Dissertations / Theses on the topic 'Protection of the rights of judges'
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Verde, Rui Alexandre de Almeida dos Santos. "The harmonious constitution : judges and the protection of liberty." Thesis, University of Newcastle Upon Tyne, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.323452.
Full textКовалюмнус, Е. Л., and E. L. Kovalyumnus. "Правовий механізм захисту трудових та соціальних прав суддів в Україні." Thesis, КНУ ім. Т. Г. Шевченка, 2021. https://openarchive.nure.ua/handle/document/15694.
Full textPaiusco, Sara. "Nullum Crimen Sine Lege and the Role of Foreseeability in the European Human Rights Protection System. A European approach to the problem of judge-made law in Criminal Law." Doctoral thesis, Università degli studi di Trento, 2020. http://hdl.handle.net/11572/253554.
Full textBokolombe, Bompondo Godefroid. "Le juge constitutionnel et l'application des normes internationales et régionales de protection des droits fondamentaux : étude comparative des droits français, allemand et sud-africain." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1004.
Full textThe integration of international regional norms in national law is based on methods defined by the State. Doctrine has shaped two principles, monism and dualism, that rely on an essentially static vision of both society and law, as they are contrary to the pacta sunt servanda principle that binds the State. The State is obliged to execute in good faith all obligations it binds itself to. International and regional norms are no longer limited to inter-state relations or regulating, through extremely technical treaties; they are more and more dealing with the political power of each state and the manner in which fundamental rights are provided for and respected. On a national level, it is up to the constitutional judge to ensure respect of these rights that facilitate, therefore, the organising and harmonising of different systems. This role of “connector” that fundamental rights have in the context of interaction between norms of various origins results, to a great extent, in the universality of these aforementioned rights. The link between international and regional rights, on the one hand, and national law, on the other, surpasses the binary approach of monism – dualism and opens the door to a constructive pluralism, both from the point of view of the content of the rights, and from the point of view of the institutions that are entrusted with their protection. Therefore, the protection of fundamental rights functions through a system of a network, and no longer based on the pyramid model. Remains for this pluralism to be organised. The emergence of « transconstitutionalism » can be observed, as an order of legal orders, based on spontaneous harmonisation
Achouri, Faraj. "Les garanties des droits dans les constitutions des pays arabes." Thesis, Université de Lorraine, 2018. http://www.theses.fr/2018LORR0214.
Full textThe events that took place recently in some Arab countries since the end of 2011 showed the legal shortcomings in these countries with regard to the legal texts governing the rights and their constitutional and judicial guarantees. These events also showed the need to strengthen the guarantees of the rights set forth in the constitutional texts, the need to develop mechanisms to ensure respect by all. This has prompted several countries to make constitutional reforms or rewrite new constitutions in order to respond to popular demands. To understand the situation of rights and their guarantees in Arab constitutions, it is necessary to study, as a first step, the normative guarantees of rights. The objective is to examine the constitutional existence of the rights in the States because even before questioning their contents and their effective guarantee, one must already make sure that they are indeed legal norms. The principle of the separation of powers, which is one of the pillars of the rule of law, deserves to be examined in the Arab countries as an inseparable element of the guarantees of rights in the Constitution. In a second step, the role of the Arab judge in the protection of rights should be highlighted because the proclamation of rights alone is not enough to guarantee the rights against the threats against them, but let him be protected. It is therefore the judge who has the power to find violations of the rule of law and, if necessary, to punish them in order to ensure respect for the law. In this context, two types of judicial sanctions can be envisaged, by the constitutional judge and the judicial judge
El, Gadhafi Hamida. "La protection constitutionnelle des droits de l'Homme dans le monde arabe : étude comparée (Maroc, Algérie, Tunisie, Égypte)." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100048.
Full textThe constitutional protection of human rights in the Arab world is based on a complex process of democratization that has accelerated after the Arab Spring of 2011. The emergence of human rights is a strong political project in all the countries that are the subject of our study (Tunisia, Egypt, Algeria, Morocco) and shows us that the democratic concept, in its universalist sense, is not incompatible with Islam. The constitutionalization of human rights remains a major contribution of the constitutionalist movements that have made the constitution a supreme norm of the rule of law. Despite the instrumentalization of constitutions by Arab leaders and the misuse of the state of emergency, we are witnessing the growing role of the constitutional judge in the protection of fundamental freedoms (constitutional control) under the watchful eye of civil society and international community
Amit, Roni. "Judges without borders : international human rights law in domestic courts /." Thesis, Connect to this title online; UW restricted, 2004. http://hdl.handle.net/1773/10732.
