Essays about: "constitutional law"

Showing result 31 - 35 of 118 essays containing the words constitutional law.

  1. 31. Harmonization of EU Contract Law adopted on the basis of Article 114 TFEU

    University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

    Author : Claudia Fernanda Peña Rodriguez; [2020]
    Keywords : Article 114 TFEU; Internal Market; EU contract law.; Law and Political Science;

    Abstract : Contract law has traditionally been regulated by national law which has raised certain problems in cross-border transactions caused by the divergences in domestic contract law among the Member States. Therefore, the diversity of national law has been increasing the challenges in practice for entrepreneurs which is causing a lack of legal certainty, uniformity and creates serious obstacles that hinder the well-functioning of the internal market. READ MORE

  2. 32. A paradigm shift from voluntary to court-ordered climate change mitigation? The potentials and challenges of a human rights-based approach

    University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

    Author : Kimberly de Bruijn; [2020]
    Keywords : international human rights law; public international law; climate change; climate change mitigation; public interest litigation; actio popularis; human rights approach; united nations framework convention on climate change; paris agreement; rule of law; democracy; right to life; right to respect for private and family life; european convention on human rights; african charter on human and peoples rights; american convention on human rights; right to a healthy environment; environmental law; united nations; Law and Political Science;

    Abstract : The central theme of this thesis is anthropogenic climate change; governments' inability to create an effective, inclusive response mechanism that manages to mitigate anthropogenic emissions; and advocates efforts to coerce States to act by invoking State responsibility in adjudicatory dispute settlement processes. States' failure to act in accordance with scientific risk assessments and to mitigate polluting activities has led underrepresented groups to increasingly lose trust in their respective executive and legislative branches, and, by means of protest, these advocates are now turning to court. READ MORE

  3. 33. FREEDOM OF ARTISTIC EXPRESSION – AN ANALYSIS OF PRACTICES BETWEEN ESTONIA AND FINLAND

    University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

    Author : Kersti Ahlgren; [2019]
    Keywords : freedom of expression; artistic freedom; literary freedom; margin of appreciation; article 10; European Convention on Human Rights; European Court of Human Rights; human rights; Law and Political Science;

    Abstract : Artistic freedom is recognised as a universal human right and a constitutional right in most national laws. Under the auspices of article 10 of the ECHR, the right to freedom of expression guarantees everyone a right to hold opinions and to receive and impart information and ideas without interference by public authority, subject to the limitation clauses outlined in Article 10(2). READ MORE

  4. 34. Right to be and act Queer? : A descriptive analysis of how Indian LGBTQI activists framed Section 377 of the Indian Penal Code in order to challenge it, preceding the 2018 Indian Supreme Court verdict to overrule the law

    University essay from Uppsala universitet/Statsvetenskapliga institutionen

    Author : Linn Sjöde; [2019]
    Keywords : India; LGBTQI activism; Section 377; Indian Penal Code; Frame Analysis;

    Abstract : This study aims to contribute to the under-researched area of LGBTQI activism in the ‘Global South’ by performing a case study of LGBTQI activism in India, a country that provides an intriguing setting in which a wide range of sexual expressions has developed over time with attitudes towards them varying alongside. Same-sex activities have since the 1860s been considered a penal offence under Section 377 of the Indian Penal Code but in September 2018, the Indian Supreme Court overruled the law and decriminalized same-sex conduct. READ MORE

  5. 35. Does symbolic recognition matter? - Secession-inducing features of symbolic recognition in two autonomous sub-state entities within Spain

    University essay from Lunds universitet/Statsvetenskapliga institutionen

    Author : Theodor Emanuelsson; [2018]
    Keywords : Symbolic recognition; Autonomy institutions; Secession; Catalonia; Galicia; Law and Political Science;

    Abstract : This essay is a hypothesis-generating study that theorizes on secession-inducing features of symbolic recognition in places divided by national, ethnic, linguistic or cultural diversity, something that has generally been overlooked in the research field of constitutional design, secessionism and power sharing systems. The hypothesis is partially tested using a most-similar research design for two autonomous sub-state entities in Spain (Galicia and Catalonia) to show indications of the hypothesized relationship. READ MORE