Ius, Lex et Res Publica – serie
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43 produkter
43 produkter
Del 1 - Ius, Lex et Res Publica
Socio-Economic Constitutional Rights in Democratisation Processes
An Account of the Constitutional Dialogue Theory
Inbunden, Engelska, 2012
393 kr
Skickas inom 5-8 vardagar
Is constitutional jurisprudence on socio-economic rights a threat to democracies? How powerful are constitutional courts in this field? Is it possible to restrain judicial activism in socio-economic adjudication? Through reference to constitutional dialogue theory, this book shows constitutional adjudication in socio-economic matters through the lenses of constitutional pluralism and intra-institutional deliberation. The experiences of nascent Central-Eastern European democracies which have undergone democratic changes in early 90ies of the 20th century are particularly interesting as a case study. The example of Polish, Czech and Slovak constitutional acquis are used to encourage the mechanisms that legitimize the role of constitutional courts in the field of socio-economic adjudication.
Del 3 - Ius, Lex et Res Publica
Postulates of Restorative Justice and the Continental Model of Criminal Law
As Illustrated by Polish Criminal Law
Inbunden, Engelska, 2014
686 kr
Skickas inom 5-8 vardagar
The concept of restorative justice, which focuses on extinguishing the social conflict caused by criminal offense, has been received with growing interest on the part of both legislators and specialists in legal sciences throughout the world. This publication answers the question to what extent the classic model of criminal justice (including its fundamental principles and miscellany of penal measures) is able to meet the challenges posed by that concept. The doubts indicated in the study have been illustrated by normative provisions taken from Polish criminal legislation.
Del 4 - Ius, Lex et Res Publica
Enforcement of Patents on Geographically Divisible Inventions
An Inquiry into the Standard of Substantive Patent Law Infringement in Cross-Border Constellations
Häftad, Engelska, 2015
1 007 kr
Skickas inom 5-8 vardagar
This work investigates the challenges of enforcement of patent rights in geographically divisible inventions. It considers aspects of technological progress which pose challenges to the established system of patent protection based on the territorial limitation of rights. The analysis focuses on substantive patent law, especially on the infringement provisions. It is carried out in the context of Internet-related inventions, which demonstrate an extraordinarily construed technical nature, namely geographical divisibility. This leads to the inquiry of whether the infringement standard is appropriate in relation to the technological development in ICTs.
Del 10 - Ius, Lex et Res Publica
Judicial Review of Administrative Discretion
The Influence of Court Decisions on Administrative Actions
Inbunden, Engelska, 2019
479 kr
Skickas inom 5-8 vardagar
The publication shows the impact of judicial decisions on the discretionary power of public administration. This issue is analysed in relation to the process of issuing individual decisions by the administration, which have a dominant influence on the sphere of rights and freedoms of man. Judicial influence on public administration discretion is shown in the context of various models of judicial control of public administration.
Del 5 - Ius, Lex et Res Publica
Legal Issues in Cultural Heritage Management
A Polish Perspective
Inbunden, Engelska, 2016
654 kr
Skickas inom 5-8 vardagar
This book presents the legal institutions involved in cultural heritage protection from a Polish point of view. Its authors set out the legal framework of cultural management in the context of private and public law. They analyse the Anglo-Saxon concept of trusts, fideicommissum set up by aristocratic families and, in the Polish legal system, foundations and property law. The authors research these institutions in terms of their ability to secure valuable cultural property selected for its artistic, historic and cultural qualities and of their effectiveness in doing so. They also outline a model of economic heritage management putting forward proposals for its future operation.
Del 6 - Ius, Lex et Res Publica
Takeover of Public Companies as a Mode of Exercising EU Treaty Freedoms
Inbunden, Engelska, 2017
718 kr
Skickas inom 5-8 vardagar
This book provides a comprehensive review of major legal problems affecting the processes of takeover of publicly listed companies with particular emphasis on EU, Polish and German law. Acquisitions are seen through the lens of two relevant EU Treaty freedoms: free movement of capital and freedom of establishment and the 13th (Takeover) Directive. The Book contains an in-depth review of the relevant case law of the Court of Justice. The authors discuss the limits of inclusion into shareholders’ autonomy by transnational rules. They also look at breakthrough and neutrality rules stemming from the Takeover Directive. The extensive economic analysis serves as background to a legal-dogmatic research. The authors discuss the phenomenon of so-called «national champions» and its role in economies and societies of emerging markets.