Full textDedry, Kossi. "Le courage de juger au regard de l’indépendance et de l’impartialité du tribunal dans les mécanismes régionaux de protection des Droits de l’Homme." Thesis, Lyon, 2020. http://www.theses.fr/2020LYSE2020.
Full textThe achievement of a fair trial requires the courage to judge of the judge and the court. Faced with external or internal pressures, threats, political interference, corruption, intimidation of all kinds, the judge must show courage, courage of judging with complete independence and impartiality. The requirements of independence and impartiality of the court, enshrined in all regional human rights protection mechanisms, constitute the foundations of a fair trial and good justice. Indeed, in each regional human rights protection system, there are provisions relating to the requirements of independence and impartiality of the court. In the European system for the protection of human rights, we can cite Article 6, § 1 of the European Convention on Human Rights. In the inter-American system, Article 8, § 1 of the American Convention on Human Rights is an illustration. In the African system for the protection of human rights, these requirements of a fair trial are enshrined in Articles 26 and 7 §1 (d) of the African Charter on Human and Peoples' Rights. The good judge is therefore the one who sets himself/herself up as an independent and impartial third party. However, are the requirements of independence and impartiality of the court apprehended or appreciated in the same way from one regional system of protection of human rights to another? Is there circularity, interaction, normative borrowings between regional human rights protection systems? Is there a system that takes precedence over the others? Is there a dialogue of regional judges on the interpretation and guarantee of the requirements of independence and impartiality? These are some questions that this thesis attempts to answer
Caumes, Clémentine. "L'interprétation du contrat au regard des droits fondamentaux." Phd thesis, Université d'Avignon, 2010. http://tel.archives-ouvertes.fr/tel-00543319.
Full textYeremenko, A. "Human rights protection institute of jury." Thesis, Sumy State University, 2014. http://essuir.sumdu.edu.ua/handle/123456789/44926.
Full textC¸oban, Ali Riza. "Protection of property rights within the European Convention on Human Rights." Thesis, University of Leeds, 2002. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.680368.
Full textPils, Eva Maria. "Rights protection and justice in contemporary China." Thesis, University College London (University of London), 2005. http://discovery.ucl.ac.uk/1444669/.
Full textKariyawasam, Kanchana. "Moral rights protection in a copyright system /." [St. Lucia, Qld.], 2001. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe16318.pdf.
Full textNwagu, Chinedu Yves. "Counter-Terrorism and human rights protection in Uganda : preventing wrongs without violating rights." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/12573.
Full textA dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Henry Onoria, Faculty of Law, Makerere University, Kampala, Uganda.
LLM Dissertation (Human Rights and Democratisation in Africa -- University of Pretoria, 2009.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
Balasubramaniam, Usha. "Passengers' protection and rights in international civil aviation." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112598.
Full textCurrently, the international civil aviation community is faced with many challenges evolving from globalization, liberalization of economic regulations, privatization of airlines and airports, commercialization of government services providers, increasing environmental controls, and the emerge of new technologies. To deal effectively with these challenges and issues will require a high level of cooperation among civil aviation authorities, airlines, airports, and providers of air services and products. Airlines under the new free trade regimes have been exposed to many changes and although GATS has an important role to play in this important field, the convergence of economic, safety, security and environmental issues makes a strong case for keeping regulation in these critical issues under the ICAO aviation umbrella.
As air transport experiences structural, policy and regulatory environment changes, in the era of free trade it would be interesting to critically examine the impact of the aforementioned changes on the rights and protection of passengers. In this relation, it becomes very important to review the international, regional, and national efforts which have been made to enhance consumer protection and also have an important bearing on the rights of airline passengers. The thesis also addresses some emerging, non-traditional consumer protection issues, such as health, racial discrimination and the rights of disabled passengers.
In view of the above, the well-developed consumer protection regimes in the United States and the European Union (EU) would be examined in depth and the results of its analysis would be used to develop a suitable model airline passenger protection in the rapidly expending economies of the Asia and Pacific Region.
Hwacha-Chitanda, Virginia Shingairai. "International protection of refugees, a human rights perspective." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ35064.pdf.
Full textWest, Thomas Ernest Riversdale Barker. "Human and nonhuman rights approaches to environmental protection." Thesis, University of Nottingham, 2017. http://eprints.nottingham.ac.uk/43241/.
Full textXu, Xiaofei. "International protection of civil rights versus state sovereignty." Thesis, University of Ottawa (Canada), 1993. http://hdl.handle.net/10393/6603.
