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Books > Law > General
Traditionally, courts adjudicate fundamental rights cases by
applying substantive tests of reasonableness or proportionality.
Increasingly, however, European courts are also expressly taking
account of the quality of the procedure that has led up to a
fundamental rights interference. Yet this procedural review is far
from uncontroversial. There still is a lack of clarity as to what
'procedural review' really means, what its potential for judicial
decision-making is, how it relates and should relate to substantive
review, and what its limitations are. Featuring contributions from
experts in the field, this book is the first in-depth study into
procedural review, considering the theoretical and conceptual
issues at play, as well as the applicability of procedural review
in different legal systems. It will therefore be of great
importance to scholars and practitioners interested in fundamental
rights adjudication in Europe, judicial reasoning and procedural
justice.
The book addresses the most pertinent theoretical and practical
issues affecting the broad topic of harmonisation in the fields of
environmental and energy law in a comprehensive and critical
manner. In this respect, it constitutes a timely and meaningful
contribution to the ongoing debate on the conceptual underpinnings,
legal techniques and sector-specific problems concerned, while
enriching the debate and promoting a more enhanced, coordinated
regime to tackle environmental and energy issues in the European
Union. Environmental legislation is often incoherent and
fragmented, creating hurdles to its effective application.
Consequently, rule makers need to resort to harmonisation, which is
seen as referring to a number of techniques and instruments that
all aim to clarify rules and establish a more coherent and solid
legal framework. The book examines the merits of this approach
within the context of the European Green Deal and the increasing
urgency of the environmental and climate crisis, as well as the
obstacles encountered and the questions arising from these complex
processes. By bringing together more than fifteen renowned experts
in the fields of European environmental and energy law, this book
aims to dissect the most critical aspects of and obstacles in the
process of strengthening coordination and, ultimately,
effectiveness of the existing legal regimes in the field of
environmental and energy law in the European Union while sparking
further research in the field. Harmonisation in EU Environmental
and Energy Law is highly recommended reading for legal scholars
specialising in European environmental and energy law, as well as
practitioners working in these fields.
Religious dimension of contemporary conflicts and the rise of
faith-based movements worldwide require policymakers to identify
the channels through which religious leaders can play a
constructive role. While religious fundamentalisms are in the news
every day, we do not hear about the potential and actual role of
religious actors in creating a peaceful and just society.
Countering this trend, Sandal draws attention to how religious
actors helped prepare the ground for stabilizing political
initiatives, ranging from abolition of apartheid (South Africa), to
the signing of the Lome Peace Agreement (Sierra Leone). Taking
Northern Ireland as a basis and using declarations and speeches of
more than forty years, this book builds a new perspective that
recognizes the religious actors' agency, showing how religious
actors can have an impact on public opinion and policymaking in
today's world.
Very different systems for corporations have always existed in
Europe. These differences relate not only to the management
structure of the corporations, with single or dual systems for
management bodies, but also to the principles of permanent capital:
Fixed capital is foreign to English and Irish law, and must be
incorporated into the legal systems (only) for the corporation on
the basis of the 2nd EU Capital Directive of 1976. No one ever made
friends in these countries in doing so. Therefore, the British
Department of Trade initiated and supported an investigation by a
workgroup under the leadership of Jonathan Rickford some years ago
regarding the benefits of this system. The report from this
workgroup was published in the year 2004 (European Business Law
Review [2004] 919). It came to the conclusion that the system of
permanent capital is expensive and redundant; it therefore
recommended the cancellation of the 2nd Directive. The British
government aligned itself with this approach and pressed the
European Commission for an appropriate initiative. Before this
background, a group of German scholars and practitioners of
corporate law converged in order to investigate the sense and
benefits of permanent capital and its individual elements quite
broadly. Aside from a summary of the results, a total of 15
individual investigations of aspects of capital in Germany and
their relationships to adjacent legal areas (accounting and
insolvency, for example) are in the present volume, with 7 reports
on foreign permanent capital (France, Great Britain, Italy, the
Netherlands, Poland, Spain in the USA), each under the same
questions such as the discourses on German law. The investigation
seeks to convince the European Commission of the benefits of the
2nd Directive.