Del 17 - Ius, Lex Et Res Publica
polnische Verfassung vom 3. Mai 1791
Hintergruende der Entstehung und der Außerkraftsetzung. Stellung Polens im Zeitalter der Aufklaerung
Inbunden, Tyska, 2021
726 kr
Skickas inom 5-8 vardagar
Del 7 - Ius, Lex et Res Publica
Value of Information: Intellectual Property, Privacy and Big Data
Inbunden, Engelska, 2018
613 kr
Skickas inom 5-8 vardagar
The right information, at the right time, for the right user has become the most valuable currency of our times. Yet, traditional view on the use of information is being challenged: never before both businesses and users had to deal with the necessity of processing enormous amounts of data, often either privacy-sensitive or covered by intellectual property rights. The law tries to respond – both domestically and internationally – with new rules and novel applications of traditional rules. This book investigates these rules, their rationales, and consequences.
376 kr
Skickas inom 5-8 vardagar
Poland has seen the process of tax law reform going on for many years. The economic and political transformation at the turn of the 20th century determined the fundamental trends of the transformation of this area of law. A novelty in the Polish tax legislation is the need of incorporating, or aligning with, the legal standards required through the membership in the European Union. However, this law harmonisation process fails to address the whole of Polish tax law. This book covers the fundamental areas of taxation and tax law in Poland. It explores the tax theory, general tax law, and specific taxes supplying the central and self-government budget revenues. The authors also seek to highlight selected issues of the operation and evolution of Polish tax law.
Del 9 - Ius, Lex et Res Publica
Judicial Interpretation of the 1997 Criminal Code Provisions on Self-Defence
Inbunden, Engelska, 2019
479 kr
Skickas inom 5-8 vardagar
In this book the authors present and, more importantly, give their own assessment of judicial decisions interpreting the Criminal Code provisions currently in force on self-defence and the transgression of its limits. The authors have critically verified the empirical material of 88 Supreme Court, 194 Court of Appeal and 34 District Court decisions in which an adjudicating body ruled on the merits with reference to the components and functions of self-defence or the transgression of its limits. The ultimate aim of this study is to answer the question if the present wording of relevant provisions is optimal, especially as judicial decisions are dominated by certain interpretative directions of these provisions that have an overwhelming impact on positions taken by courts in matters of detail. The present study, therefore, will not only reflect on legal dogmatics, by analysing the law as it stands now and the way it works in practice, but will also attempt to suggest amendments to the law.
Del 11 - Ius, Lex et Res Publica
Concept of Modern Law
Polish and Central European Tradition
Inbunden, Engelska, 2019
583 kr
Skickas inom 5-8 vardagar
This book contains texts prepared by representatives of various branches of law, philosophers and dogmatists who link a general reflection on law with caselaw. This ensures that the presented approaches are versatile and insightful, and that the addressed issues vary, the most important of which is the oeuvre of the Polish jurisprudence and its contribution to building a modern state and legal theories. The context exceeds beyond a simple report on or presentation of this oeuvre and, in many cases, it only refers to it. The primary aim of this book is to determine, as follows: 1) the source (at least the potential source) of modernist solutions in the Polish law, 2) the realness of the modernist character of the said source and 3) the refection of these modernist solutions in the currently binding Polish law.
Del 12 - Ius, Lex et Res Publica
Potential of Precedent in the Statutory Legal Order
Inbunden, Engelska, 2019
583 kr
Skickas inom 5-8 vardagar
This book is devoted to various aspects of the potential of precedent as a legal category and the precedential practice as an element of the law in statutory legal orders. It presents a complex approach to the problems involved in precedential practice, including its theoretical consideration and generalization of the practical use of prior judicial decisions as precedents (based on the observation of Polish and European judicial practice) as well as comparative and prospective remarks dealing with the role of precedents in the statutory law order.