Full textMénard, Arnaud. "L'office des juges constitutionnels français des droits fondamentaux." Thesis, Normandie, 2020. http://www.theses.fr/2020NORMR023.
Full textThis thesis presents an original definition of fundamental rights. It relates to a study of the competences of French constitutional judges. These judges apply and classify fundamental rights. The identification and classification of fundamental rights are based on a criterion of priority of application, or "prevalence"
Davidov, Guy. "Judicial deference and the constitutional protection of human rights." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0007/MQ40986.pdf.
Full textBexell, Magdalena. "Exploring responsibility : public and private in human rights protection /." Lund : Dep. of Political Science, Lund Univ, 2005. http://www.gbv.de/dms/sub-hamburg/50338710X.pdf.
Full textNiwa, Sumiko. "Essays on Intellectual Property Rights Protection and Economic Growth." Kyoto University, 2018. http://hdl.handle.net/2433/232210.
Full textFoquiço, Cláudio Castigo. "Trade liberalisation and human rights protection under the SADC." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/12575.
Full textA dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof Fredrick Jjuuko, Faculty of Law, Makerere University, Kampala, Uganda.
LLM Dissertation (Human Rights and Democratisation in Africa -- University of Pretoria, 2009.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
Stehlík, V. "EU human rights protection under the Treaty of Lisbon." Thesis, Ukrainian Academy of Banking of the National Bank of Ukraine, 2009. http://essuir.sumdu.edu.ua/handle/123456789/60647.
Full textDube, Angelo Buhle. "Protection of the rights of persons living with disabilities under the African human rights system." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5441.
Full textThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Christine Dowuona-Hammond Faculty of Law, University of Ghana, Legon Accra.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
Swart, Sarah Jean. "Unaccompanied minor refugees and the protection of their socio-economic rights under human rights law." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8093.
Full textA Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr E.Y. Benneh of the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
Sargeant, Malcolm. "Implementation of the Acquired Rights Directive." Thesis, Middlesex University, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.337841.
Full textMunro, Lyle 1944. "Beasts abstract not : a sociology of animal protection." Monash University, School of Political and Social Inquiry, 2002. http://arrow.monash.edu.au/hdl/1959.1/7967.
Full textBatchelar, Timothy. "The protection of innovation and musical instrument industry." Thesis, De Montfort University, 2001. http://hdl.handle.net/2086/4127.
Full textLouw, Danielle. "Investigating South Africa's protection of refugee womxn: Refugee womxn's access to housing, inclusion into the labour market and protection from gender-based violence." Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/32774.
Full textLeepuengtham, Tosaporn. "The protection of intellectual property rights in outer space activities." Thesis, University of Nottingham, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.685428.
Full textMasabo, Juliana. "The protection of the rights of migrant workers in Tanzania." Doctoral thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/4665.
Full textIncludes bibliographical references.
This study examines the protection of migrant workers in Tanzania, a country which, in terms of current migration discourse, plays a threefold role, since it is a sending country, a transit country, and a receiving country. The study examines the adequacy of the laws that protect the rights of workers who leave their countries to take up employment in Tanzania. The national regulatory framework on labour migration is evaluated by using international, regional and sub-regional legal instruments that provide the standards for the protection of migrant workers. Comparative best practices from various countries are also described in order to examine and identify the gaps in the current legal and institutional framework. The study examines four key areas, namely, the admission of migrant workers and their access to the labour market, conditions of employment, freedom of association, and social security rights. These areas are examined by means of a thorough contextual, legal and policy analysis and an empirically based validation from which various observations and conclusions are made.
Straub, Karsta. ""Public health vs. human rights? : a human rights approach to non-smoker protection in Hong Kong" /." Thesis, View the Table of Contents & Abstract, 2006. http://sunzi.lib.hku.hk/hkuto/record/B38852093.
Full textFourie, Melanie. "Prosecuting sexual abuse of children : enhancement of victims rights vs protection of constitutional fair trial rights." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50431.
Full textENGLISH ABSTRACT: In 2002 the South African Law Commission published a report in which amendments to the existing rules of criminal procedure and evidence were proposed. A number of these recommendations have since been included in a Bill that was tabled before Parliament in 2003. The proposed amendments largely reflect values which underlie the "Victims' Rights" movement. The aim of this thesis is to consider the possible influence of these amendments on the constitutionally guaranteed fair trial rights of the accused. The study focuses on those amendments that play a role in the prosecution of alleged sexual offences against children, and shows that although the recognition of victims' rights is important, it should not be done at the expense of a fair trial. Dangers inherent to the proposed amendments are therefore highlighted. The rights of the accused are used to test the desirability or not of the proposed amendments. Foreign authority is used to support the argument made in the thesis.
