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Author: Grafiati

Published: 11 March 2023

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1

Imai, Susumu. Protection for sale or surge protection? Cambridge, Mass: National Bureau of Economic Research, 2006.

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2

Singh, Rishi Pal. Double jeopardy, constitutional and statutory protection. Delhi, India: Surjeet Publications, 1991.

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3

Postnikov, A. The legal status of a person and a citizen in a changing world. ru: INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1911600.

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The monograph solves two interrelated tasks: the theoretical definition of the modern content of the constitutional and legal status of the individual in our country in the context of the development of constitutional legislation, international law and the experience of legal regulation in foreign countries; the establishment of the most significant trends in the development of the legal status of the individual, causing changes in constitutional doctrine, legislation and law enforcement practice. The role of constitutional legislation in the realization of constitutional rights and freedoms of citizens is analyzed. Particular attention is paid to the problem of the existence of "parallel" regulation and personality at the level of the Constitution and current legislation. The issues of the influence of regional legislation on the development of the constitutional and legal status of the individual are considered separately. It is shown that different regulatory approaches are applied in this regard in different subjects of the Federation. Taking into account the fact that the legal status of an individual, along with rights and freedoms, is also formed by the duties of an individual, the essence and directions of the development of institutions of duties and responsibility are revealed. For readers interested in modern problems of constitutionalism, human rights and their protection.

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4

La protection de l'identité constitutionnelle de la France. Paris: Dalloz, 2015.

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5

Commission, South African Law. Constitutional models: Summary of report. Pretoria [South Africa]: The Commission, 1991.

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6

E, Anderson James. Effective protection redux. Cambridge, MA: National Bureau of Economic Research, 1996.

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7

Seidman, Louis Michael. Constitutional law: Equal protection of the laws. New York: Foundation Press, 2003.

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8

Hamann, Richard G. Constitutional issues in local coastal resource protection. Gainesville, FL: Florida Sea Grant College, 1986.

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9

Tokarick, Stephen. Does import protection discourage exports? [Washington, D.C.]: International Monetary Fund, Research Dept., 2006.

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10

Grossman, Gene M. Protection for sale. Cambridge, MA: National Bureau of Economic Research, 1992.

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11

Grossman, Gene M. Protection for sale. London: Centre for Economic Policy Research, 1993.

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12

K, Tsagourias Nikolaos, ed. Transnational constitutionalism: International and European models. Cambridge, UK: Cambridge University Press, 2007.

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13

Mathematical models in environmental problems. Amsterdam: North-Holland, 1986.

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14

Michalowski, Sabine. German constitutional law: The protection of civil liberties. Aldershot, Hants, England: Ashgate/Dartmouth, 1999.

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15

Asbjørn, Kjønstad, ed. Trygderettighetenes grunnlovsvern =: Constitutional protection of social security benefits. [Oslo]: Ad Notam Gyldendal, 1994.

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16

Bagwell, Kyle. Protection and the business cycle. Cambridge, MA: National Bureau of Economic Research, 1995.

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17

Johannson, Joan. Three models of child welfare: Protection, prevention, empowerment. Winnipeg: Hybrid Publishing Producers Co-operative Ltd, 2001.

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18

Goldberg, Pinelopi Koujianou. Protection for sale: An empirical investigation. Cambridge, MA: National Bureau of Economic Research, 1997.

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19

Luchaire, François. La protection constitutionnelle des droits et des libertés. Paris: Economica, 1987.

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20

Greene, Anne Marie. Designs and utility models throughout the world. [St. Paul, Minn.]: Thomson/West, 2003.

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21

Muermann, Alexander. Self-protection and insurance with interdependencies. Cambridge, MA: National Bureau of Economic Research, 2007.

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22

Zhou, Jianping. Reforming employment protection legislation in France. [Washington, D.C.]: International Monetary Fund, European Dept., 2006.

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23

Muermann, Alexander. Self-protection and insurance with interdependencies. Cambridge, Mass: National Bureau of Economic Research, 2007.

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24

Grossman, Gene M. Foreign investment with endogenous protection. Cambridge, MA: National Bureau of Economic Research, 1994.

