نتائج البحث - constitution approach

Interpreting the constitution : the supreme court and the process of Adjudication حسب Wellington Harry H.

Law and economics : a comparative approach to theory and practice حسب Malloy, Paul Robin

جدول المحتويات: "…Law and economics : a comparative approach Basic economics for law and economics Ideological bias in both legal and economic theories Conservative approaches to law and economics Liberal perspectives on law and economics Left communitarian and neo-Marxist approaches to law and economics Libertarian conceptions of law and economics Classical liberal theory and law and economics Contract law : the issue of unconscionability Property law : the implied warranty of habitability Criminal/constitutional law : right to counsel Employment law : comparable worth Tort law : design safety and social responsibility Improving lawyering skills…"

Constitutional government and democracy : theory and practice in Europe and America حسب Friedrich, Carl J.

جدول المحتويات: "…Local self-government: basis of constitutional democracy : Political philosophers on the best size of towns ; A pragmatist's approach ; Growth of local government functions ; The British tradition ; Alternative patterns: Great Britain ; France ; Switzerland ; Germany ; United States. …"

Constitutional and administrative law حسب Bradley, A. W

جدول المحتويات: "…Preface xiii Table of Legislation xv Table of Cases xxxiii Abbreviations lxxiii PART I -- GENERAL PRINCIPLES OF CONSTITUTIONAL LAW Definition and scope of constitutional law 3 (9) Sources and nature of the constitution 12 (23) The formal sources of constitutional law 12 (8) Other rules and principles, including constitutional conventions 20 (11) Constitutional government in Britain 31 (4) The structure of the United Kingdom 35 (16) The historic structure 35 (7) Devolution of government 42 (9) Parliamentary supremacy 51 (30) The growth of the legislative authority of Parliament 51 (3) Meaning of legislative supremacy 54 (7) The continuing nature of parliamentary supremacy 61 (13) The Treaty of Union between England and Scotland 74 (3) Conclusions 77 (4) The relationship between legislature, executive and judiciary 81 (12) The rule of law 93 (14) Historical development 95 (4) The rule of law and its implications today 99 (8) Responsible and accountable government 107 (16) The United Kingdom and the European Union 123 (30) European Community institutions 125 (7) European Community law 132 (7) European Community law and British constitutional law 139 (4) Response of the courts 143 (6) Conclusion 149 (4) PART II -- THE INSTITUTIONS OF GOVERNMENT Composition and meeting of Parliament 153 (39) The electoral system 153 (4) Distribution of constituencies 157 (4) Political parties 161 (4) The conduct of elections 165 (4) Supervision of elections 169 (3) Electoral systems and electoral reform 172 (4) Membership of the House of Commons 176 (4) The House of Lords 180 (3) Reforming the membership of the House of Lords 183 (4) Meeting of Parliament 187 (5) Functions of Parliament 192 (31) Legislation 193 (9) Conflict between the two Houses 202 (6) Financial procedure 208 (7) Scrutiny of administration 215 (6) Constitutional watchdog 221 (2) Privileges of Parliament 223 (19) House of Commons 223 (11) Financial interests of members 234 (6) House of Lords 240 (2) The Crown and the royal prerogative 242 (27) The monarchy 243 (4) Personal prerogatives of the monarch 247 (5) The Queen in Council 252 (3) The royal prerogative 255 (8) The royal prerogative and the courts 263 (6) The Cabinet, government departments and the civil service 269 (31) The Prime Minister 270 (3) The Cabinet 273 (5) Ministers and departments 278 (5) Civil service: organisation and accountability 283 (6) Civil service: ethics and standards 289 (5) Open government and freedom of information 294 (6) Public bodies and regulatory agencies 300 (23) Origins and purpose 301 (3) Classification, status and composition of public bodies 304 (4) Public utilities: the general framework 308 (4) The