AFRIKAANSE OPSOMMING: In 2002 het die Suid-Afrikaanse Regskommissie 'n verslag gepubliseer waann veranderings aan die huidige strafprosesreg- en bewysregreëls voorgestel word. 'n Aantal van hierdie voorgestelde wysigings is intussen opgeneem in 'n Wetsontwerp wat in Augustus 2003 voor die Parlement gedien het. Die voorgestelde wysigings reflekteer tot 'n groot mate waardes wat die "Victims' rights" beweging onderlê. Die doel van hierdie tesis is om die moontlike invloed van hierdie wysigings op die grondwetlik verskanste billike verhoor regte van die beskuldigde te ondersoek. Die ondersoek fokus op daardie veranderinge wat 'n rol speel in die vervolging van beweerde geslagsmisdade teen kinders. Daar word aangetoon dat alhoewel die erkenning van regte vir slagoffers belangrik is, dit nie ten koste van 'n regverdige verhoor gedoen kan word nie. Gevare verbonde aan die voorgestelde wysigings word dus uitgewys. Die regte van die beskuldigde word deurgaans gebruik om die wenslikheid al dan nie van die voorgestelde wysigings aan te toon. Buitelandse gesag word aangewend om die betoog te ondersteun.
Torres, Zúñiga Natalia. "Review (laws) for compliance and human rights multi-level protection in Inter-American Human Rights System." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/115501.
Full textEl presente artículo aborda aspectos relativos a la relación entre el control de convencionalidad y el proceso de constitucionalización del derecho internacional de los derechos humanos. Así, se establece un paralelo entre el control de convencionalidad y el control de constitucionalidad, a fin de determinar las características y el impacto de la aplicación del examen mencionado. El documento da cuenta de la configuración de un sistema de protección multinivel de los derechos fundamentales en Latinoamérica.
Komenda, Ryszard D. "The failure of the international system of protection of human rights: Ethnic and national minority rights." Thesis, University of Ottawa (Canada), 1996. http://hdl.handle.net/10393/10303.
Full textGrigalashvili, Mariam. "Taxpayers’ rights protection during exchange of information : Whether taxpayers’ rights (right to privacy, participation rights) aresufficiently protected during exchange of information." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-409537.
Full textSrinivasan, C. S. "International experience of plant variety protection : lessons from India." Thesis, University of Reading, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369090.
Full textHong, Sung Soo. "Regulatory dilemmas in human rights protection : an analysis of a national human rights institution as a solution." Thesis, London School of Economics and Political Science (University of London), 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.519789.
Full textSchmidt, Erwin Walter. "How should the protection of privacy, threatened by new technologies like radio frequency identification (RFID), be seen from a Judeo-Christian perspective?" Diss., 2011. http://hdl.handle.net/10500/8609.
Full textPhilosophy & Systematic Theology
M. Th. (Theological ethics)
Ferreira, Carlos Wagner Dias. "DIÁLOGO TRANSJUDICIAL DE DIREITOS HUMANOS FUNDAMENTAIS: Sistema Único de Proteção Judicial dos Direitos Humanos Fundamentais." Doctoral thesis, 2021. http://hdl.handle.net/10316/95203.
