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Law and Criminology (R0)

Jan Podkowik

Anna Chmielarz-Grochal

Marcin Stebelski

Jaroslaw Sulkowski

Gleams of Good Faith in Constitutional Law

&lt;p&gt;Towards Constitutional Good Faith.- Part One: Inspirations.- Good Faith in Public Law and the European Legal Tradition.- Good Faith in International Law.- Good Faith in European Union Law.- Good Faith in the European Convention on Human Rights.- Part Two: Perspectives.- Good Faith in French Constitutional Law.- Good Faith in German Constitutional Law.- Good Faith in Polish Constitutional Law.- Good Faith in Romanian Constitutional Law.- Good Faith in U.S. Constitutional Law.- Good Faith in Spanish Constitutional Law.- Good Faith in Swiss Constitutional Law.- Part Three: Manifestations.- Good Faith in Constitutional Interpretation.- Good Faith in the State - Individual Relationships.- Good Faith and the Separation of Powers.- Good Faith and Judicial Power.- Good Faith and a Vertical Division of Power.&lt;/p&gt;

Studies in International Law

This book examines whether a principle of fair sharing exists in international refugee law and, if so, how it should be defined. The 1951 Refugee Convention requires States Parties to share the 'burdens' borne by States of asylum, yet it neither guarantees 'fair burden and responsibility-sharing' between States nor clarifies what this obligation entails. It also leaves 'fairness towards refugees' in burden and responsibility-sharing matters outside the scope of this obligation. To address this problem, the Global Compact on Refugees recognises 'equitable burden and responsibility sharing' as the primary guiding principle of the legal rule concerning international cooperation in the 1951 Refugee Convention. Yet it does not define the legal meaning of 'equitable' in the context of fair sharing, nor does it clarify the normative requirements of this principle. It also relies on voluntary contributions of States for the translation of this principle into practice, thereby leaving key questions unresolved. This book addresses these gaps by conceptualising fairness through the principle of equity. It explores how fairness, by virtue of equity, can be realised in practice, setting boundaries on State discretion while accommodating the specific circumstances of host States and refugees alongside the common good of the international community. It also relies on other relevant principles, namely solidarity and good faith, to bolster its argument. Drawing on legal doctrine and the case law of the international courts and tribunals, it establishes there is an obligation arising from the legal pattern spanning from the Refugee Convention to the Refugee Compact and further provides a framework for giving practical effect to this obligation. Offering a rigorous and original contribution to debates on fairness and burden and responsibility-sharing, this book will be essential reading for scholars, practitioners, and policymakers concerned with refugee protection and the future of international cooperation.

An Equity-based Approach to State Responsibility

Fair Sharing in International Refugee Law

Ius Gentium: Comparative Perspectives on Law and Justice

The contemporary significance of the subject “Social Rights, Inequalities and Affirmative Action” is indisputable. In periods of social polarization, conflict and crisis, it is imperative that the obligation of our societies to protect and promote social rights is addressed and acknowledged. It is also necessary to recognize the way in which social rights are jeopardized by inequalities that impede the cultivation of robust social relationships and to document instances of the implementation of affirmative actions in this scenario. The aims of this work are as follows: firstly, to establish general topics (part I); secondly, to undertake more specific investigations within the primary topic (part II); and thirdly, to address the challenges posed by the technological transition currently taking place in society, which has significant consequences for social rights, (in)equality, and affirmative action (part III). The study is organized into three sections corresponding to these targets. For the purposes of this study, the analysis will commence, in the Part I of this book, at the genesis of the debates, as outlined in the chapter concerning the old and the new forms of racism. This contribution is followed by a chapter on the growing recognition of intersectional discrimination in European and global human rights frameworks and by another on structural discrimination and the function of the law against unjust enrichment. To further explore and expand upon the subjects addressed in the preceding chapters, the final chapter of Part I of this book delves into the topic of affirmative action in the United States. The second part of this work is dedicated primarily to specific forms of affirmative action, thereby deepening the discussion initiated in the first part of this book. The initial topic examines the way in which the pandemic has impacted specific social groups and led to the emergence of health disparities in the UK. The subsequent chapter is devoted to an examination of the alterations in the benefits of minimum income support in Brazil in recent years. The fourth chapter undertakes a detailed investigation of a specific affirmative action program for children and adolescents with the objective of reducing violence in urban areas. The final chapter conducts an analysis of ageing, public policies and inclusion in Brazil. The third and final section is dedicated to an examination of the challenges faced by our technological societies. The field of “Social Rights, Inequalities and Affirmative Action” is set to be impacted by the regulation of artificial intelligence, the increasing digitalization of activities, and the development of new tools designed to enhance the efficiency of the social state. The initial chapter of the concluding section deals with the regulation of artificial intelligence in Brazil and the impacts of neurotechnology. The second study examines conservative digitalization and structural inequalities in Latin American information societies, while the final study focuses on the emergence of the social digital state and the use of instruments that produce inequality and discrimination.