accountability of public utilities and public utility regulators 312 (6) Advisory bodies 318 (5) Foreign affairs and the Commonwealth 323 (20) The foreign affairs prerogative, international law and the courts 323 (7) Treaties 330 (4) The United Kingdom and the Commonwealth 334 (9) The armed forces 343 (16) The constitutional structure 343 (4) Military law and human rights 347 (6) The armed forces and the ordinary law 353 (6) The Treasury, public expenditure and the economy 359 (22) The Treasury 359 (2) The Bank of England 361 (3) Public finance 364 (6) Public expenditure control and accountability 370 (6) Management of the economy 376 (5) The courts and the machinery of justice 381 (38) The courts 381 (4) The judiciary and judicial appointments 385 (3) Independence of the judiciary 388 (7) Contempt of court and safeguards for the administration of justice 395 (9) The executive and the machinery of justice 404 (6) Prosecution of offenders and miscarriages of justice 410 (9) PART III -- THE CITIZEN AND THE STATE The nature and protection of human rights 419 (23) The British approach 420 (5) European Convention on Human Rights 425 (7) The Human Rights Act 1998 432 (9) Conclusion 441 (1) Citizenship, immigration and extradition 442 (32) Citizenship 442 (8) Immigration and deportation 450 (16) Extradition 466 (8) The police and personal liberty 474 (39) Organisation of the police 474 (4) Personal liberty and police powers 478 (9) Police powers of detention and questioning of suspects 487 (6) Police powers of entry, search and seizure 493 (7) Remedies for abuse of police powers 500 (8) Accountability and control of the police 508 (5) The protection of privacy 513 (28) The case for protection 513 (1) Privacy and the ECHR 514 (3) Surveillance: acquiring information 517 (4) Interception of communications 521 (5) Storing and processing information 526 (6) Privacy and the press 532 (5) Privacy and the Human Rights Act 537 (4) Freedom of expression 541 (31) The nature of legal protection 541 (3) Censorship and prior restraints 544 (3) Regulation of television and radio 547 (4) Offences against the state and public order 551 (4) Obscene publications 555 (6) Defamation 561 (8) Breach of confidence 569 (3) Freedom of association and assembly 572 (27) Freedom of association 573 (1) The right of public meeting 574 (2) Public processions and assemblies 576 (3) Freedom of assembly and private property rights 579 (5) Public order offences 584 (8) Preventive powers of the police and courts 592 (4) Freedom of assembly and the Human Rights Act 1998 596 (3) State security and official secrets 599 (27) Emergency powers and terrorism 626 (31) Use of troops in assisting the police 626 (2) Use of troops in Northern Ireland 628 (4) Martial law 632 (3) Emergency powers in war and peace 635 (4) Emergency powers and terrorism 639 (7) The Terrorism Act 2000 and Northern Ireland 646 (3) International terrorism: additional powers 649 (4) Conclusion: terrorism and human rights 653 (4) PART IV -- ADMINISTRATIVE LAW The nature and development of administrative law 657 (17) Delegated legislation 674 (19) Historical development 674 (2) Justification of delegated legislation 676 (1) Exceptional types of delegated legislation 677 (3) Nomenclature 680 (1) Consultation of interests 681 (1) Control by Parliament 682 (5) Publication of statutory instruments 687 (1) Challenge in the courts 687 (3) Administrative rule-making 690 (3) Administrative justice 693 (32) Tribunals 695 (10) Public inquiries 705 (5) The Inquiries Act 2005 710 (5) The Parliamentary Ombudsman 715 (10) Judicial control of administrative action -- I 725 (34) Judicial review on substantive grounds 727 (15) Review on procedural grounds 742 (11) Legitimate expectations 753 (6) Judicial control of administrative action -- II 759 (25) Liability of public authorities and the Crown 784 (32) Liability of public authorities and the Crown in tort 785 (15) Contractual liability 800 (6) The Crown in litigation: privileges and immunities 806 (10) Bibliography 816 (11) Index 827…"

