The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. Casting over this list one is again struck by the wealth of established expertise brought together in the Encyclopedia. Single-handedly, Smits has reviewed and checked this immense work to bring it to its final high standard in quality and accuracy and selection of laws. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. The term captures a multitude of instruments such as recommen dations, guidelines, notices or communications that are not legally binding, but produce important legal and practical effects. In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs.
How do the principles of effectiveness, effective judicial protection and the right to an effective remedy apply in conjunction or next to the related legislative provisions? The knowledge generated within SoLaR will be freely accessible during and after the completion of the project, and the platforms are intended to remain in place to encourage further research. The papers have since been revised and updated and focus on the growing impact of European law on the core elements of member states' administrative law, and especially on their different conception of procedure. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. Category: Law Author : J. This single-volume work provides an excellent comprehensive overview of the current state of affairs in comparative law. This is a very important book that should be sitting in every university law school library.
The other articles look at the procedures that exist in different member states and how a change in procedure could possibly undermine national law and procedure, without replacing it with anything substantial. As of today, European law influences virtually all areas of substantive administrative law, administrative organisation, decision-making proceedings and judicial protection. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. As of today, European law influences virtually all areas of substantive administrative law, administrative organisation, decision-making proceedings and judicial protection. Furthermore, the procedures through which soft law instruments are issued allegedly lack legitimacy safeguards. However, the relationship between European integration and the tradition of domestic consensus politics remains unclear. It evaluates the achievements and shortcomings of the growing literature.
The thesis was awarded a special distinction by the European Public Law Group. The SoLaR will start its activities with an opening event. This work is highly recommended. Finally, the impact of the modifications made by the Lisbon Treaty to the annulment procedure is assessed. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. All in all, a substantial work which will delight enthusiasts of comparative law. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations.
The creation of a website and a blog, together with the database, and the Working Papers Series, as well as the teaching and training activities, serve as indicators of achievement and of the commitment with which the SoLaR strives to ensure relevance and visibility of its results vis-á-vis political and societal stakeholders. The academic added value of SoLaR lies in the fact that no systematic and comparative research has ever been undertaken on the use of soft law before national administrations and courts. Stuart Hannabuss, Reference Reviews The Elgar Encyclopedia of Comparative Law looks set to become an indispensable source for the ever increasing body of lawyers needing accurate information on the structure and working of foreign systems as well as on points of a substantive law. As of today, European law influences virtually all areas of substantive administrative law, administrative organization, decision-making proceedings, and judicial protection. Both to decrease the complexity in the design of legislation and to preserve the ideal of the rule of law, the courts now are more likely to rule laws unconstitutional. The Criminal Lawyer This is a very important and immense book.
The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law such as administrative law and criminal law and specific topics such as accident compensation and consideration. This is followed by four workshops where the results of the investigation in each of the selected policy fields will be compared and discussed. The similarities and differences between the legal systems are highlighted. Despite the European Court of Justice's repeated intervention into national procedural rules, research has shown that a process of change towards an increasing similarity of the national procedural systems has not occurred.
The Commonwealth Lawyer The breadth of topics plus the bibliographies allows a reader to use the Elgar Encyclopedia as an initial entry into a field of law, a specific topic, or a legal system. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. Presenting a bridge between the revitalized realist and legalist debate, Europeanization of Judicial Review will contribute to socio-legal theory, literature on comparative courts, and both new institutionalism and Europeanization theory. Since 2015 she is Associate Professor in the same department and carries out research on the enforcement of European law before national and European courts, with a special focus on shared administration, environmental law and the new modes of governance. This impact is particularly striking in relation to administrative law, because, as a part of public law, administrative law had long been deemed an area of monopoly of the State and a clear outgrowth of the State sovereign powers that precluded interference from any other jurisdiction.
By creating links between scholars from different jurisdictions and disciplines the SoLaR enables an investigation into a topic which is too broad to be examined by a single individual, and requires a wide array of linguistic and legal knowledge. Amongst those areas, this book focuses on the influence of the European Court of Justice s case law on five selected aspects of the Italian, German and English rules on the judicial review of administrative action. This impact is particularly striking in relation to administrative law, because, as a part of public law, administrative law had long been deemed an area of monopoly of the State and a clear outgrowth of the State's sovereign powers that precluded interference from any other jurisdiction. Mariolina Eliantonio is Associate Professor of European Administrative Law at the Law Faculty of Maastricht University. This impact is particularly striking in relation to administrative law, because, as a part of public law, administrative law had long been deemed an area of monopoly of the State and a clear outgrowth of the State sovereign powers that precluded interference from any other jurisdiction.