Del 14 - Ius, Lex et Res Publica
Sulikowski/Chmielnicki
A Comparative Approach
Inbunden, Engelska, 2020
691 kr
Skickas inom 5-8 vardagar
This book presents new research assumptions aiming at a significant expansion of a typical, common paradigm of law sciences. It focuses on the process of law-making, which is an important subject of interest in broadly understood legal sciences. Although many books have been written on this subject, new problems are still emerging. In many countries of the world, current political and legal theories are becoming less and less adequate to the description of reality. One of the causes is that too little empirical research is conducted in legal sciences on the links between the legal system and its socio-economic environment. This book is a result of discussions among researchers from different parts of the world. The multiplicity of points of view and the diversity of assumptions adopted by the authors, allows them to present a multi-faceted image of law-making processes.
Del 15 - Ius, Lex et Res Publica
Agricultural Activity in Poland: A Fiscal and Legal Study
Inbunden, Engelska, 2020
471 kr
Skickas inom 5-8 vardagar
Due to historical reasons, the issue of taxation of agricultural activity in Poland is of a social, economic, and even political importance. Therefore, from the Polish point of view, taxation of the agricultural activity is one of the most controversial issues of tax law. The main scope of the monograph is to cover not only theoretical, but also practical verification of the applied Polish regulations regarding taxation of agriculture. The numerous conclusions contained in the book relating to the tax regulation are supplemented by the outline of the final model of the taxation of land and agricultural incomes in Poland.
Del 13 - Ius, Lex et Res Publica
In Search of a Model for the Legal Protection of a Whistleblower in the Workplace in Poland. A legal and comparative study
Inbunden, Engelska, 2020
471 kr
Skickas inom 5-8 vardagar
The legal situation of whistleblowers has become an object of keen public interest in recent years. As practice shows, people who reveal irregularities in the workplace are exposed to the negative consequences of their actions. This book proposes a model of legal protection of such people, which could be applied in the Polish legal order. This model has been designed on the basis of an analysis of the literature, jurisprudence and selected legal acts existing in the world in the field of whistleblowers‘ protection.
Del 16 - Ius, Lex et Res Publica
Women, Children and (Other) Vulnerable Groups
Standards of Protection and Challenges for International Law
Inbunden, Engelska, 2021
856 kr
Skickas inom 5-8 vardagar
In an era of almost boundless individual opportunities, vulnerability, paradoxically, has gained significant attention. Undoubtedly this book significantly contributes to the debates on this very complex phenomenon, dealing with both the specific aspects of vulnerable individuals and groups’ legal positions, as well as presenting the concept of vulnerability in international law.This book brings together scholars engaging with legal and actual positions of women, children and other vulnerable persons. Authors in detail discuss – among others - such issues as: political violence, motherhood in prison, age assessing of foreigners, infanticide or exclusion of the elderly. It will be of interest for academics in the fields of law and sociology, as well as vulnerability-oriented practitioners.
Del 18 - Ius, Lex et Res Publica
Juvenile Justice Systems: Poland-Brazil-Portugal
Inbunden, Engelska, 2021
538 kr
Skickas inom 5-8 vardagar
Juvenile Justice Systems outlines options for shaping the juvenile liability models, in the form of model-patterns: the welfare model, the justice model, the rehabilitative treatment model, the restorative justice model, and different mixed models, especially the so-called “4xD formula.” This comparative work consists of 4 parts, describing the general issues of juvenile criminal liability and characterizing three mixed models: the Polish, the Brazilian and the Portuguese. The comparison of three systems severely influenced by welfare ideas is seen as an innovative element of the presented work. The critical, theoretical analysis contributes to the reflection on the modelling of juvenile justice systems. Therefore, it may be of particular interest to legal researchers and practitioners.
Del 19 - Ius, Lex et Res Publica
General Reference Clauses in the Judicial Process
Context of Legislative Intentions and Interpretative Discretion
Inbunden, Engelska, 2021
649 kr
Skickas inom 5-8 vardagar
The purpose of this work is to analyze the functioning of extra-legal references (general clauses) in the context of the relation between the legislative policy of opening the legal system and judicial discretion in the field of law interpretation. This publication is based on the analysis of normative acts (in Poland and other selected European countries) and judicial decisions (mainly Polish). The result of the study is an attempt to settle the scope of judicial discretion in determining the content of reference criteria, the basis for their application, and their role in various stages of the process of judicial interpretation of the law. The book concludes with an attempt to construct a comparative and an optimization model of the functioning of general clauses in the legal order.