Understanding of Company Law, which governs the corporate sector,
is of paramount importance not only to the students of business but
also for the working managers. This book has been prepared with a
conscious effort to meet in full measure the requirements of all of
them.The book offers a working account of appropriate business laws
and in-depth analysis of the subject. A good range and variety of
examples illustrate the subject matter. The emphasis, all through,
is on clarity and the way company law operates on a day-to-day
basis for business.In order to enable the readers know their
progress in understanding the subject, a number of exercises are
included under the heading 'Check Your Progress'. The following
matter has been provided through appendices: Company Law in a
computerized environment (E-governance and E-filing); and Corporate
governance.The book in its present format will prove more useful to
students and others.
Forty years ago, managerialism dominated corporate governance. In
both theory and practice, a team of senior managers ran the
corporation with little or no interference from other stakeholders.
Shareholders were essentially powerless and typically quiescent.
Boards of directors were little more than rubber stamps.
Today, the corporate governance landscape looks vastly different.
The fall-out from the post-Enron scandal and implementation of the
Sarbanes-Oxley Act have resulted in shareholder activism becoming
more widespread, while many observers call for even greater
empowerment. The notion that the board of directors is a mere pawn
of top management is increasingly invalid, and as a result, modern
boards of directors typically are smaller than their antecedents,
meet more often, are more independent from management, own more
stock, and have better access to information.
The New Corporate Governance in Theory and Practice offers an
interdisciplinary analysis of the emerging board-centered system of
corporate governance. It draws on doctrinal legal analysis,
behavioral economic insights into how individuals and groups make
decisions, the work of new institutional economics on
organizational structure, and management studies of corporate
governance. Using those tools, Stephen Bainbridge traces the
process by which this new corporate governance system emerged, and
explores whether such changes are desirable or effective.
Tuimel jou hart nog nadat Marita van der Vyver jou met haar boek
Die hart van ons huis aan haar lewe in Provence bekend gestel het?
Hou dan asem op, want met Franse briewe nooi sy lesers nog 'n keer
oor haar drumpel. Wat het verander in die Provenkaalse kliphuis met
sy persblou hortjies, pienk rose, laventel voor die kombuisvenster
en die enorme ou plataanboom langs die hek? Wat het dieselfde
gebly? Ja, Marita, haar Franse man, Alain, en die vier kinders woon
steeds in Kerkstraat – Rue de l'eglise – van 'n Middeleeuse dorpie.
Dis ook somer in Provence – en soos elke somer word al die
poskaartprentjies oornag lewend. Lappe laventel so pers dat dit lyk
asof derduisende botteltjies kristalviolet per ongeluk uit 'n
vragvliegtuig geval het. Goudgeel sonneblomme net waar jy kyk, asof
jy pens en pootjies binne-in 'n Van Gogh-skildery beland het. Maar
help! Terselfdertyd het 'n bende misdadigers op Marita se
Provenkaalse dorpie toegesak! Haar motor word nie net gesteel nie,
maar onherstelbaar verniel. En moleste met motors is maar een van
die, noem dit maar "interessante", aspekte van haar idilliese
bestaan. Daar is ook nog huismoleste, kultuurskokke, ouderdom en
ander meer tipies Franse vliee in die salf soos skoolgaan in
Frankryk.
Ryna van Rensburg vlug weg van haar verlede na Meeuland, 'n eiland
aan die Weskus. Daar is dit Attie Langhans wat haar weer soos 'n
vrou laat voel – al lyk hy op die oog af maar stuurs. En gou blyk
dit dat die eiland se lief en leed nie los staan van die dorpslewe
op die vasteland nie. Waar ontrou en menslikheid, geldgierigheid en
goedheid deureengevleg is in 'n vertelling van twee gemeenskappe,
wit en bruin. Twee verhale wat uiteindelik hand aan hand loop.
The UK is going through a period of unprecedented constitutional
change. There is much unfinished business, and further changes
still to come. Where are these changes taking us? In this book,
leading political scientists and lawyers forecast the impact of
these changes on the UK's key institutions and the constitution as
a whole.
Gathered here for the first time, a set of Bosman's early writings,
ranging from the humorous squibs he wrote as a 16-year-old
schoolboy for 'The Sunday Times' through to his provocative,
experimental short pieces of the 1930s.
The exercise of public power by the military in civilian Western
democracies such as Australia and the United States demonstrates a
tendency toward failure in responsibility for moral behavior.