Barter, exchange, and value : an anthropological approach /

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The President, office and powers, 1787-1957 : history and analysis of practice and opinion حسب Corwin Edward S.

International Chamber of Commerce arbitration / حسب Craig, W. Laurence

جدول المحتويات: "…Entering Into Effect of the Award; 23. ICC Arbitrators Approach to Fact Finding; 24. Written Proof and Arguments; 25. …"

Textbook on administrative law / حسب Leyland, Peter

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Textbook on administrative law / حسب Leyland, Peter

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Wade & Forsyth's administrative law / حسب Forsyth, C. F.

Principles of European environmental law : proceedings of the Avosetta Group of European Environmental Lawyers /

جدول المحتويات: "…Precaution in the field of air quality protection and emission control 104 (4) 1 Precaution under the 'Bundesimmissionsschutzgesetz' 105 (1) 2 The precautionary principle and the question of standing 105 (2) 3 Precaution and the justification of environmental protection 107 (1) B. Precaution as a constitutional obligation 108 (2) II The polluter pays principle 110 (1) III The cooperation principle 111 (4) CHAPTER 8 The Environmental Principles of the EC Treaty as a Legal Basis for judicial Decisions in the Italian Case Law Stefano Grassi 1 Introductory remarks 115 (8) 2.1 The need for precautionary protection in the case law of the Constitutional Court 116 (2) 2.2 The enforcement of the precautionary principle in civil case law 118 (2) 2.3 The precautionary approach in administrative case law 120 (1) 2.4 The precautionary principle in criminal case law 121 (1) 2.5 The principle that preventive action should be taken in Italian case law 122 (1) 3 The principle that the polluter should pay in Italian case law 123 (1) 4 The integration principle and the division of powers in a federal state 123 (1) 5 The direct effects of EC environmental principles in Italian case law 124 (9) Further Observations on the Application of EC Environmental Principles before Italian National Courts Massimiliano Montini 127 (6) CHAPTER 9 European Environmental Principles in Dutch Case Law Liselotte Smorenburg-van Middelkoop 1 Introduction 133 (4) 1.1 Legal principles and Dutch courts 133 (1) 1.2 The provenance of European environmental principles in the Netherlands 134 (3) 1.2.1 The polluter pays principle (het beginsel de vervuiler betaalt) 134 (1) 1.2.2 The precautionary principle (het voorzorgsbeginsel) 135 (1) 1.2.3 The rectification at source principle (het bronbeginsel) 136 (1) 1.2.4 The integration principle (het integratiebeginsel) 136 (1) 1.2.5 Codification of the principles 137 (1) 2 The European environmental principles in Dutch case law 137 (17) 2.1 The polluter pays principle 137 (3) 2.1.1 Is the polluter pays principle a general principle of law? …"

Principles of alternative dispute resolution / حسب Ware, Stephen J.

