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Comparative and Foreign Law

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Selected Works

Selected Works

2012

Comparative Law

Articles 1 - 7 of 7

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Ensayos Sobre Derecho Comparado Y Constitución, Teresa M. G. Da Cunha Lopes Oct 2012

Ensayos Sobre Derecho Comparado Y Constitución, Teresa M. G. Da Cunha Lopes

Teresa M. G. Da Cunha Lopes

No abstract provided.

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Semiprocedural Judicial Review, Ittai Bar-Siman-Tov Dec 2011

Semiprocedural Judicial Review, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This Article explores a novel cross-national phenomenon: the emergence of a new judicial review model that merges procedural judicial review with substantive judicial review. While this model is not yet fully defined, it has already spurred much controversy. The Article explicates this emerging model, which it terms 'semiprocedural review,' and provides a theoretical exploration of both its justifications and its objectionable aspects. It concludes by evaluating semiprocedural review's overall justifiability and suggesting guiding principles for a more legitimate model of semiprocedural review. The Article pursues these goals through the unique perspective of juxtaposing semiprocedural review with 'pure procedural judicial review' …

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Cравнительное Избирательное Право: Обзор Исследований, Leonid G. Berlyavskiy Dec 2011

Cравнительное Избирательное Право: Обзор Исследований, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

In the article the review of researches by Russian and foreign authors is presented to areas Compare tive Electoral Law. Number growth became a global tendency of last decades demokratic states in which the elections are regularly held. For Russia continues to remain topical the problem of overcoming of a heavy heritage of the authoritative past. In the western Political science the extensive material devoted to the analysis of Electoral systems, regulations and institutes , their evolutions is saved practically on all continents

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Избирательное Право Как Институт Конституционного Права Соединенных Штатов Америки, Leonid G. Berlyavskiy Dec 2011

Избирательное Право Как Институт Конституционного Права Соединенных Штатов Америки, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

In the article features of the suffrage as tool of the American democracy are considered. The urgency of studying of the given theme is defined by impressing volume of bodies of the public power and the officials replaced by means of the elections. In the USA considerable experience of two hundred year's continuous and enough effective legal regulation of the Electoral system that can be quite demanded both in the Russian Federation and in other CIS countries and the Eastern Europe is stored.

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Сравнительное Избирательное Право Как Научное Направление, Leonid G. Berlyavskiy Dec 2011

Сравнительное Избирательное Право Как Научное Направление, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

At studying of the Сomparative Electoral Law it is necessary to pay attention to its sources which number includes international standards of elections, Constitutions of the states and other regulatory legal acts of the foreign electoral legislation. The analysis of sources of the Electoral Law in Russian Federation, their classification and comparative studying has the big importance. Throughout 20 years of action of the Constitution of the Russian Federation 1993 the legislation on elections and referenda was repeatedly renewed.

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Exit, Voice And International Jurisdictional Competition: A Case Study Of The Evolution Of Taiwan’S Regulatory Regime For Outward Investment In Mainland China, 1997-2008, Chang-Hsien Tsai Dec 2011

Exit, Voice And International Jurisdictional Competition: A Case Study Of The Evolution Of Taiwan’S Regulatory Regime For Outward Investment In Mainland China, 1997-2008, Chang-Hsien Tsai

Chang-hsien (Robert) TSAI

This Article explores the interplay of demand and supply forces in the market for law through international jurisdictional competition led by offshore financial centers. To do so it uses the example of the evolution of a regulatory regime imposed by an onshore jurisdiction, Taiwan, to control outward investment into mainland China (“China-investment”). The argument is that jurisdictional competition brought about by capital mobility or exit will provoke legal changes to prevent the departure of capital when laws reduce the value of remaining within the jurisdiction. The case study is used to examine the extent to which jurisdictional competition fuelled by …

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Gli Obblighi Del Trustee Nel Sistema Statunitense., Vanessa Villanueva Collao Dec 2011

Gli Obblighi Del Trustee Nel Sistema Statunitense., Vanessa Villanueva Collao

Vanessa Villanueva Collao

No abstract provided.

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