Search results for "adjudication"
showing 10 items of 12 documents
La Cumparsita: a source of lawsuits Contursi and Maroni vs. Matos Rodríguez
2016
This article deploys Tango along with the lawsuits concerning to whom participated in the elaboration of “La Cumparsita” and its lyrics as a frame of reference for discussing about copyrights and intellectual property. In addition to giving an opinion about the procedure to arrive at the final solution related to the adjudication of the copyrights along its effects of that in each one of the beneficiaries, the author tell us a little bit of the process of creating this musical composition as well as the scope it had during its time. El presente artículo utiliza al Tango, a los pleitos y personajes que participaron en la elaboración de La cumparista y sus letras, como marco referencial para …
The Constitution of Latvia – A Bridge Between Traditions and Modernity
2019
The Latvian constitutional system is based on the principle of State continuity after the Soviet occupation, and this is reflected in the reinstatement of the 1922 Constitution (Satversme). Unlike other constitutions in the post-communist area, it is characterised as a laconic and predominantly procedural constitution. However, important amendments were introduced in 1996 and 1998, establishing the Constitutional Court and introducing a catalogue of fundamental rights. The constitutional culture has been influenced by German traditions in constitutional jurisprudence, and the adjudication of legislation on substantive grounds has been stringent. This is particularly evident in the annulment…
On the Role of Inequalities in Legal Systems: A Tocquevilian View
2008
The present paper proposes to interpret the differences in legal systems between common-law and civil-law nations as arising from the importance given to adjudication in comparison with statute laws. It focuses on the relative costs of legal change by adjudication (case law development) when compared with legislation (statutory law development). The main argument is that the public concern with equality is a major determinant of the relative cost of adjudication in a legal system. We develop a model of the legal process that illustrates Tocqueville's fundamental intuition with regard to the uniformity of legal rules, and as a consequences, the relative importance of adjudication and legisla…
What Can Plans Do for Legal Theory?
2012
In his book, Legality (2011), Scott Shapiro puts forward what he claims to be "a new, and hopefully better" (better, namely, than the ones given so far) answer to "the overarching question of ‘What is law?’ - The central claim of this new account - the "Planning Thesis" - is that "legal activity is a form of social planning" -. "Legal institutions plan for the communities over which they claim authority, both by telling members what they may or may not do, and by identifying those who are entitled to affect what others may or may not do. Following this claim, legal rules are themselves generalized plans, or planlike norms, issued by those who are authorized to plan for others. And adjudicat…
The Ill-Fated Union: Constitutional Entrenchment of Rights and the Will Theory from Rousseau to Waldron
2014
This chapter revisits the key theses of Georg’s Jellinek’s Declaration of the Rights of Man and of Citizens: A Contribution to Modern Constitutional History [1895]. The objective of this chapter is to expose the ‘umbilical cord’ that linked the notion of ‘constitutional’ rights and the will theory, on one side, and the internal incompatibility of notion of ‘inalienable rights’ with the will theory – reflecting an unabated conflict of the doctrines of parliamentary supremacy and constitutional rights, on another side. These doctrines are part of both ‘continental’ and ‘common law’ traditions. Our intent is also to reflect on the shared groundwork of the doctrine of sovereignty of Hobbes, Aus…
Human Rights and Substantive Equality in the Adjudication of Ethnic Practices
2016
With the development of human rights and anti-discrimination law, courts have increasingly been called upon to protect ethnicity related practices from general criminal and civil sanctions. These ‘claims of culture’ have so far been addressed with remarkable inconsistency, leading to popular fears of unlimited normative pluralism and targeted legislative measures. Compounding such controversies, philosophical approaches to multiculturalism have mostly been concerned with policy and offered vague or distorted portrayals of judicial challenges. This article seeks to fill the gap by exploring how the legal standard of substantive equality might structure the courts’ approach to a range of case…
La problematica distinzione fra diritti e principi nella Carta dei diritti fondamentali dell'Unione europea
2020
In questo studio si prospetta una ricostruzione della distinzione fra fra diritti e principi definita nella Carta dei diritti fondamentali dell'Unione europea e si riflette sull'interpretazione che ne è stata data alla luce delle tradizioni costituzionali italiana e spagnola. This essay aims at giving some insights on the dinstinction between "rights" and "principles" within the EU Charter of Fundamental Rights. The Author analyzes also the judicial interpretation of this distinction contextualizing it within the Italian and Spanish Constitutional Tradition.
Créance postérieure au jugement d'ouverture. Indemnité d'occupation
2006
International audience; (Cass. com., 30 mars 2005, Louvigne c/ Da Rocha, pourvoi n° 01-11.620, arrêt n° 546 FS-P+B, D. 2005, AJ p. 1083, obs. A. Lienhard ; CA Versailles, 12e ch., 13 oct. 2005, Me Samzun c/ SCI Fleur de Lotus)
Créancier hypothécaire. Liquidation judiciaire, Réalisation des immeubles, Sociétés de crédit immobilier, Application de l'article 140 du décret du 2…
1993
International audience; (Com. 9 juin 1992, SA Crédit immobilier du département de la Sarthe c/ Mme Brière et autre)
Dialoga loma tiesas spriešanā
2015
Elektroniskā versija nesatur pielikumus