Download or read online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get book now. This site is like a library, Use search box in the widget to get ebook that you want.

Due Process Of Law

Due Process Of Law Author João Marcos Prado Garcia
ISBN-10 PKEY:99024925
Release 2006-07-19
Pages 106
Download Link Click Here

Desde a introdução do dispositivo que cuida do Devido Processo Legal na Constituição Federal Brasileira de 1988, a doutrina e a jurisprudência brasileira iniciaram uma longa jornada de estudos de Direito comparado, de modo a fixar os limites de sua aplicação em um país com tradição em Direito Romano. Esta monografia busca dar suporte à essa trajetória, iniciando com a análise do desenvolvimento histórico do conceito do devido processo legal na Inglaterra, passando para a análise da forma como o instituto se consolidou nas questões de jurisdição, finalizando com o seu reconhecimento e aplicação nos julgamentos realizados pelas cortes dos Estados Unidos da América. Ao final, é realizado um estudo comparado entre outras Constituições que também contemplam o instituto do devido processo legal, além da transcrição e análise do leading case do Supremo Tribunal Federal Brasileiro sobre a matéria - Impeachment do ex- Pres. Fernando Collor de Melo. Since the introduction of the Due Process of Law clause in the Brazilian Federal Constitution of 1988, the Brazilian doctrine and jurisprudence started what is considered the beginning of a long journey into the comparative law studies in order to establish the boundaries of its application in a Civil Law country. This paper supports such tendency, starting with the historical development of the due process concept in England, as it relates to issues of jurisdiction and the recognition and enforcement of judgments in the United States courts. Last pages provide a comparative study among other Constitutions that also contemplate the due process clause, along with a transcription and analisys of the leading case rendered by the Supreme Court of Brazil upon the matter - Impeachment former-President of Brazil Mr. Fernando Collor de Melo.



The Due Process of Law

The Due Process of Law Author Alfred Denning
ISBN-10 9780191018558
Release 1980-01-11
Pages 282
Download Link Click Here

Two central themes run through The Due Process of Law. The first is the workings of the various "measures authorised by the law so as to keep the streams of justice pure" - that is to say, contempt of court, judicial inquiries, and powers of arrest and search. The second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgments and opinions on a wide range of topics.



Substantive due process of law

Substantive due process of law Author Frank R. Strong
ISBN-10 UOM:39015019763716
Release 1986-12
Pages 306
Download Link Click Here

The author presents the view that substantive due process, historically, has had very specific meanings. He also discusses the eroding of these original concepts by the Supreme Court.



Due Process in Nigeria s Administrative Law System

Due Process in Nigeria s Administrative Law System Author Oneyebuchi T. Uwakah
ISBN-10 0761807640
Release 1997
Pages 236
Download Link Click Here

This book, which relies on primary and secondary printed sources and a series of interviews with affected persons, lawyers, judges, and customary court presidents in Nigeria, focuses on the place of due process in the Nigerian legal system. Uwakah is concerned about the abuse of this important fundamental right in his country. The purpose of the book is to examine how due process operates in Nigeria and whether the coexistence of the customary law, the English common law, the Moslem law, and the martial law systems in Nigeria hinders or enhances due process in the country. Finally, the study investigates the suitability of the British version of due process to Nigeria, since the concept is imported to the country. The book concludes that the British version of due process is unsuitable to Nigeria because the country's political, economic, social, and religious backgrounds substantially differ from those of Britain. This conclusion is premised on the consensus of the interviewees. Uwakah recommends the country's immediate transition from military to civilian rule.



By Due Process of Law

By Due Process of Law Author Ian Loveland
ISBN-10 9781847310835
Release 1999-06-01
Pages 456
Download Link Click Here

The South African case of Harris v. (Donges) Minister of the Interior is one familiar to most students of British constitutional law. The case was triggered by the South African government's attempt in the 1950s to disenfranchise non-white voters on the Cape province. It is still referred to as the case which illustrates that as a matter of constitutional doctrine it is not possible for the United Kingdom Parliament to produce a statute which limits the powers of successive Parliaments. The purpose of this book is twofold. First of all it offers a rather fuller picture of the story lying behind the Harris litigation,and the process of British acquisition of and dis-engagement from the government of its 'white' colonies in southern Africa as well as the ensuing emergence and consolidation of apartheid as a system of political and social organisation. Secondly the book attempts to use the South African experience to address broader contemporary British concerns about the nature of our Constitution and the role of the courts and legislature in making the Constitution work. In pursuing this second aim, the author has sought to create a counterweight to the traditional marginalistion of constitutional law and theory within the British polity. The Harris saga conveys better than any episode of British political history the enormous significance of the choices a country makes (or fails to make) when it embarks upon the task of creating or revising its constitutional arrangements. This, then, is a searching re-examination of the fundamentals of constitution-making, written in the light of the British government's commitment to promoting wholesale constitutional reform.



Magna Carta and Due Process of Law

Magna Carta and Due Process of Law Author Thomas Burrell
ISBN-10 1945104015
Release 2016-04-05
Pages
Download Link Click Here

Magna Carta and Due Process of Law has been writing in one form or another for most of life. You can find so many inspiration from Magna Carta and Due Process of Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Magna Carta and Due Process of Law book for free.