جدول المحتويات: "…Preface Note to teachers Acknowledgments Chapter 1: Introduction 1-1: Overview 1-2: Disputes 1-3: Resolution of disputes 1-4: Processes of dispute resolution 1-5: Definitions of litigation and ADR a: ADR as alternatives to litigation b: Litigation as the default process 1-6: Introductions to major ADR processes a: Negotiation b: Mediation and other processes in aid of negotiation c: Arbitration 1-7: Basic division within ADR: arbitration vs everything else a: All ADR processes can produce binding results 1: Negotiation 2: Mediation and other processes in aid of negotiation 3: Arbitration b: Arbitration is the only ADR process that can produce binding results without a post-dispute contract c: Arbitration or litigation casts the shadow in which negotiation and processes in aid of it occur d: Implications for categorizing and comparing processes 1-8: Broader perspectives on ADR a: ADR diversity b: Cool and warm themes; the cost and quality of dispute resolution c: Lawyers and ADR Chapter 2: Arbitration And Similar Processes A: Overview 2-1: Arbitration defined 2-2: Contractual arbitration and non-contractual arbitration; constitutional right to jury trial 2-3: Arbitration law summarized a: Post-dispute and pre-dispute agreements to arbitrate b: Enforcement of arbitration agreements c: Arbitration process d: Enforcement of arbitrator's decision or "award" B: Sources of contemporary American arbitration law 2-4: Federal law a: Pro-contract b: Court orders to arbitrate; specific performance of arbitration agreements c: Broad applicability 2-5: State law a: Arbitration law b: Non-arbitration law C: FAA preemption of state law 1: Evolution of case law on FAA preemption 2-6: Federal arbitration law as (non-preemptive) procedural law 2-7: Federal arbitration law as (preemptive) substantive law 2-8: FAA creates no federal jurisdiction 2: Preemption of state law impeding contract enforcement 2-9: Generally 2-10: State law prohibiting courts from enforcing arbitration agreements 2-11: State law prohibiting courts from enforcing arbitration agreements with the remedy of specific performance 2-12: State law making arbitration agreements unenforceable with respect to certain claims 2-13: State law making arbitration agreements in certain types of transactions unenforceable 2-14: State law raising the standard of assent for contract formation 3: Choice-of-law clauses 2-15: Introduction 2-16: Volt case 2-17: Mastrobuono case 4: Insurance arbitration 2-18: McCarran-Ferguson and the FAA D: Formation of enforceable arbitration agreements 1: Separability 2-19: Prima paint case 2-20: Buckeye case 2-21: Applications of separability 2: Formation 2-22: Mutual manifestations of assent a: Contract law's objective approach b: Recurring fact patterns 2-23: Consideration 3: Contract law defenses to enforcement 2-24: Defenses subject to separability doctrine 2-25: Unconscionability a: Generally b: FAA's constraint on the scope of the unconscionability doctrine c: Arbitration organizations' policing against unconscionability d: Public policy and child custody 2-26: Waiver of the right to arbitrate 4: Non-contract law defenses to enforcement: federal statutory claims and public policy 2-27: Toward universal arbitrability 2-28: Current in arbitrability a: Simple in arbitrability 1: Labor arbitration 2: Automobile dealers and military personnel b: Arbitrability with strings attached: the effectively vindicate doctrine E: Interpretation of arbitration agreements 1: Contractual arbitrability 2-29: Introduction 2-30: Generally decided by courts 2-31: Contractual and non-contractual approaches 2: Multi-party disputes 2-32: Claims by or against those not party to the arbitration agreement a: Party plaintiff vs non-party defendant b: Non-party plaintiff vs party defendant 2-33: Consolidation of, and stays pending, related proceedings 2-34: Class actions 3: Arbitration procedure 2-35: Overview 2-36: Pre-hearing a: Selection of arbitrator(s) 1: Methods of selection 2: Arbitrator fees 3: Judicial and regulatory constraints on party selection of arbitrator(s) b: Pleadings c: Filing fees (and un-administered arbitration) d: Discovery 2-37: Hearing a: General comparison with trial b: Role of lawyers c: Rules of evidence d: No hearing; dispositive motions e: Written awards; reasoned opinions 2-38: Remedies a: Determined by contract, within limitations 1: Generally determined by contract; the Mastrobuono case 2: Limitations on contract; the book case b: Typical contract terms c: Consequences of limiting remedies in arbitration 4: Governing substantive law, if any 2-39: Substantive law applied in arbitration F: Effect of arbitration award 1: Enforcement of arbitration award 2-40: Confirmation 2-41: Claim preclusion (res judicata) a: Generally applicable b: Labor exception 2-42: Issue preclusion (collateral estoppel) 2: Vacatur of arbitration award 2-43: Introduction a: Vacatur is rare b: Statutory and non-statutory grounds 2-44: Statutory grounds a: Corruption, fraud or undue means b: Evident partiality or corruption c: Fundamentally fair hearing d: Exceeded powers 2-45: Non-statutory grounds a: Error of law, including manifest disregard 1: Narrow ground for Vacatur 2: Recent expansion b: Public policy c: Grounds created by contract 2-46: Federal preemption of state law a: State grounds for Vacatur broader than federal b: State grounds for Vacatur narrower than federal G: International arbitration 2-47: Introduction: public law arbitration and commercial arbitration 2-48: New York convention a: Basic provisions b: Effect of United States ratification c: Significance 2-49: Practice of international commercial arbitration H: Employment arbitration and labor arbitration 2-50: Conventional distinction between "employment" and "labor" 2-51: FAA's exclusion of certain "contracts of employment" 2-52: Employment arbitration 2-53: Labor arbitration a: LMRA rather than FAA b: Practice of labor arbitration 1: Two peculiarities 2: Labor law and CBAs c: Few arbitrable claims 1: Law 2: Union, not employee, controls arbitration 3: Narrowly drafted arbitration clauses d: Interest arbitration I: Processes similar to arbitration 2-54: Private judging ("rent-a-judge") 2-55: Non-contractual, yet binding, arbitration a: Introduction b: Examples 1: Federal programs 2: Government employees-federal 3: Government employees-state and local 4: Railway Labor Act 5: State "lemon" laws 6: State auto insurance laws 7: Attorney fee disputes. 