Social Rights, Inequalities and Affirmative Action

Sam Alito and the Triumph of the Conservative Legal Movement

Revenge for the Sixties

Constitutional Systems of the World

A Contextual Analysis

The Constitutional System of Turkey

This book is an insightful, thought-provoking study of one of the world's most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. 

This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

The European Court of Justice and its Critics

This innovative new textbook takes a cases and materials model (balanced perfectly with expert commentary to guide the students) which maintains a keen focus on those areas studied by the student of EU law. Avoiding the approach of most other textbooks, whose comprehensiveness serves to overwhelm the student, EU Law: Cases, Materials and Text is structured to map the mainstream curriculum. This allows for the inclusion of more materials, with short extracts drawn from a wide range of sources. These serve to tease out themes and to provide a clear sense of direction for the student navigating a sometimes complex subject. As a first edition, it is structured to accurately reflect the law of the EU post Brexit, with a dedicated chapter on the emerging UK-EU relationship. Written by two authors who are both leading scholars and experienced teachers, this offers a new, fresh resource for students and teachers alike.

Cases, Materials and Text

EU Law

International and Comparative Law in the Asia Pacific

This book uses a comparative approach to analyse the current and potential changes in China's arbitration laws. By comparing the different stages of the arbitral process and the changes in policy towards international arbitration, it is possible to witness the determination and opening of the market by the Chinese government. The changes in attitude towards international arbitration also reflect a broader and more general policy shift towards a more arbitration-friendly state in a new era. While there are many introductions to arbitration law, this book focuses on Chinese practice, along with comparisons and interactions with other jurisdictions, including the Asia-Pacific region, Hong Kong SAR, Singapore, Australia and the United Kingdom. This part also shows how litigation, arbitration, mediation and their hybrid dispute resolution have been significantly reformed and developed in the context of China's opening up. In addition to examining arbitration procedures and rules, this part of the book takes into account recent innovations and movements in new technologies and green arbitration, suggesting how China's advantages in online dispute resolution can be maximised in light of the campaign. By exploring both the theoretical framework of international arbitration and the practical consideration of the international consensus, this book aims to provide suggestions for future developments and adjustments for China to be more attractive in this highly competitive market. It will be an essential resource and an invaluable reference for scholars focusing on Chinese arbitration law, comparative and international dispute resolution, and the broader legal, institutional, political and cultural dimensions of dispute resolution development.

A Comparative Study

The Modernization and Reform of International Arbitration in the People’s Republic of China

Understanding China

This book systematically covers the environmental law issues of China. It starts with the challenges to traditional law and the emergence of environmental law, introduces the basic issues of environmental law and calls for the restructuring of the law, proposes environmental rights and reviews the practice of environmental rights. Then, this book discusses international environmental law developments, the change of notions of Chinese environmental law and the restructuring of Chinese environmental regulatory tools. It points out the insufficiency of traditional private law and public law and proposes that innovation of private law and public law is needed to address environmental issues in China. It addresses issues of Chinese environmental law as well as issues of international environmental law.This book pays attention to the special issues of Chinese environmental governance. Unlike many books introducing foreign environmental legislation into China, this book focuses on Chinese issues, Chinese environmental issues, and Chinese environmental law issues. This focus on the special issues of Chinese environmental governance makes it more revealing the real situations of China. From this book, readers may understand the history of Chinese environmental law as well as the future of Chinese environmental law, blackletter law, living law, achievements and insufficiency.&nbsp;Zhongmei Lyu, Vice Chairperson of China Law Society and Chairperson of China Society of Environmental and Resources Law.Prof. Lyu won the awards of China National Distinguished Young Jurists, Chinese Renowned Jurists, and many other awards. Prof. Lyu is a top scholar of environmental law in China. She authored a large number of books and articles on environmental law and also has rich experience in practical legislative, judicial, and law enforcement work. She actively participates in the drafting and deliberation of environmental legislation. She played a major role in the drafting of the Eco-Environmental Code of the People’s Republic of China, which was adopted by the National People’s Congress on March 12, 2026. As to judicial work, she was an associate justice of the Higher People’s Court of Hubei Province for five years.

New Horizons of Environmental Law

Modern Studies in European Law

Structural Principles of EU Law

Transfer of Criminal Procedure

Eine Dokumentensammlung nebst Einführungen, 7. Band: Hessen-Homburg, Hohenzollern-Hechingen und -Sigmaringen, Kurhessen sowie Liechtenstein

Deutsches Verfassungsrecht 1806 - 1918

Gleams of Good Faith in Constitutional Law

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