الصفحة 1
الصفحة 1
National Constitutions in European and Global Governance : Democracy, Rights, the Rule of Law: National Reports
It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes.
International Prosecution of Human Rights Crimes
It is intended for a wide variety of readers: academics, all kinds of jurists, as well as human rights activists, who sometimes know more about the applicable law than the legal experts. It owes its existence to a paradox: On the one hand, new structures for dealing with the most serious international crimes are being put into place.
International humanitarian law and non-state actors : Debates, law and practice
challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict.The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law.
International criminal law practitioner library: international criminal procedure
Volume 3 completes the review of international criminal law begun in Volumes 1 and 2, which analyse the forms of responsibility and the elements of the core crimes. This volume reviews the procedural law and practices of the international criminal tribunals from investigation to trial, appeal, and punishment, and examines the framework within which the substantive law operates. The authors present a critical study of those procedures that are essential to effective investigations and fair trials.
International criminal law : Using or abusing legality
Analyses the relationship between law and violence, the utility of law over violence and whether legality as an approach has an inherent disability in addressing mass violence as a crime. The study is located within international law and assesses whether prosecuting political violence would necessarily entail an abuse of the legal process. The intention is to encourage definition of criminal aggression via legal processes laid down by the International Criminal Court,
Individual Criminal Responsibility for Core International Crimes : Selected Pertinent Issues
The media has, of course, played a crucial role in increasing awareness of this concept, especially amongst the general populace. Indeed, the concept has, arguably, a much higher profile today, than ever before in its history. However, the concept of individual criminal responsibility for core inter- tional crimes is neither as straightforward nor as single-facetted, as might appear on first glance. While the general principle behind the concept does not generate too many difficulties, it is in its practical application that the more challenging aspects of the concept are brought to the fore. Each of these ‘challenging - pects’ can also be described as a ‘pertinent issue’ of the concept of individual criminal responsibility for core international crimes.
Humanistic foundation of criminal law
Uses humanity-rationality and experience and the freedom of human will as a theoretical perspective to examine the basic framework of criminal law theories constructed by the criminal classic school and the criminal empirical school. The author puts forward the principle of the duality of rationality and experience of humanity and affirms the determinism of human behavior in the ontological sense and the freedom of will in the axiological sense. From this point of view, this book examines the humanistic foundations of crime and punishment, legislation and justice.
Fundamentals of Forensic Practice : Mental Health and Criminal Law
Forensic psychologists and psychiatrists are increasingly asked to provide expertise to courts and attorneys in the criminal justice system. To do so effectively, they must stay abreast of important advances in the understanding of legal standards as well as new developments in sophisticated measures and the methods for their assessment. Fundamentals of Forensic Practice is designed to address the critical issues that are faced by mental health experts in their role of conducting assessments, presenting findings, and preparing for challenges to admissibility and credibility.
Foundational texts in modern criminal law
Presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context.
Forensic perspectives on cybercrime : Human behaviour and cybersecurity
Combines the disciplines of cyberpsychology and forensic psychology, helping to define this emergent area. It explores the psychological factors that influence the behaviour of all those involved in cybersecurity, drawing upon the research literatures in relevant areas including forensic, social, and cyberpsychology.
Fighting Terror Online : The Convergence of Security, Technology, and the Law
This book presents the position that the online environment is a significant and relevant theater of activity in the fight against terror, and will identify the threats, the security needs, and the issues that are unique to this environment. We examine whether the unique characteristics of this environment require new legal solutions, or whether existing solutions are sufficient. Three areas of online activity are identified that require reexamination: security, monitoring, and propaganda. For each of these, we will indicate the issues, examine existing legal arrangements, and offer guidelines for formulating legal policy. There is a demonstrated need to relate to the digital environment as a battlefront, map the new security threats.
Fault in criminal law : A research companion
Addresses three specific elements within the arena of fault, embracing an overarching synergy between them. This structure facilitates an examination of UK provisions, with specialist contributions on domestic law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to fault elements in the context of the Criminal Law.
Fallsammlung zum Strafprozessrecht = Case collection on criminal procedure law
The collection of term papers and exams essentially covers the spectrum of questions of criminal procedure law. On the one hand, it enables an exemplary repetition and deepening of the basic knowledge of criminal procedure law, on the other hand, it clearly conveys the formal and content-related requirements to be placed on above-average term papers and exams. The case collection is intended as a supplement to the reading of a textbook aimed at acquiring the knowledge of criminal procedural law necessary for the examination and training in the criminal law trainee station.
Examples & explanations for criminal law
Offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here's why you need an E & E to help you study throughout the semester: Clear explanations of each class topic.
Examples & explanations : criminal law
Combines textual material with well-written and comprehensive examples, explanations, and questions to test students' comprehension of the materials and to provide practice in applying information to fact patterns. The questions, which often raise a variety of issues in one fact situation, are similar to those on a law school or bar examination. New to the eighth edition: discussion of self-defense and police use of force issues; impact of #MeToo movement on rape law; interesting hypothetical situations based on real cases in the last few years
Estimates of cost of crime : History, methodologies, and implications
With the emergence and development of quantitative methods in economics and statistics, the exercise of calculating costs of crime became possible, In this book, it's argue that we can estimate costs of different crimes, and that such estimates are relevant for criminal law and crime policy. Notwithstanding the incommensurability of many consequences of crime, society every day makes numerous decisions how to tackle crime, and at least implicitly assesses the relative importance of the problem. Properly done costs of crime estimates make people’s evaluation more visible, and allow for more coherent public policy.
Do Exclusionary Rules Ensure a Fair Trial? : A Comparative Perspective on Evidentiary Rules
This publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
Cybersecurity in Poland : Legal Aspects
This book explores the legal aspects of cybersecurity in Poland. The authors are not limited to the framework created by the NCSA (National Cybersecurity System Act – this act was the first attempt to create a legal regulation of cybersecurity and, in addition, has implemented the provisions of the NIS Directive) but may discuss a number of other issues. The book presents international and EU regulations in the field of cybersecurity and issues pertinent to combating cybercrime and cyberterrorism. Moreover, regulations concerning cybercrime in a few select European countries are presented in addition to the problem of collision of state actions in ensuring cybersecurity and human rights.
Cybercrimes and financial crimes in the global era
Presents the latest and most relevant studies, surveys, and succinct reviews in the field of financial crimes and cybercrime, conducted and gathered by a group of top professionals, scholars, and researchers from China, India, Spain, Italy, Poland, Germany, and Russia. Focusing on the threats posed by and corresponding approaches to controlling financial crime and cybercrime, management.
Crisis of the Criminal Law in the Democratic Constitutional State: Manifestations and Trends
Shares the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic