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25

Bottin, Robert R. Effects of wave action on a hurricane protection structure for London Avenue Outfall canal, Lake Pontchartrain, New Orleans, Louisiana: Hydraulic model investigation. [Vicksburg, Miss: U.S. Army Engineer Waterways Experiment Station, 1987.

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26

International Commission on Radiation Units and Measurements., ed. Phantoms and computational models in therapy, diagnosis, and protection. Bethesda, Md., U.S.A: International Commission on Radiation Units and Measurements, 1992.

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27

Roberto, Setola, Wolthusen Stephen D, and SpringerLink (Online service), eds. Critical Infrastructure Protection: Information Infrastructure Models, Analysis, and Defense. Berlin, Heidelberg: Springer Berlin Heidelberg, 2012.

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28

Carraro, Carlo. Strategies for the international protection of the environment. London: Centre for Economic Policy Research, 1991.

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29

V, Bolgov Mikhail, ed. Hydrological models for environment management. Dordrecht: Kluwer Academic Publishers, 2002.

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30

Rakesh, Karna, and SUPPORT Nepal (Organization), eds. Minority rights protection in federal system: Report of constitutional roundtable. Kathmandu: SUPPORT Nepal, 2012.

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31

A community of equals: The constitutional protection of new Americans. Boston: Beacon Press, 1999.

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32

Swinnen, Johan F. M. A positive theory of agricultural protection. Ithaca, N.Y: Dept. of Agricultural Economics, New York State College of Agriculture and Life Sciences, Cornell University, 1991.

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33

Leahy, Dermot. Learning by doing, precommitment and infant-industry protection. Dublin: University College Dublin, Department of Economics, 1994.

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34

Lanjouw, Jean Olson. Patent protection: Of what value and for how long? Cambridge, MA: National Bureau of Economic Research, 1993.

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35

Facchini, Giovanni. Protection for sale with imperfect rent capturing. Cambridge, MA: National Bureau of Economic Research, 2005.

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36

Eskeland, Gunnar S. Environmental protection and optimal taxation. Washington, D.C: World Bank, Development Research Group, Public Economics, 2000.

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37

Karege, Anicet. Les normes constitutionnelles de protection des droits de l'homme au Rwanda. Paris: Edilivre-Aparis, 2009.

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38

La protection constitutionnelle des droits fondamentaux en Afrique: L'exemple du Sénégal. Paris: Harmattan, 2007.

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39

Keely, Joseph Francis. The use of models in managing ground-water protection programs. Ada, Okla: Office of Research and Development, U.S. Environmental Protection Agency, Robert S. Kerr Environmental Research Laboratory, 1987.

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40

Ohnsorge, Franziska. Sorting it out: International trade and protection with heterogeneous workers. Cambridge, MA: National Bureau of Economic Research, 2004.

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41

Ohnsorge, Franziska. Sorting it out: International trade and protection with heterogeneous workers. Cambridge, Mass: National Bureau of Economic Research, 2004.

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42

Schickedanz, Willi. Nationale und internationale Geschmacksmusteranmeldung: Ein Überblick über das nationale Recht in 51 Staaten und die internationalen Verträge. Weinheim: VCH, 1985.

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43

Tajikistan. Qonuni Jumḣurii Tojikiston "Dar borai namunaḣoi sanoatī" =: Zakon Respubliki Tadzhikistan "O promyshlennykh obrazt︠s︡akh" = Law of the Republic of Tajikistan "On industrial designs.". Dushanbe: Vazorati iqtisod va savdoi Jumḣurii Tojikiston, 2008.

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44

Stone Sweet, Alec, and Jud Mathews. Proportionality Balancing and Constitutional Governance. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198841395.001.0001.

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This book focuses on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality as the central method for protecting rights. In doing so, judges positioned themselves to review all important legislative and administrative decisions, and to invalidate them as unconstitutional when they fail the proportionality test. The result has been a massive—and global—transformation of law and politics. The book explicates the concepts of “trusteeship,” the “system of constitutional justice,” the “effectiveness” of rights adjudication, and the “zone of proportionality.” A wide range of case studies analyze: how proportionality has spread, and variation in how it is deployed; the extent to which the U.S. Supreme Court has evolved and resisted similar doctrines; the role of proportionality in building ongoing “constitutional dialogues” with the other branches of government; and the importance of the principle to the courts of regional human rights regimes. While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the heart of governance in the modern constitutional state and beyond.