Pauline Collins argues that a different system of military criminal
investigation and discipline outside the civilian justice system
enables the military to operate like a coterie and can lead to a
failure in the requisite moral standard of behavior required of
military personnel and maintaining civilian institutional control.
Collins argues that the justifications for separate treatment of
weakens both the military standing and the practice of civilian
control of the military as well as leading to an overall decline in
morality and values in a democratic society.
Since the economic crisis unfolded in 2008, the European Union
economic governance framework has been profoundly transformed from
a legal perspective. The EU has adopted new tools, institutions and
rules to tackle the changes and is arguably better prepared to
combat any future crises. This book analyses the basic legal
framework of EU economic governance and considers the economic
underpinnings which underlie legal institutions in this area. It
uses analytical dialectics as a method of analysis and the paradigm
of 'law as credibility' as the main model through which the
substantive parts of EU economic governance are accounted for.
Important issues such as access, exit and expulsion from the euro,
the independence of the European Central Bank, the Stability and
Growth Pact, bail-outs to member states, and the EU's economic
strategy are addressed in a clear, critical and innovative way.
“Ek sweer by jou Yoruba, dat jy eendag weer 'n waardige plek in ons
huis sal he!” So belowe Theuns Meyer die houtmasker – wat volgens
stamtradisie net deur welvarende mense besit mag word – toe hy dit
na sy pa se vonnis uit hul bankrotboedel red. Maar op Sandbaai waar
hulle tydelik in hul oom se vakansiehuisie intrek, en sy ma probeer
om met naaldwerk kop bo water te hou, word die moontlikheid al meer
onwaarskynlik. Theuns was kaptein van hul skool se
onderwaterhokkiespan en 'n ervare duiker. Nou kan hy hoogstens gaan
duik om van sy woede en frustrasie ontslae te raak. Totdat hy vir
Ras Payne op die strand raakloop – 'n perlemoenstroper met etiek –
soos hy homself beskryf. Ras trek hom geleidelik in by sy
bedrywighede totdat Theuns besef dat die see se skulpgoud die
enigste weg uit hul gemors is. Theuns en Ras vind op 'n vreemde
manier by mekaar aanklank in hierdie wereld van agterdog en leuens.
En elke keer dat hy sy deel in Yoruba se hol houtgesig bere, weet
hy dat daar nie omdraai is nie.
Danny Rothbart is good-looking, bright, popular teenager living in
Yeoville , Johannesburg, in the seventies. It seems he has the
world at his feet - except for one little problem. He's having
trouble losing his virginity, and the shame of the situation
threatens his world. Unable to talk to his old-fashioned parents,
Danny seeks guidance from the one adult in his life he can trust:
charismatic, politically liberal Uncle Harold. But the suave,
worldly Uncle Harold has another agenda. He is a serial child
molester, and soon he draws Danny into a sickeningly manipulative
abusive relationship.
The recognition of judgments lies at the heart of all litigation:
without it judgments are meaningless and litigation becomes a dog
with neither bite nor bark. The title has both a Southern African
and international flavour, which is wholly appropriate, given the
increase in both local and international trade since 1994. This
increase in trade brings with it increased litigation, locally and
internationally, making this book a necessary addition to any
practicing lawyer's library - especially those who consider
themselves to be 'commercial lawyers'. The references to local
statutes, international conventions and treaties as well as
authorities with which the title abounds are of immeasurable
assistance to the lawyer involved in the complex and intricate
field of private international law.
Die Ekonomiese en Bedryfswoordeboek bestryk die terrein van sowel
die makro- en mikro-ekonomie as die bedryfslewe. Dit bevat die
belangrikste en mees gebruikte terme van die bedryfsekonomie in al
sy onderdele, soos bemarking, produksie, finansiering en
kosteberekening, asook die belangrikste en mees gebruikte tegniese
en vakterme uit die mielie- en veebedryf, goudmynbou, die bou- en
staalbedryf, die tekstielbedryf en ander bedryfstakke uit die
nywerheid. Die versekeringswese en die groot- en kleinhandel uit
die dienstesektor word ook gedek. Daarby is 'n verskeidenheid terme
uit verwante vakgebiede ingesluit, soos vakwoorde uit die wiskunde,
die statistiek, die handelsreg en die rekenaarkunde.Bylaes met
afkortings, sinoniemgroepe en 'n waardevolle gids tot die gebruik
van Afrikaanse en Engelse terme verhoog die waarde van die
woordeboek. Since the publication of the first edition of the
Economics Dictionary in 1976 many developments have resulted in the
observation that this work required thorough revision. Several of
the Afrikaans terms showed little viability, many terms were
missing from both the English and Afrikaans texts, strong growth in
the economic literature and that of related sciences, together with
developments in the business world, called for Afrikaans terms,
while the publication of a number of Afrikaans texts offered a
valuable source of new terminology. This major new dictionary is a
thoroughly revised and greatly enlarged edition of the Economics
Dictionary of 1976. With English as source language the number of
headwords more than doubled - from 40 000 to nearly 100 000.
