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Pech L: EU Rule of Law Casebook

EU Rule of Law Casebook

What is tradition in American constitutional law, and what is its enduring appeal in American culture? In The Constitution of Practice, Marc O. DeGirolami presents and defends his theory of constitutional law, one rooted in our political, legal, and cultural experience. He argues that constitutional traditions are the ways in which we manifest, give concrete form to, and transmit political excellence across time. He explains how traditions also bind us to one another, strengthening the civic affection necessary to a democratic republic. Responding to several criticisms, the author discusses the relationship of constitutional method and American politics, evaluating traditionalism's political adhesion and its prospects in the coming decades. At a time when Americans increasingly do not trust their institutions, DeGirolami explores how a traditionalist approach to the Constitution can begin to repair the disaffection that many now feel for their legal institutions.

On Law and Tradition

The Constitution of Practice

Code of Federal Regulations, Title 47 Telecommunications

Title 47 presents regulations impacting equipment, carrier services, broadcast radio services, safety and special radio services, and policies related to national security. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

Code of Federal Regulations, Title 47 Telecommunication 0-19, Revised as of October 1, 2024

Modern Studies in European Law

This open access book adds a new dimension to the long-standing research on the co-existence of European Court of Human Rights and the Court of Justice of the EU, and their inter-related action and explicit interaction. As the two Courts are increasingly called upon to interpret corresponding rights, particularly owing to the ever-growing importance of fundamental rights in the EU legal order, the stakes intensify. Prior studies have mostly focused on the constitutional and substantive issues connected to this interaction. This book focuses on another dimension: the lesser-told yet fascinating tale of two - increasingly substantively overlapping - European-level judicial systems with their own procedures and institutional idiosyncrasies, their own terminology, and with their own epistemic communities of practitioners and scholars, and their own relationship to national law. In this collection a team of experts - academics and practitioners - from both systems bridges the gap between these two worlds of fundamental and human rights protection, investigating their commonalities and differences. They address the questions 'who can go where?', 'on what procedural roads?', 'at what speed?' and 'to what final destination?'. This book is an essential resource for anyone working or studying the protection of fundamental and human rights in Europe. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by KU Leuven.

Activating Human and Fundamental Rights Before the European Courts

This book provides an insightful, thought-provoking study of one of the world's most important courts. The European Court of Justice has had a transformative effect on EU Law but this has not been without controversy. This book explores criticisms levelled against the Court, examining whether concerns over judicial activism, unconventional interpretative methods, conflicts with national courts, and over-reach are justified. Drawing on the expertise of leading commentators, it offers various perspectives from across the spectrum of EU Law. The contributions included in the volume go beyond a legal analysis seeking to provide an understanding of the political and social context in which the Court operates and the wider impact of its judgments.

The European Court of Justice and its Critics

This open access book provides a comprehensive exploration of the EU's role, as a regional international organisation, in the protection of human rights within national legal orders. Emphasising the distinctive features of this contribution, it brings clarity for both EU and non-EU lawyers, particularly scholars of public and human rights law. By taking a cross-cutting approach-examining the capacity, nature, and adjudication of EU Fundamental Rights Law-it expertly navigates the intricacies of this system. Moreover, it advocates for a political turn in EU Fundamental Rights Law-one that enables European society to meaningfully engage with the deeper issues underpinning this legal framework. This is an invaluable tool for scholars and practitioners in the fields of European law, public law, human rights, and International law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by KU Leuven.

Understanding a Singular Regional Player

The European Union and Human Rights

This book offers a key point of reference for reflective and thoughtful examinations of the rule of law in tax and related disciplines. It features a stellar cast of established and early-career researchers from a variety of jurisdictions who have entered into conversations about the nature of the rule of law; its relevance to questions about tax, welfare, distribution and public spending; and the challenges involved in applying legal standards in these fields. There is a particular focus on the interaction between the rule of law and the rapidly emerging world of cross-border tax avoidance, reforms influenced by the OECD's Base Erosion and Profits Shifting project and the evolution of EU-level governance over direct as well as indirect taxes. The book is accessible to those new to taxation and public finance as well as to experts, and to lawyers and non-lawyers alike.

Tax, Public Finance, and the Rule of Law

Philip Bobbitt's seminal contribution, Constitutional Fate, first described the six fundamental forms of interpretive argument and showed how these operated to legitmate judicial review. In Constitutional Intepretation he takes up the remainder of this project: how are we to decide which forms should govern when, in hard cases, the differing methods of interpretation yield different results? How do forms of constitutional argument that maintain legitimacy also thereby ensure justice? This classic work is a layman's primer by which a student can learn to analyze constiutional problems from a legal point of view.

Constitutional Interpretation Revised Edition

Code of Federal Regulations, Title 42 Public Health

Regulations that apply to: medical personnel; medical care &amp; examinations; health related grants; fellowships, internships, and training; quarantine, inspection, and licensing; occupational safety and health research; health assessments; vaccines; Medicare &amp; medical assistance programs; and standards &amp; certification of facilities and services.

Code of Federal Regulations, TITLE 45 PUBLIC WELFARE 200-499, Revised as of October 1, 2025

Volume II: The Internal Market

Oxford Principles of European Union Law

This engaging book provides a clear and comprehensive account of the legal system of Northern Ireland. For many years it has been a go-to source for students and practitioners of law, yet is also accessible to readers with no prior legal knowledge. The book begins by explaining how Northern Ireland became a separate legal jurisdiction, what its current constitutional arrangements are, how its legislation is made and what kind of courts and judges it has. It then looks at when international law is of importance in Northern Ireland, explaining the role of documents such as the Windsor Framework and the European Convention on Human Rights. There follow chapters on laws applying to public bodies, on institutions involved in criminal justice and on rules governing criminal trials. A chapter on 'private law' summarises numerous important fields such as consumer law, employment law, succession law and family law. The book concludes with explanations of how civil cases are processed through Northern Ireland's courts and of the role of lawyers and legal aid schemes. The appendices set out sample sources of law for illustrative purposes. This new edition, now co-authored, has been thoroughly updated with a view to making it even more informative and relevant to readers' needs. It is a 'must have' for anyone wanting to come to grips with the detailed features of a jurisdiction which has long been the subject of political contention and which is constantly developing.

Law in Northern Ireland

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

EU Rule of Law Casebook

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