Full textA presente dissertação de doutoramento trata do fenômeno do diálogo transjudicial que se realiza entre juízes e tribunais nacionais, regionais, supranacionais e internacionais no âmbito da proteção dos direitos humanos e dos direitos fundamentais. A investigação parte, em princípio, de uma análise da mudança do papel pelo qual vem passando o Estado e, por conseguinte, o Poder Judiciário, no cenário de uma comunidade global, cada vez mais dialógico, rompendo com antigos paradigmas que concebem o direito como estrutura exclusivamente normativa, calcada em sua unidade e no perfil hierárquico, e, em seu lugar, busca construir uma concepção de direito produzido por juízes e tribunais que procura harmonizar o atual pluralismo de fontes e de narrativas normativas, oriundas de constituições e tratados e convenções internacionais de direitos humanos, e que possua uma feição heterárquica, à luz de um constitucionalismo global. Este trabalho utiliza como uma das matrizes filosófico-sociológicas o pensamento sistêmico de Niklas Luhmann, especialmente para explicar a relação entre decisões judiciais que sucedem no tempo no processo de incorporação de sentidos e de elementos de interpretação. Uma das preocupações do estudo consiste em edificar uma teoria geral do diálogo transjudicial de direitos humanos e de direitos fundamentais que demarque o que significa esse processo dialógico e de que forma ocorre, diferenciando-o de outras figuras afins, como o direito comparado e várias outras teorias de compatibilização entre o direito interno e o direito internacional. A teoria propugnada colima permitir o livre trânsito de sentidos e interpretações entre juízes e tribunais num único sistema de proteção, sem que seja necessário procedimentos formais de internalização de tratados e convenções internacionais ou mesmo de reconhecimento de status normativo de textos estrangeiros. O processo por meio do qual se desencadeia o diálogo transjudicial torna praticamente estéril a distinção entre direitos humanos e direitos fundamentais e entre sistemas nacionais, regionais, supranacionais e internacionais dos direitos do homem, podendo-se falar na existência de um verdadeiro sistema único e aberto de proteção de direitos humanos fundamentais. Esse diálogo transjudicial operacionaliza-se mediante processos de adoção do precedente dialogando como pressuposto argumentativo sintético (premissa decisória) que se incorpora à decisão dialogada, de análise argumentativa de fatos e aspectos jurídicos que diferencie (distinguishing) o caso dialogado submetido à apreciação do precedente apontado como paradigma decisório (diferenciação) ou do alargamento do âmbito aplicativo-normativo do precedente dialogando a incidir em um caso concreto, com base no raciocínio analógico (analogia). Os liames que se estabelecem entre os juízes e tribunais nacionais e internacionais, sobretudo entre as cortes regionais de proteção de direitos humanos, vêm conduzindo a formação de uma rede sistêmica que produz a incorporação circular de sentidos, de modo que as interpretações formam novos sentidos em um típico movimento circular entre as cortes dialogandas em um contínuo processo de enriquecimento e aprendizado na proteção dos direitos humanos fundamentais. Esse processo de diálogo transjudicial, ainda que obrigatório, não leva necessariamente à uniformização e homogeneização de entendimentos entre todos os tribunais dialogandos, porém acaba, nessa busca constante de aprimoramento interpretativo, fortalecendo a proteção dos direitos humanos fundamentais no plano dos tribunais nacionais.
The doctoral dissertation herein deals with the transjudicial dialogue phenomenon that takes place among national, regional, supranational and international judges and courts regarding the protection of human rights and fundamental rights. The investigation starts, in principle, from an analysis of the undergoing changing in the State role and, therefore, the Judiciary role, in the context of an increasingly dialogical global community, breaking old paradigms that conceive the law as exclusively normative structure, based on its unity and hierarchical profile, and instead seeks to build a conception of law produced by judges and courts that seeks to harmonize the current pluralism of normative sources and narratives, derived from constitutions and treaties and international human rights conventions, and has a heterarchic feature in the light of a global constitutionalism. This work uses as one of the philosophical-sociological matrices Niklas Luhmann's systemic thinking, especially to explain the relationship between judicial decisions that succeed in time in the process of meanings incorporation and elements of interpretation. One of the study's concerns is to build a general theory of transjudicial dialogue on human rights and fundamental rights that outlines what this dialogical process means and how it takes place, differentiating it from other similar figures, such as comparative law and several others compatibility theories between domestic and international law. The proposed theory collimates to allow the free movement of meanings and interpretations among judges and courts in a single system of protection, without the need for formal procedures of internalization of international treaties and conventions or even recognition of the normative status of foreign texts. The process whereby transjudicial dialogue is triggered makes the distinction between human rights and fundamental rights and among national, regional, supranational and international human rights systems practically sterile, and one can speak of the existence of a truly open and single protection system of fundamental human rights. This transjudicial dialogue is operationalized by adoption processes of the precedent dialoguing as a synthetic argumentative assumption (decision premise) that incorporates into the dialogued decision, argumentative analysis of facts and legal aspects that differentiates (distinguishing) the dialogued case submitted to the appreciation of the precedent pointed out as a decision-making paradigm (differentiation) or the widening of the applicative-normative scope of the precedent dialoguing to focus on a concrete case, based on analogical reasoning (analogy). The links among national and international judges and courts, especially regional human rights protection courts, have led to the formation of a systemic network that produces circular incorporation of meanings, so that interpretations form new meanings in a typical circular movement among the dialogical courts in a continuous enrichment and learning process in the protection of fundamental human rights. This process of transjudicial dialogue, although mandatory, does not necessarily lead to the standardization and homogenization of understandings among all dialoguing courts, but culminates in this constant search for interpretative improvement, strengthening the protection of fundamental human rights at the national courts level.
