Browsing EJLS - European Journal of Legal Studies Articles by Title

Now showing items 134-153 of 346

Title:Faces of Judicial Anger: Answering the Call Author(s):BELLEAU, Marie-Claire; JOHNSON, Rebecca; BOUCHARD, ValérieDate:2007Citation:European Journal of Legal Studies, 2007, 1, 2Type:ArticleAbstract:Le droit est raison et il s’oppose aux émotions : il ne peut être justement rendu s’il a succombé à la passion. Cette lecture classique des relations entre droit, émotions et justice n’est pas si certaine. L’émotion est ...
Title:Farm animal welfare under scrutiny : issues unsolved by the EU legislator Author(s):LEONE, LucaDate:2020Citation:European journal of legal studies, 2020, Vol. 12, No. 1, pp. 47-84Type:ArticleAbstract:In the European Union (EU) innovation society, animal welfare has reached its normative status, together with the increased ethical concerns of citizens and civil society in relation to animal welfare and dignity. However, ...
Title:Federico Fabbrini, Ernst Hirsch Ballin and Han Somsen (eds,) What form of government for the European Union and for the Eurozone? (Hart Publishing 2015) Author(s):PETTI, Alessandro Date:2017Citation:European journal of legal studies, 2017, Vol. 9, No. 2, pp. 259-268Type:Article
Title:The financial distress of individual debtors : points for a 'de jure condendo' reflection from a comparative perspective Author(s):KUTUFÀ, IlariaDate:2018Citation:European journal of legal studies, 2018, Vol. 11, No. 1, pp. 67-96Type:ArticleAbstract:The article deals with the issue of over-indebtedness, which is perceived – depending on the regulatory model adopted – either as a social problem or as a market failure. In this context, it is possible to distinguish ...
Title:Floris de Witte, Justice in the EU : the emergence of transnational solidarity (OUP 2015) Author(s):POULOU, AnastasiaDate:2017Citation:European journal of legal studies, 2017, Vol. 9, No. 2, pp. 241-250Type:Article
Title:For they have sown non-domination… : towards a republican account of self-determination Author(s):ROCHEL, JohanDate:2020Citation:European journal of legal studies, 2020, Vol. 12, No. 2, pp. 359-394Type:ArticleAbstract:The general objective of this article is to reconstruct the principle of selfdetermination from a republican perspective. Based on a definition of freedom as non-domination, this republican conception offers a consistent ...
Title:Foreign precedents in judicial argument : a theoretical account Author(s):BERTEA, Stefano; SARRA, ClaudioDate:2014Citation:European Journal of Legal Studies, 2014, Vol. 7, No. 2, pp. 140-179Type:ArticleAbstract:Recourse to precedents in legal adjudication is a source of intriguing theoretical challenges and serious practical difficulties. That is especially so when we have to do not with domestic precedents but with foreign ones, ...
Title:Fragmentation and constitutionalisation of international law : a theoretical inquiry Author(s):DEPLANO, RossanaDate:2013Citation:European Journal of Legal Studies, 2013, Vol. 6, No. 1, pp. 67-89Type:ArticleAbstract:A growing body of interdisciplinary scholarship addresses the issue of global constitutionalism. Scholarly contributions analyse the allocation of power within rule-systems of international law, how it affects subsequent ...
Title:Fragmentation and inter-judicial dialogue : the CJEU and the ICJ at the interface Author(s):KASSOTI, EvaDate:2015Citation:European journal of legal studies, 2015, Vol. 8, No. 2, pp. 21-49Type:ArticleAbstract:This contribution explores the question whether the CJEU has promoted or, conversely, weakened the coherence of the international legal system through its practice within the broader context of the fragmentation debate. ...
Title:The framework for the social accountability of central banks : the growing relevance of the soft law in central banking Author(s):VILLARD DURAN, CamilaDate:2015Citation:European journal of legal studies, 2015, Vol. 8, No. 2, pp. 97-125Type:ArticleAbstract:Central banks are not traditionally thought of as being socially accountable. In fact, the main innovation of central banks in the 20th century was to make them largely independent from political influence. Thus, the ...