The Fifth Amendment

The Fifth Amendment Author Corona Brezina
ISBN-10 9781448823260
Release 2011-01-15
Pages 64
Download Link Click Here

This book is an introduction to the Fifth Amendment which empowers the people as it guarantees valuable protections on a daily basis within the justice system.



Due Process and International Terrorism

Due Process and International Terrorism Author Roza Pati
ISBN-10 9789004172388
Release 2009
Pages 520
Download Link Click Here

Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law s due process guarantees and proposes courses of action which can better defend a public order of human dignity.



New York s Poop Scoop Law

New York s Poop Scoop Law Author Michael Brandow
ISBN-10 1557534926
Release 2008
Pages 349
Download Link Click Here

The story of how New York City adopted laws to force pet owners to clean up after their pets. Michael Brandow shows how a combination of science and politics, fact and fear, altruism and self-interest led to the adoption and enforcement of legislation that became a shining - and perhaps surprising - success.



Due Process of Law Beyond the State

Due Process of Law Beyond the State Author Giacinto della Cananea
ISBN-10 9780191092619
Release 2016-09-15
Pages 350
Download Link Click Here

Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those public authorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization. Analysing the procedural due process requirements applicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, such as good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect when interpreting standards of justice.



Law at Little Big Horn

Law at Little Big Horn Author Charles E. Wright
ISBN-10 0896729125
Release 2016-01
Pages 352
Download Link Click Here

During the nineteenth century, the rights of American Indians were frequently violated by the president and ignored or denied enforcement by federal courts. However, at times Congress treated the Indians with good faith and honored due process, which prohibits the government from robbing any person of life, liberty, or property without a fair hearing before an impartial judge or jury. These due process requirements protect all Americans and were in effect when President Grant launched the Great Sioux War in 1876--without a formal declaration of war by Congress. Charles E. Wright analyzes the legal backdrop to the Great Sioux War, asking the hard questions of how treaties were to be honored and how the US government failed to abide by its sovereign word. Until now, little attention has been focused on how the events leading up to and during the Battle of Little Big Horn violated American law. While other authors have analyzed George Armstrong Custer's tactics and equipment, Wright is the first to investigate the legal and constitutional issues surrounding the United States' campaign against the American Indians. This is not just another Custer book. Its contents will surprise even the most accomplished Little Big Horn scholar.



Desperately Seeking Certainty

Desperately Seeking Certainty Author Daniel A. Farber
ISBN-10 0226238105
Release 2004-03-01
Pages 219
Download Link Click Here

Irreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories.



The Immigration Battle in American Courts

The Immigration Battle in American Courts Author Anna O. Law
ISBN-10 9781139489164
Release 2010-06-14
Pages
Download Link Click Here

This book assesses the role of the federal judiciary in immigration and the institutional evolution of the Supreme Court and the US Courts of Appeals. Neither court has played a static role across time. By the turn of the century, a division of labor had developed between the two courts whereby the Courts of Appeals retained their original function as error-correction courts, while the Supreme Court was reserved for the most important policy and political questions. Law explores the consequences of this division for immigrant litigants, who are more likely to prevail in the Courts of Appeals because of advantageous institutional incentives that increase the likelihood of a favorable outcome. As this book proves, it is inaccurate to speak of an undifferentiated institution called 'the federal courts' or 'the courts', for such characterizations elide important differences in mission and function of the two highest courts in the federal judicial hierarchy.



General Principles of Law and International Due Process

General Principles of Law and International Due Process Author Center for International Legal Education University of Pittsburgh School of Law
ISBN-10 9780190642709
Release 2017-03-15
Pages 304
Download Link Click Here

Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.



Encyclopedia of American Civil Rights and Liberties Revised and Expanded Edition 2nd Edition 4 volumes

Encyclopedia of American Civil Rights and Liberties  Revised and Expanded Edition  2nd Edition  4 volumes Author Kara E. Stooksbury
ISBN-10 9781440841101
Release 2017-09-30
Pages 1484
Download Link Click Here

Thoroughly updated and featuring 75 new entries, this monumental four-volume work illuminates past and present events associated with civil rights and civil liberties in the United States. • Offers 686 alphabetically arranged entries, ranging from thoroughly updated entries from the first edition to 75 new entries that cover dramatic changes in civil rights and liberties in the last decade • Covers the latest events and controversies surrounding civil liberties issues in America • Fully explores the scope and limitations of Constitutional rights, a perennially hot topic in American politics and society • Includes primary documents with contextual headnotes to enhance understanding of the full importance of the featured document • Provides sources for further reading with each entry to help users engage in additional research



Double Jeopardy Self Incrimination and Due Process of Law

Double Jeopardy  Self Incrimination  and Due Process of Law Author John Rokutani
ISBN-10 0766085570
Release 2017
Pages 48
Download Link Click Here

The Fifth Amendment is one of the more complex and far-reaching amendments to the U.S. Constitution, so this book begins by breaking down each clause one by one, explaining the legalese in uncomplicated language, thus allowing the reader to reach a full understanding of due process. It then systemically describes the impact of the Fifth Amendment clause by clause, using Supreme Court cases as real-world examples. Sidebars highlight the amendment in action and delve into some of the finer points. This book includes rich resource sections that allow for further exploration.



Encyclopedia of American Civil Liberties

Encyclopedia of American Civil Liberties Author Paul Finkelman
ISBN-10 9781135947057
Release 2013-11-07
Pages 2304
Download Link Click Here

This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.