Note: Prologue , The place of the EU Charter within the tradition of fundamental and human rights , Closing the gaps in the protection of fundamental rights in Europe : accession of the EU to the ECHR , Problems and challenges of the EU's accession to the ECHR : empirical findings with a view to the future , The EU human rights regime post Lisbon : turning the CJEU into a human rights court? , European judicial dialogue and the protection of fundamental rights in the new digital environment : an attempt at emancipation and reconciliation : the case of freedom of speech , Migration and human rights : the European approach , Who has the right to have rights? : the judgments of the CJEU and the ECtHR as building blocks for a European "ius commune" in asylum law , More is less? : multiple protection of human rights in Europe and the risks of erosion of human rights standards , In extending human rights, which European court is substantively "braver" and procedurally "fitter?" : the example of sexual orientation and gender identity discrimination , Access to justice in the recent Grand Chamber judgments of the European Court of Human rights , Fundamental rights and judicial cooperation in the decisions of the Court of Justice on the Brussels I Regulation 2009-2014 : the story so far

Note: Includes bibliographical references and index

Note: Includes bibliographical references and index

Note: Literaturangaben , Includes bibliographical references and index

Note: Hier auch später erschienene, unveränderte Nachdrucke , The pluralism of human rights adjudication , Necessity and proportionality : towards a balanced approach , Proportionality without balancing : why judicial ad hoc balancing is unnecessary and potentially detrimental to the realisation of individual and collective self-determination , Proportionality in United States constitutional law , "To the serious detriment of the public" : secret evidence and closed material procedures , National security law and the creep of secrecy : a transatlantic tale , Navigating the shoals of secrecy : a comparative analysis of the use of secret evidence and "cleared counsel" in the United States, the United Kingdom, and Canada , The secret keepers : judges, security detentions, and secret evidence , The intersection of religious autonomy and religious symbols : setting the stage , Principles and compromises : religious freedom in a time of transition , State interference in the internal affairs of religious institutions , The protection of religious freedom in Australia : a comparative assessment of autonomy and symbols , The emergence and enforcement of socio-economic rights , The problematic of social rights : uniformity and diversity in the development of social rights review , A South African perspective on the judicial development of socio-economic rights , Judicial activism and the Indian Supreme Court : lessons for economic and social rights adjudication , American exceptionalism over social rights

Note: Global poverty and the politics of good intentions , Human rights and development : a fragmented discourse , Rights and development : a social power perspective , Is a new 'TREMF' human rights paradigm emerging? Evidence from Nigeria , The transformation of Africa : a critique of rights in transitional justice , Marks indicating conditions of origin in rights-based sustainable development , Rethinking the convergence of human rights and labour rights in international law : depoliticisation and excess , Measuring the world : indicators, human rights and global governance , Governing by measuring : the millenium development goals in global governance , Reparations and development , Making history or making peace : when prosecutions should give way to truth commissions and peace negotiations , Transitional justice as global project : critical reflections , Holding up a mirror to the process of transition? The coercive sterilisation of Romani women in the Czech Republic post-1991 , Symptoms of sovereignty? Apologies, indigenous rights and reconciliation in Australia and Canada , Working through 'bitter experiences' towards a purified European identity? A critique of the disregard for history in European constitutional theory and practice , The trials of history : losing justice in the monstrous and the banal , Sociological jurisprudence 2.0 : updating law's inter-disciplinarity in a global context , Epilogue:Progressive law versus the critique of law & development : strategies of double agency revisited

Note: The globalisation of critical discourses on law : thoughts on David Trubek's contribution , New governance and the European Union : an empirical and conceptual critique , Critical theory and institutional design : David Trubek's path to new governance , A crisis and its afterlife : some reflections on 'scholars in self-estrangement' , Political economy and economic law in Brazil : from import substitution to the challenges of new state activism , Law and the political economy of the world , Knowledge in development, law and regulation, or how are we to distinguish between the economic and the non-economic? , Making bricks without straw : the creation of a transnational labour regime , From Chile to Vietnam : international labour law and workers' rights in international trade , Globalisation and the middle class , Fragmented work and multi-level labour market governance : informality, crisis policy and an expanded 'law of work' , The trouble with identity and progressive origins in defending labour law , 'Reflexive contract governance in the EU' : David Trubek's contribution to a more focused approach to EU contract legislation , A crisis of executive managerialism in the EU : no alternative? , Muslims in Europe : population flows, cultural clash, human rights , Re-judging social rights in the European Union , Social, economic and cultural rights and economic development : limiting or reinforcing the market? , Lost in translation : on the failed encounter between Bourdieu and law and society scholarship and their respective blindnesses , BRICS and politics of reforming global governance : the case of investment arbitration , Corporate lawyers as an infant industry? : legal market access and development policy , Where the action is : globalisation, law and development, the sociology of the legal profession, and the 'GLEE-full' career of Dave Trubek

