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The Convergence of the Fundamental Rights Protection in Europe (Hardcover, 1st ed. 2016) Loot Price: R3,928
Discovery Miles 39 280
The Convergence of the Fundamental Rights Protection in Europe (Hardcover, 1st ed. 2016): Rainer Arnold

The Convergence of the Fundamental Rights Protection in Europe (Hardcover, 1st ed. 2016)

Rainer Arnold

Series: Ius Gentium: Comparative Perspectives on Law and Justice, 52

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Loot Price R3,928 Discovery Miles 39 280 | Repayment Terms: R368 pm x 12*

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The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the "new democracies" Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.

General

Imprint: Springer
Country of origin: Netherlands
Series: Ius Gentium: Comparative Perspectives on Law and Justice, 52
Release date: October 2016
First published: 2016
Editors: Rainer Arnold
Dimensions: 235 x 155 x 16mm (L x W x T)
Format: Hardcover
Pages: 235
Edition: 1st ed. 2016
ISBN-13: 978-9401774635
Categories: Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > General
LSN: 9401774633
Barcode: 9789401774635

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