A Contextual Analysis
Victor Ferreres Comella
This book provides a
critical introduction to the principles and institutions that make up the
Spanish Constitution, which was enacted in 1978. It first explains the process
of transition from Franco's dictatorship to democracy, in order to understand
the historical circumstances under which the Constitution was framed. After
offering a theory to justify the authority of the Constitution over ordinary
laws, the book proceeds to explain the basic principles of the Spanish
political regime, as well as the structure of its complex legal system. Later
chapters focus on various institutions, such as the Crown, Parliament and the
Government. A specific chapter is devoted to the territorial distribution of
power between the State, the regions and local government. The last two
chapters deal with the constitutional role of courts, and the protection of
fundamental rights. The book includes some reflections on the challenges that
lie ahead and the constitutional reforms that may need to be considered in the
future.
Edited by Hugh C Hansen
This is the 17th Annual
volume in the series collecting the presentations and discussion from the
Annual Fordham IP Conference. The contributions, by leading world experts,
analyse the most pressing issues in copyright, trademark and patent law as seen
from the perspectives of the USA, the EU, Asia and WIPO. This volume, in common
with its predecessors, makes a valuable and lasting contribution to the
discourse in IP law, as well as trade and competition law. The contents, while
always informative, are also critical and questioning of new developments and
policy concerns.
Edited by Tom Daems, Dirk van Zyl Smit and Sonja Snacken
Is there something
distinctive about penology in Europe? Do Europeans think about punishment and
penal policy in a different way to people in other parts of the globe? If so,
why is this the case and how does it work in practice? This book addresses some
major and pressing issues that have been emerging in recent years in the
interdisciplinary field of 'European penology', that is, a space where legal
scholarship, criminology, sociology and political science meet - or should meet
- in order to make sense of punishment in Europe. The chapters in European Penology?
have been written by leading scholars in the field and focus in particular on
the interaction of European academic penology and national practice with
European policies as developed by the Council of Europe and, increasingly, by
the European Union.
Legal Regulation at the International Level
Edited by Katarina Trimmings and Paul Beaumont
This book addresses the
pressing challenges presented by the proliferation of international surrogacy
arrangements. The book is divided into three parts. Part 1 contains National
Reports on domestic approaches to surrogacy from Argentina, Australia, Belgium,
Brazil, China, Czech Republic, France, Germany, Greece, Guatemala, Hungary,
India, Ireland, Israel, Mexico, Netherlands, New Zealand, Russia, South Africa,
Spain, Ukraine, United Kingdom, United States and Venezuela. The reports are
written by domestic specialists, each demonstrating the difficult and urgent
problems arising in many States as a result of international surrogacy
arrangements. These National Reports not only provide the backdrop to the
authors' proposed model regulation appearing in Part 3, but serve as a key
resource for scrutinising the most worrying incompatibilities in national laws
on surrogacy. Part 2 of the book contains two contributions that provide
international perspectives on cross-border surrogacy such as the 'human rights'
perspective. Part 3 contains a General Report, which consists of an analysis of
the National Reports appearing in Part 1, together with a proposed model of
regulation of international surrogacy arrangements at the international level
written by the two co-editors, Paul Beaumont and Katarina Trimmings.
NEW IN PAPERBACK
Which Kind of Method for What Kind of Discipline?
Edited by Mark Van Hoecke
Until quite recently
questions about methodology in legal research have been largely confined to
understanding the role of doctrinal research as a scholarly discipline. In turn
this has involved asking questions not only about coverage but, fundamentally,
questions about the identity of the discipline. Is it (mainly) descriptive,
hermeneutical, or normative? Should it also be explanatory? Legal scholarship
has been torn between, on the one hand, grasping the expanding reality of law
and its context, and, on the other, reducing this complex whole to manageable
proportions. The purely internal analysis of a legal system, isolated from any
societal context, remains an option, and is still seen in the approach of the
French academy, but as law aims at ordering society and influencing human
behaviour, this approach is felt by many scholars to be insufficient.
Consequently many attempts
have been made to conceive legal research differently. Social scientific and
comparative approaches have proven fruitful. However, does the introduction of
other approaches leave merely a residue of 'legal doctrine', to which pockets
of social sciences can be added, or should legal doctrine be merged with the
social sciences? What would such a broad interdisciplinary field look like and
what would its methods be? This book is an attempt to answer some of these
questions.
The Dutch Act on Integration Abroad and International Immigration Law
Karin de Vries
A recent development in the
immigration policies of several European states is to make the admission of
foreign nationals dependent upon criteria relating to their integration. As the
practice of 'integration testing abroad' becomes more widespread, this book
endeavours to clarify the legal implications which have hitherto remained
poorly understood and studied.
The book begins by looking
at the situation in the Netherlands, which was the first EU Member State to
introduce pre-entry integration requirements. It explores the historical and
political origins of the Dutch Act on Integration Abroad and explains how, in
this national context, integration has become a criterion for the selection of
immigrants. It then examines how integration requirements must be evaluated
from the point of view of European and international law, including human
rights treaties, EU migration directives and association agreements and the law
on non-discrimination. The book identifies the legal standards set by these
instruments with regard to integration testing abroad and draws conclusions as
to the lawfulness of the Dutch approach.
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