Title:Freedom of panorama : the EU experience Author(s):SHTEFAN, AnnaDate:2019Citation:European journal of legal studies, 2019, Vol. 11, No. 2 , pp. 13-27Type:ArticleAbstract:Freedom of panorama allows creating and using images of works which are permanently located in public places without the consent of the author. There is no common approach to freedom of panorama, a copyright exception, ...
Title:Freedom to conduct business in EU law : freedom from interference or freedom from domination? Author(s):GILL-PEDRO, EduardoDate:2017Citation:European journal of legal studies, 2017, Vol. 9, No. 2, pp. 103-134Type:ArticleAbstract:What understanding of freedom does the EU freedom to conduct business protect? This article distinguishes between two understandings of freedom – freedom as non-interference and freedom as non-domination, and argues that ...
Title:From constitutional freedoms to the power of the platforms : protecting fundamental rights online in the algorithmic society Author(s):DE GREGORIO, GiovanniDate:2019Citation:European journal of legal studies, 2019, Vol. 11, No. 2, pp. 65-103Type:ArticleAbstract:The rise of the algorithmic society has led to a paradigmatic shift where constitutional liberties granted to online platforms have turned into newfound powers. This situation is not only the result of new technological ...
Title:From transcultural rights to transcultural virtues : between western and Islamic ethics Author(s):MANGINI, MicheleDate:2016Citation:European journal of legal studies, 2016, Vol. 9, No. 1, pp. 250-300Type:ArticleAbstract:Some kind of transcultural consent is strongly needed between Western and Islamic societies. Human rights can provide such consent but their traditional Western foundation remains alien to a large part of Muslim sensibilities. ...
Title:The functionality of conceptual terms in international law and international legal discourse Author(s):LINDERFALK, UlfDate:2013Citation:European Journal of Legal Studies, 2013, Vol. 6, No. 2, pp. 27-50Type:ArticleAbstract:Investigating the meaning of conceptual terms is an important task for legal scholars. Traditionally, the meaning of conceptual terms has been analyzed by reference to what those terms describe, namely a relationship ...
Title:The future of the EU27 Author(s):FABBRINI, Federico Date:2019Citation:European journal of legal studies, 2019, SI, pp. 305-333Type:ArticleAbstract:This article examines the future of the European Union (EU) beyond Brexit, contrasting the unity of the EU27 in the Brexit negotiations with the disunity that emerged among the EU27 in the management of the euro-crisis, ...
Title:The future of the United Kingdom Author(s):DOUGLAS-SCOTT, SionaidhDate:2019Citation:European journal of legal studies, 2019, SI, pp. 245-274Type:ArticleAbstract:The article examines the impact of Brexit on the UKﾒs constitutional settlement, most particularly within the field of devolution. The focus of this article is on devolution, as it argues that the voices of the three ...
Title:The future of UK-Irish relations Author(s):TANNAM, EtainDate:2019Citation:European journal of legal studies, 2019, SI, pp. 275-304Type:ArticleAbstract:This article examines the impact of Brexit on the British-Irish intergovernmental relationship and places the assessment in the context of the contemporary history of the relationship. In particular it highlights the ...
Title:Gender as a hyperconstruct in (rare) regional human rights case-law Author(s):GILLERI, Giovanna Date:2020Citation:European journal of legal studies, 2020, Vol. 12, No. 2, pp. 25-42Type:ArticleAbstract:Traditional legal accounts of sex and gender in international human rights law have either erased or emphasised the distinction between the two concepts. According to mainstream interpretations, there are two sexes, on the ...
Title:Genetic Enhancement and Autonomy Author(s):ZALUSKI, WojciechDate:2010Citation:European Journal of Legal Studies, 2010, 2, 3, The Future of... Law & Technology in the Information SocietyType:Article