584 kr
Skickas inom 5-8 vardagar
This book discusses the fundamental issues of public law in the area of statelessness from the perspectives of comparative law and international law standards. The author proposes an approach in which statelessness is not a homogeneous concept but is best analysed and responded to through the lens of different categories of statelessness. This accounts not only for the existence of different categories of stateless persons (e.g., voluntary or involuntary) but also for different assessments and needs of their respective situations for purposes such as prevention mechanisms. The book demonstrates the conceptual and regulatory relevance of this important differential aspect of the international law on statelessness (with implications for domestic legal systems).
Del 20 - Ius, Lex Et Res Publica
Problem der Begruendung richterlicher Entscheidungen.
Eine Analyse auf der Grundlage der Theorie der juristischen Argumentation
Inbunden, Tyska, 2021
538 kr
Skickas inom 5-8 vardagar
Del 22 - Ius, Lex et Res Publica
International Legal Aspects of Aerial Terrorism
Methods of Law Enforcement in Aviation
Inbunden, Engelska, 2022
534 kr
Skickas inom 5-8 vardagar
The monograph discusses the problem of aerial terrorism, one of the biggest challenges humanity faces in the 21st century. Its main goal is to answer the question of whether international legal regulations serve as an effective tool in the fight against terrorists who target civil aviation.The book itself is divided into three chapters: the first one focuses on the theoretical aspect by describing the term “aerial terrorism” itself from a legal perspective. The second one is an in-depth overview of key legal instruments drafted under the auspices of ICAO, the United Nations, and the European Union, that together form a juridical core for the fight against air terrorists. Finally, the third is a case study that depicts how the mechanisms described in the previous parts function in practice.
Del 21 - Ius, Lex et Res Publica
Language Rights of the Citizen of the European Union
Inbunden, Engelska, 2022
630 kr
Skickas inom 5-8 vardagar
The monograph aims to verify the thesis that the language rights of European Union citizens are an important element of the EU’s respect for the national identities of its Member States guaranteed in the Treaties. The protection of these rights has been consistently strengthened in EU law, with citizenship of the Union playing an important role in this process.The formulated thesis is verified mainly through the use of the dogmatic and legal methods, and the comparative legal method. The specific nature of the subject matter discussed requires an interdisciplinary approach, and the methods used in the field of linguistics are also applied mainly with reference to the conceptual apparatus adopted within the EU legal order.
485 kr
Skickas inom 5-8 vardagar
The book deals with (unfortunately) a highly relevant question of extraordinary measures adopted in many countries in connection with the recent pandemic, and the impact of such measures on ownership rights and constitutional freedoms as a whole. Using the methods of synthesis, analysis and historical comparison, the researchers address this issue from different perspectives, starting with the origins of state-governed crisis management, through the theoretical status of such measures and their role in the legal system, to the question of liability for damages arising from their imposition and application. Based on a critical analysis of existing measures, the book provides feedback on their compliance with basic legal principles and suggests possible solutions of encountered problems.
Del 24 - Ius, Lex et Res Publica
Drones – Future of Aviation Law?
Interference of Public Law in Private Law
Inbunden, Engelska, 2023
534 kr
Skickas inom 5-8 vardagar
Drones, like any new technology, give rise to many challenges that require discussion and solutions. Their integration with the manned aviation system is one of the most important challenges for the future of aviation and requires the development of regulations regulating related issues to their use. As part of the monograph, the current safety regulations in civil aviation were analyzed in terms of assessing their application to drone opera-tions and analyzing of all those issues that should be taken into account when creating legal regulations for the use of drones. In addition, an in-depth analysis of issues such as the protection of the right to privacy, protection of property rights, liability for damage caused by drones, liability insurance was made.
