English, French & German Comparative Law :عنوان
نویسنده: Raymond Youngs
ناشر: Routledge - سال انتشار: 2014
قیمت: 9,300,000 ریال
درباره این کتاب:
The most signifi cant event politically during the last eight years has been the global recession. The European bailout of the Greek government has been unsuccessfully challenged at a constitutional level in Germany, and some case law has been generated by the change in economic conditions. But a shadow has also been cast over the optimism about European integration that existed a decade ago. The most signifi cant event legally is probably the amendment to the French Constitution that now allows challenge to French legislation by reference from a court to the Conseil constitutionnel on the ground that it infringes constitutional rights and freedoms. This makes France more like Germany so far as the status of its legislation is concerned. It also justifi es the emphasis in Chapter 4 (on human rights) on case law rather than legislation. Legislation may be good law, expressing and even concretising constitutional rights correctly, or it may be bad law, liable to be struck down at any time by the constitutional court in Germany or France on the basis that it is unconstitutional, and even in England declared by a higher court to be incompatible with a human right, although remaining valid. Legislation in any of these countries may be condemned by the European Court of Human Rights. In this sphere, the judgments of the courts become increasingly important. In France, the constitutional amendment also has the effect of making national human rights (previously neglected in favour of European ones) more important. England has moved closer to France and Germany by means of the enactment of the Fixed-Term Parliaments Act 2011. It remains to be seen whether this piece of ordinary legislation will have the desired effect of chaining governments to an electoral timetable or whether it will be possible for the timetable be overridden in diffi cult circumstances, in the manner allowed in Germany.
دسته بندی | حقوقی | |
موضوع اصلی | حقوق تطبیقی | |
موضوع فرعی | حقوق تطبیقی | |
نویسنده | Raymond Youngs | |
مترجم | ||
ناشر | Routledge | |
نوبت چاپ | 2 |
سال انتشار | 2014 | |
زبان کتاب | انگلیسی | |
شابک | 9780415540674 | |
قطع کتاب | وزیری | |
جلد کتاب | شومیز | |
تعداد صفحه | 775 صفحه | |
وزن | 600 گرم |
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