3: Negotiation A: Negotiation contexts 3-1: Dispute negotiation and transactional negotiation 3-2: Dispute negotiation and lawyers; settlement negotiation defined 3-3: Settlement negotiation and the shadow of the law 3-4: Bilateral monopoly of settlement negotiation B: Settlement/litigation choice 3-5: Valuing a case a: Introduction to case valuation b: Factors lawyers and clients should consider in valuing a case c: Timing of the settlement/litigation choice d: Risk aversion and diversification 1: Risk aversion 2: Diversification e: Expected value, BATNA and the bottom line f: Psychological barriers to valuing a case accurately 1: Availability bias 2: Anchoring bias 3: Egocentric biases 4: Overconfidence bias g: Valuation of criminal cases 3-6: Disagreements between lawyer and client about the settlement/litigation choice a: Generally b: Legal fees 1: Hourly billing 2: Contingency fees 3: Retainers and other fixed-fees (especially in criminal practice) 4: Legal fees paid through liability insurance c: Professional responsibility C: Negotiation theory 3-7: Zero-sum and positive-sum 3-8: Zero-sum (distributive) negotiation 3-9: Positive-sum (integrative) negotiation a: Example on the time value of money b: Importance of multiple issues 3-10: Positive-sum (integrative) negotiation is not always worthwhile, or even possible 3-11: Bottom lines and settlement zones a: Case valuations determine bottom lines which determine settlement zones b: Predictions about the results of litigation 1: Predictions that usually (but not always) result in a settlement zone 2: Predictions less likely to result in a settlement zone: cases of over-optimism c: Conclusion 3-12: Settlement zone does not ensure settlement (barriers to settlement) a: Ignorance of settlement zone's existence or boundaries b: Dividing the value created by settlement 3-13: Bottom lines and settlement zones in positive-sum (integrative) negotiation D: Approaches to negotiation 3-14: Terminology 1: Adversarial/competitive approach 3-15: Opening offers 3-16: Few and small concessions 3-17: False concessions 3-18: Concession tricks and escalation tactics 3-19: Deception and information 3-20: Misinformation about bottom lines and the strength of your case a: Generally b: Lying about one's bottom line c: Projecting confidence in one's case and lack of interest in settling d: Effect of misinformation about bottom lines 3-21: Psychological warfare a: Anger, threats, ridicule, accusation and intimidation b: Negotiate on your own turf c: Outnumber your counterparts d: Negotiate when you have time and your counterpart does not e: Lack of authority f: Locked into position g: Feign irrationality h: Wolf in sheep's clothing 3-22: Drawbacks of the adversarial/competitive approach 2: Cooperative approach and the prisoner's dilemma 3-23: Cooperative approach 3-24: Prisoner's dilemma and the importance of reputation a: Prisoner's dilemma b: Importance of reputation and the incentive to cooperate 3-25: Tactics for a cooperative lawyer with an adversarial/competitive counterpart 3: Problem-solving approach 3-26: Overview of problem-solving a: Positive-sum b: Coinciding interests (with a tax law example) c: Logrolling multiple issues d: Tactics listed 3-27: Interests, not positions 3-28: Communicating your side's interests 3-29: Variety of solutions 3-30: Drawbacks of the problem-solving approach 4: Gender, culture, race and ethnicity 3-31: Gender 3-32: Culture, race and ethnicity E: Preparing for negotiation 3-33: Introduction 3-34: Identifying your client's interests, bottom line and specific goals 3-35: Identifying other party's interests, bottom line and specific goals 3-36: Adjusting during negotiation a: Adjusting approaches during negotiation b: Adjusting your bottom line during negotiation 3-37: Specific preparations F: Law governing settlement 3-38: Criminal and tort law; "good faith" in negotiation 3-39: Sales law a: Legal effects of releases and settlement agreements 1: Releases 2: Settlement agreements b: Grounds for non-enforcement 1: Duress and unconscionability 2: Misrepresentation and mistake 3: Requirement of a writing 4: Public policy c: Entering judgment on settlement (consent decree) d: Plea agreements 3-40: Agency law 3-41: Multiple parties: indemnity, contribution and Mary Carter agreements 3-42: Confidentiality a: Generally b: Confidentiality agreements prior to or during litigation c: Rules of evidence and discovery d: Confidentiality clauses in settlement agreements G: Settlement/litigation choice: broader perspectives 3-43: Normative views on the prevalence of settlement 3-44: Resources 3-45: Dispute resolution vs public justice. 4: Mediation And Other Processes In Aid Of Negotiation A: Overview 4-1: Mediation's popularity 4-2: Mediation defined 4-3: Dispute mediation and transactional mediation 4-4: Mandatory mediation and voluntary mediation B: Goals of dispute mediation 4-5: Generally 4-6: Settle cases 4-7: Positive-sum or problem-solving 4-8: Moral growth C: Mediation process 4-9: Goals shape process 4-10: Mediation process generally a: Participants b: Starting to mediate c: Joint sessions, private caucuses and shuttle diplomacy d: Facilitating communication 1: Direct communication 2: Indirect communication e: Settlement offers f: Agreements 4-11: Identifying settlement zones and overcoming barriers to settlement 4-12: Positive-sum a: In general b: Coinciding interests c: Logrolling multiple issues d: Trusted intermediary combining information 4-13: Evaluation by the mediator a: Appeal of evaluation b: Concerns about evaluation 1: Interests vs rights 2: Is "evaluative mediation" an oxymoron? …"

Philosophical foundations of contract law /

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User interactive service provisioning framework for enhancing citizens’ adoption of mobile enabled government services in Tanzania حسب Goyayi, Maria Lauda Joel

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