Del 39 - Ius, Lex et Res Publica
Effective Justice. International and Comparative Approaches
Volume 2
Inbunden, Engelska, 2025
687 kr
Skickas inom 5-8 vardagar
The following monograph is the culmination of the collaborative efforts of dedicated researchers within the Effective Justice International and Comparative Approaches Platform. The book captures works on the effectiveness of evidentiary issues, summary and abbreviated proceedings, as well as those related to the issue of access to an effective remedy. The common theme throughout the collection is the concept of effectiveness. Within the framework of the EJ Platform, effectiveness was the primary focus, and its meaning was outlined against the background of other closely related terms such as efficacy, effectivity, or efficiency. The effectiveness presented in this collection's chapters is seen in a multi-layered dimension related to the achievement of the goals inherent to a given procedure, institution, or process activity.
Del 38 - Ius, Lex et Res Publica
Effective Justice. International and Comparative Approaches
Volume 1
Inbunden, Engelska, 2025
584 kr
Skickas inom 5-8 vardagar
The book is the culmination of the collaborative efforts of dedicated researchers within the Effective Justice International and Comparative Approaches Platform.It captures works on organisation of judicial systems and digital justice. The chapters address a range of topics, including national and international themes, particularly those relevant to links with the European Convention on Human Rights and the European Union law.The common theme throughout the collection is the concept of effectiveness. It is seen in a multi-layered dimension related to the achievement of the goals inherent to a given procedure, institution, or process activity.
Del 27 - Ius, Lex et Res Publica
Formalised Access to Pre-jurisdictional Free Legal Aid.
Analysis based on Example of Ukraine, Poland, Great Britain and Sweden.
Inbunden, Engelska, 2023
584 kr
Skickas inom 5-8 vardagar
One of the constitutional obligations of states is the defence of human rights. Such state activities encompass providing free pre-litigation legal aid. In search for solutions allowing to improve Polish model, the authors employed a comparative method. As a result, they analysed solutions adopted in international law, Sweden, Ukraine, and the United Kingdom.Swedish law is an example of a system with a rich legislative history in the area of free legal aid and contemporary solutions based on the model of legal aid with a “discount”. The choice of Ukraine was based on the fact that its regulations are very modern, elastic and put to the ultimate test of war. The United Kingdom was chosen as an example of a country with a common law system, where pre-litigation-free legal aid has its unique form based on grant financing.In the summary of the book, the authors strive for presenting the proposal of a model of free pre-litigation legal aid for the polish legal system based on the experience of compared legal systems.
Del 30 - Ius, Lex et Res Publica
Trial as a Social Communication Occurrence
Interactions Between Professional and Non-professional Participants of a Trial
Inbunden, Engelska, 2023
584 kr
Skickas inom 5-8 vardagar
In the book, the author presented the results of several years of empirical studies conducted in Polish common courts. On the basis of an analysis of 250 observed and recorded trials, conducted as part of various court proceedings (criminal, civil, insurance, etc.), the author outlined a picture of the trial as a communication occurrence, in which persons with various levels of communication competence are involved in the interaction. Among other things, the book answers the questions: “How does the communication process between a judge and a non-professional participant proceed?”, “Implementation of which communication activities cause the greatest difficulty for non-professional participants?” and “How do judges try to counteract these difficulties?”.
Del 29 - Ius, Lex et Res Publica
Free Legal Aid, Theory, Legal Basis and Practice. European Standards
Volume 1
Inbunden, Engelska, 2024
584 kr
Skickas inom 5-8 vardagar
Nowadays, more and more areas of life are covered by legal regulations. It is necessary to have legal solutions that would help navigate through specific legal systems and support the exercise of rights guaranteed by the law. The proposed publication is a comprehensive study on free legal aid in terms of comparative law. It deals with theoretical and practical issues that constitute a source of knowledge about the shape of legal aid in individual countries. It is also an inspiration for entities creating and applying the law to find the optimal model of free legal aid.
Del 33 - Ius, Lex et Res Publica
Free Legal Aid – A Comparative Approach
Volume 2
Inbunden, Engelska, 2024
485 kr
Skickas inom 5-8 vardagar
The authors set the following research goals: 1) to define the concept of free legal aid, taking into consideration the standards of the Council of Europe (especially from the European Convention on Human Rights and soft law standards) and the Charter of Fundamental Rights of the European Union; 2) to pinpoint solutions in the field of free legal assistance on the example of the analysed countries as Belarus, France, Denmark, Germany, Hungary, Italy, Netherlands, Norway, Ukraine, United Kingdom, United United States of America, Poland, Switzerland, Spain, Sweden.