Note: Introduction , Norm-claims, validity and self-reference , The great puzzle : Kelsen's basic norm , The basic norm revisited , The efficacy of constitutional norms , The realist Hans Kelsen , Wiener realism , Kelsen and Hägerström : clearing up misunderstandings and mapping out the common ground , A "realistic" theory of law and the pure theory of law : remarks on Alf Ross's On law and justice , Kelsen on the completeness and consistency of law , The alternative character of the legal norm : Kelsen as a defeasibilist? , In canonical form : Kelsen's doctrine of the "complete" legal norm

Note: Introduction.Judging Europe's judges , The Court's outer and inner selves : exploring the external and internal legitimacy of the European Court of Justice , Adjudication by reference to general principles of EU law : a second look at the Mangold case law , The Court's case law on the internal market : 'a circumloquacious statement of the result, rather than a reason for arriving at it'? , The legitimacy of free movement case law : process and substance , The bubble that burst : exploring the legitimacy of the case law on the free movement of Union citizens , Towards 'real' citizenship? : The judicial construction of Union citizenship and its limits , Placing the European Union in international context : legitimacy of the case law , Of feasibility and silent elephants : the legitimacy of the Court of Justice through the eyes of national courts , Epilogue.Judging the judges : apology and critique

Note: Includes bibliographical references and index

Note: Includes bibliographical references (p. [287] - 323) and index

Note: Australia , Austria , France and Belgium , England and Wales , An English Practitioner's View on Pre-Nuptial, Post-Nuptial and Separation Agreements , The Law Commission's Consultation on Marital Property Agreements , Germany , Ireland , The Netherlands , New Zealand , Scotland , Singapore , Spain , Sweden , United States , Marital Agreements and Private Autonomy in Comparative Perspective

Note: Includes bibliographical references and index

Note: Enth. 18 Beitr

Note: Hier auch später erschienene, unveränderte Nachdrucke

Note: Prohibition of abuse of (European) law : the creation of a new general principle of EC Law through tax : a response , What is a general principle of EU law? , What is a general principle of EU law? : a response , The abuse of rights in the civil law tradition , Fitting "abuse of rights" into EU law governing the free movement of goods and services , Free movement of broadcasting services and abuse of law , Notion of abuse and the freedom to provide services : a labour lawyer's perspective , Sparking regulatory competition in European company law : the impact of the Centros line of case law and its concept of "abuse of law" , Sparking regulatory competition in European company law : a reponse , Abuse of law in the context of European insolvency law , Abuse of European insolvency law : a discussion , Abuse of rights in EU law : some reflections with particular reference to financial law , Comments on abuse of rights in EU law , Emsland-Stärke abuse of law test in the law of agriculture and free movement of goods , Notion of and a general test for abuse of rights : some normative reflections , Abuse of law in EU private law : a (re-)construction from fragments , Comments on "abuse of law" in EU private law , Rejection of abuse in international civil procedure , The discreet influence of abuse of law in international civil procedure , "Prohibition of abuse of law" : a new general principle of EU law , "Abuse of law" in the context of the free movement of workers , Comments on abuse of law and the free movement of workers , Citizenship of the Union : above abuse? , Some comments on the idea of a general principle of Union law prohibiting abuses of law in the field of free movement for Union citizens , Anatomy of tax avoidance counteraction : abuse of law in a tax context at member state and European Union level , Abuse of law in the context of indirect taxation : from (before) Emsland-Stärke 1 to Halifax (and beyond) , Abuse of law in the context of indirect taxation : why we need the subjective intention test, when is combating abuse an obligation and other comments , Cadbury Schweppes and abuse from an EU tax law perspective , Cadbury Schweppes and abuse : comments , Cadbury Schweppes' line of case law from the member states' perspective , Cadbury Schweppes : breach, abuse justification and why they are different , Single principle of abuse in European Union law : a methodological approach to rejecting a different concept of abuse in personal taxation , Is there a role for a European principle prohibiting abuse of law in the field of personal taxation? : a comment , State aid, taxation and abuse of law , Comments on state aid, taxation, and abuse of law

Note: Introducing, defining and balancing 'autonomy versus paternalism' , Mandatory contract law : functions and principles in light of the proposal for a directive on consumer rights , Role of information deficiencies in contract enforcement , Consumer bankruptcy : a third way between autonomy and paternalism in privacy law , Regulating consumer demand in insurance markets , Contracts and capabilities : an evolutionary perspective on the autonomy-paternalism debate , Autonomy and paternalism from a common law perspective : setting aside disadvantageous transactions , Informing consumers about themselves , Forms of imposed protection in legal history, especially in Roman Law

Note: Text in English and French

Note: Includes bibliographical references and index