder purpose and transform their organizations.
Author: Francisca Pou-Giménez
Author: Francisca Pou-Giménez
Author: Francisca Pou-Giménez
Author: Alec Stone Sweet
Author: Nicholas Emiliou
Author: Moshe Cohen-Eliya
Author: Professor Moshe Cohen-Eliya
Author: Vicki C. Jackson
Author: Iron and Steel Institute
Author: Paul Leinwand
Author: Afroditi Marketou