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45

Sweet, Alec Stone, and Clare Ryan. Constitutional Pluralism and Transnational Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825340.003.0004.

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In Europe, a cosmopolitan legal order was instantiated through the combined impact of Protocol no. 11 of the ECHR (1998), and the incorporation of the Convention into national legal systems. As a result, two processes—(i) the evolution of constitutional pluralism at the national level; and (ii) the development of rights protection at the transnational level—became causally connected to one another. The first undermined traditional models of domestic orders wherein the notions of constitutional unity and centralized sovereignty reinforced one another. The second process created a multi-level legal system whose effectiveness depends on the extent to which the European Court is able to induce and sustain the cooperation of national courts and officials. The constitutionalization of the proportionality principle, at both the domestic and transnational levels, provided a doctrinal interface for inter-jurisdictional dialogue, and the collective enforcement of the UPR.

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46

Attanasio, John. The Direct Judicial Protection of Property Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190847029.003.0003.

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The U.S. Supreme Court thought that protecting private property was necessary to protecting political autonomy. In Lochner v. New York, the Court expanded its concept of property rights to include liberty, not just from having one’s property physically taken, but also liberty from having one’s property regulated. The Court viewed its federalism and liberty of contract jurisprudence analogously as both areas protected individual liberty by limiting the power of government. During the 1930s, Court decisions invalidated key portions of President Franklin Roosevelt’s New Deal. Against the backdrop of the Great Depression, these decisions precipitated a constitutional crisis. United States v. Carolene Products was a blueprint for the way forward. Protecting economic liberty was reconceptualized as a multifaceted calculus that necessitated the careful balancing of competing interests in a highly complex, modern economic milieu. Beyond protecting against outright takings of property, the elected branches seemed better structured and staffed for this task.

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47

Schoeller-Schletter, Anja, ed. Constitutional Review in the Middle East and North Africa. Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://dx.doi.org/10.5771/9783748912019.

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Ten years after the Arab Spring, many parts of the Middle East and North Africa are struggling with the consequences of armed conflict, a balance of power tilted in favour of the executive and challenges to the rule of law. However, institutions charged with conducting constitutional review have been reformed substantially in most of the countries in those regions. A pioneer effort, this book offers first-hand insights by renowned practitioners and scholars into constitutional review in the Middle East and North Africa, discerning commonalities and differences from a comparative perspective. Structured along selected topics of interdisciplinary relevance—judicial independence, protection of fundamental rights, control of electoral law, and religious law in the constitutional order—the publication highlights the current state of constitutional review in the region: reference models, major develop-ments, challenges and trends. Anja Schoeller-Schletter is a lawyer and historian focusing on comparative constitutional law in North Africa and the Middle East. She designed the project behind this publication in her capacity as the Head of the Rule of Law Programme Middle East/North Africa in Beirut, Lebanon, a programme funded by the Konrad-Adenauer-Stiftung.

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48

Raju, Ramachandran. Part VIII The Government’s Legal Personality, Ch.55 Public Employment and Service Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0055.

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This chapter examines relevant provisions of the Indian Constitution with respect to public employment and service law. In particular, it considers the Indian Constitution’s regulation of civil servants and the constitutional controversies surrounding the often-competing ideals of bureaucratic independence and bureaucratic responsiveness. After providing a historical overview of the Indian bureaucratic structure, the chapter turns to the debates in the Indian Constituent Assembly over the place for an independent civil service in a modern, democratic nation such as India. It then considers the constitutional status of the civil service, paying special attention to provisions relating to terms of service and constitutional protections for civil servants. It also explores the question of administrative reforms and their implications for the civil service in India.

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49

Bihari, Otto. Constitutional Models. Akademiai Kiado, 2002.

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50

Constitutional models: Report. [Pretoria]: The Commission, 1991.

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