'I, the poet William Yeats, | With old mill boards and sea-green
slates, | And smithy work from the Gort forge, | Restored this
tower for my wife George; | And may these characters remain | When
all is ruin once again.' With this lovely six-line poem, W. B.
Yeats dedicated the renovation of Thoor Ballylee to his wife. But
the poem's truth conceals another, and different truth - that they
worked together at the restoration, and it was largely her vision
and hands that created a dwelling from the former ruins. Just how
symbolic this is, of the close but largely hidden collaboration
between them, is revealed by this deeply-researched life of George
Yeats - the first full-scale biography of a woman of remarkable
gifts and generous self-concealment. Raised in the decades before
the First War, in London literary salons where the arts and occult
met, Georgie Hyde Lees became an art student, accomplished
linguist, and serious scholar of medieval arcana, anthroposophy,
and astrology. She was a lifelong friend of Ezra Pound and his wife
Dorothy Shakespear, in whose social circle Yeats also moved; he
sponsored her initiation to the Order of the Golden Dawn. In 1917
they married (she was 25, he 52), and on their honeymoon Georgie
began the automatic writing which formed the substance of A Vision,
and from which sprang the ideas that occupied Yeats for the rest of
his life. Her 'extrasensory' perceptions fed his poetic imagery as
her practicality and warmth supplied the environment for his
writing. As with the restoration of Ballylee, they were intimate
collaborators - but her instinct was always for self-effacement.
Though valued by numerous writer-friends (among them Lennox
Robinson, Thomas McGreevy, and Frank O'Connor) as a perceptive
critic - and known to have written two plays and a novel, which she
suppressed - she deliberately hid her talents from public view. Her
choice was to appear as Yeats's wife, helpmeet, and secretary, the
mother of his children - and for thirty years after his death the
tireless overseer of his literary legacy and a knowledgeable
adviser to generations of younger critics and writers. For the
first time, this intelligent and creative woman is allowed to take
centre stage. Drawing on memoirs and a wealth of unknown and
unpublished sources, this biography by the distinguished scholar
Ann Saddlemyer reveals someone much more significant than just 'Mrs
W. B. Yeats' - a personality at once visionary and practical, and
an important figure in twentieth-century literary history.
A lot has happened to the UK Constitution in the last seven years.
We've witnessed the UK's exit from the EU, further devolution to
Scotland and Wales, a number of prominent cases by the Supreme
Court, two early parliamentary general elections, major
governmental defeats and two Prime Ministerial resignations. Alison
Young has built on the text of Colin Turpin and Adam Tomkins'
earlier edition, keeping their unique historical and contextual
approach, whilst bringing the material up to date with more
contemporary examples, including references to Brexit, the recent
prorogation and Brexit case law, and the Covid-19 pandemic. The
book continues to include substantial extracts from parliamentary
and other political sources as well as from legislation and case
law. It also provides a full yet accessible account of the British
constitution at the culmination of a series of dramatic events, on
the threshold of possible further constitutional reform.
Henry is ietwat aan die lywige kant, daarom dat van die ander ouens
in Graad 9 hom spottenderwys Koning Henry noem. Hy voel vere vir
rugby en krieket - tot sy pa se ewige misnoee. Maar rekenaars is 'n
ander saak! Op daardie gebied stof hy al sy skoolmaats uit. Een van
Henry se lekkerste tydverdrywe is om laatnag van die een chat room
na die volgende te surf op die Internet, op soek na iemand by wie
hy aanklank vind. Een aand glimlag die geluksgodin vir hom: nie
alleen maak die geheimsinnige Wolf weer sy verskyning nie, maar
daar is ook 'n nuwe ou wat Henry se taal praat.
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