Suchergebnisse

Book 1: The rights of the child. - 2001. - V,56 S. : Ill., Lit.; Book 2: Protecting and promoting human rights. - 2001. - VIII,93 S. : Ill., Lit. S. 91-93; Book 3: Human rights and democracy. - 2001. - VII,88 S. : Ill., Lit. S. 87-88

Taking a contextual approach to EU free movement law, this book examines the interplay between the different normative concerns behind the EU's market freedoms identified in legal discourse. Through this approach, fundamental freedoms can best be understood as an interplay of doctrines and practices, as well as the institutions where this law is applied

Originally, private law was considered to be immune from the effect of fundamental rights, the function of which was limited to being individual defenses against the vigilant eye of the state. This traditional view, however, has been put under pressure as a result of the growing effect of fundamental rights in private law, which makes it possible to speak about the tendency towards the constitutionalization of private law. Although until recently this tendency has primarily manifested itself in the national law of many EU Member States as a result of the readiness of the domestic courts to grant effect to fundamental rights embodied in national constitutions and international human rights instruments in purely private law disputes, an interesting perspective on the issue is also provided by EU law. The aim of this article is to trace in EU law the signs of the developments which have been occurring in national legal systems with regard to the effect of fundamental rights in private law, and, in the light of this, to outline possible directions in the evolution of the relationship between private law, on the one hand, and EC fundamental freedoms and EU fundamental rights, on the other, in the context of EU law.

Acknowledgments -- Foreword / The Honourable Justice Peter A. Lauwers -- The Forgotten Fundamental Freedoms: An Introduction / Dwight Newman, Q.C., Derek Ross, Brian Bird. PART I: Recovering what has been forgotten. Big M's Forgotten Legacy of Freedom / Jamie Cameron -- Recovering Forgotten Freedoms / Dwight Newman, Q.C. -- Truth-Seeking and the Unity of the Charter's Fundamental Freedoms / Derek B.M. Ross. PART II: Freedom of conscience and religion. The Reasons for Freedom of Conscience / Brian Bird -- Blazing the Path: Freedom of Conscience is the Prototypical Right / Barry W. Bussey -- Putting Conscience Rights in a Box: Can we take off the lid? / Mary Anne Waldron, Q.C. -- Religious proselytization in Canadian law: the residue in the periphery / Blair A. Major. PART III: Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication. Freedoms of Thought, Belief, and Opinion as Protected Inner Freedoms / Monica Fitzpatrick & Dwight Newman, QC. -- Does Independent Protection for Freedom of the Press Make a Difference? The Case of Vice Media v. Canada (Attorney General) / Benjamin J. Oliphant -- Section 2(b) of the Charter and the Regulation of Digital Expression / Sina Kazemi & Avnish Nanda. PART IV: Freedom of peaceful assembly. Understanding Freedom of Peaceful Assembly in the Canadian Charter of Rights and Freedoms / Nnaemeka Ezeani -- Positive Freedoms and Peaceful Assemblies: Reenvisioning Section 2(c) of the Charter / Kristopher E.G. Kinsinger. PART V: Freedom of association. Recovering Community: Addressing Judicial Blindspots on Freedom of Association / André Schutten. Appendix --Evolution: On the Origins of Section 2 / Melanie R. Bueckert.