Enter the word for search
comparative method
Library
The use that the CJEU has made of the comparative method has been sharply contested in the literature and regarded as discretionary and superficial. +4
law
méthode comparative
Méthode d’interprétation des principes juridiques consistant à comparer différents systèmes juridiques ou approches constitutionnelles.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. 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.
For example, scholars have recommended revising the autonomous, self-referential interpretation of rights on the part of the CJEU by making systematic use of comparative method in determining the protection of constitutional rights; making the arguments of the parties and of the intervening governments fully available on the Court’s website; a stricter standard of judicial review of EU measures (see Sect.
law
recours systématique à la méthode comparative
Le recours constant à la comparaison avec d’autres systèmes juridiques comme méthode d’interprétation.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law: National Reports
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. 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.
Sen simply does not show us how his comparative method works in more complex matters.
philosophy
méthode comparative
Une approche qui évalue des idées ou des résultats en les comparant, plutôt que de s’appuyer uniquement sur un idéal abstrait.
Disasters: Core Concepts and Ethical Theories
This Open Access Book is the first to examine disasters from a multidisciplinary perspective. Justification of actions in the face of disasters requires recourse both to conceptual analysis and ethical traditions. Part 1 of the book contains chapters on how disasters are conceptualized in different academic disciplines relevant to disasters. Part 2 has chapters on how ethical issues that arise in relation to disasters can be addressed from a number of fundamental normative approaches in moral and political philosophy. This book sets the stage for more focused normative debates given that no one book can be completely comprehensive.