Pan, Yahui, and 潘雅惠. "The needs and connotation of judges’ continuing professional education–taking judges who trial civil protection-order for example." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/8cnbnh.
Full text國立中正大學
成人及繼續教育研究所
101
ABSTRACT Because of the judges learned less the issue about domestic violence from cultivating education, it is necessary to enhanced the talent of judges who trial civil protection-order by their continuing professional education. The purpose of this study is combine the law and adult education , try to find the needs and connotation of continuing professional education for judges who trial protection-order. The researcher collect and analyze the literature about domestic violence and continuing professional education theory at first, then by means of interview,focus group, questionnaire, to get the opinions of judges and experts. The conclusions of the research as follows: 1. The attitude and roles of judges who trial protection-order is important to stop domestic violence, and the needs and connotation of their professional education . 2. The professional education of judges who trial protection-order is not enough, so their knowledge and ability should be promoted through continuing professional education. 3. The continuing professional education system of the judges have not established. 4. This study is based on the theory of domestic violence and continuing education , by appropriate research methods, find the needs and connotation of professional continuing education for the judges ,so this study can be implement. 5. The continuing professional education program planning for the judges can base on the needs assessment and connotation in this study. 6. Law and adult education profession should be combined to developing the continuing professional education of judges who trial protection-order systematically . On the basis of the results mentioned above, the researcher also addresses some suggestions for the attitude ,planning, course contents, promotion , application, and follow-up researches of continuing profession education for the judges who trial protection-order in the future.
Wang, Mei-shu, and 王美書. "A Study on Court Experiences of Protection Order: from Judges’ and Battered Women’s Perspective." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/44944963413050361709.
Full text國立臺灣大學
社會工作學研究所
95
The main purposes of this research are oriented to explore the experiences of battered women in processing application of civil protection order (CPO), and to examine judges’ behaviors in the courtroom from an empowerment theory perspective. This is an exploratory study by using qualitative method to collect data through in-depth interviews of 5 judges and 9 battered women. The major finings are as followings. First, all judges interviewed tend to have empowerment practices when they review CPO applied by battered women. Traditionally, the judges are verdict-centered in terms of court behaviors; however, in the cases of CPO, they seem to utilize solution-based approach to empower the clients-from battered women to abusers. Their court practices have focused not only on evidences provided by parties but on reconfirming the CPO’s application of battered women, on explaining the function and limitation of CPO to both parties, on dealing with the anger occurred from abusers in the court. The roles they have played include educating, counseling and resources referral to achieve better solutions for the cases of marital violence. Second, battered women come to the court with four kinds of needs such as “safety”, “avoiding fear and isolation”, “good interaction with judges” and “enabling personal power”. They are always full of nervousness and fear in the beginning. They may be ease when they attend court more times, or accompanied by social workers, or treated well by judges. Third, the study finds out empowering elements including both the context and particular behaviors to empower battered women. It is clear that any service provider or system should respond to particular needs of battered women responsively. As to empowering context which contains “maintaining safe environment”, “alliance with battered women”, “good interaction between judges and women”, “growth groups for battered women” and “therapeutic relationship between women and counselors”. Also, several particular behaviors with potential to empower battered women include “judges’ exercising their power towards battered women friendly”, social workers’ accompany and preparing women to the court through discussion with women for safety plans and legal issues concerning CPO. Finally, the suggestions concluded from the findings are as follows: i) Make domestic violence court social workers one kind of formal mechanism to respond to the need of battered women. ii) Prepare family court judges to practice for the purpose of empowering women. iii) Conduct systematic studies about the courting experiences of battered women. iv) Develop court watching programs to supervise court workers, especially judges. v) Make court social workers offering legal services more precisely and professionally. vi) Court social workers may empower women through group work. vii) Develop assessment tool in the view of empowerment to evaluate process and outcome of services for battered women.
Lin, Ruei-Feng, and 林瑞豐. "A Study on the Taxpayer Protection under the Aspects of the TAIWAN’S Grand Judges." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/41418133225606656223.
Full text江宥萱. "The study of temporary worker's rights protection." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/53453058188494295697.
Full textyeh, steve, and 葉一忠. "Technology Transfer and Intellectual Property Rights Protection." Thesis, 1998. http://ndltd.ncl.edu.tw/handle/60483008312232821306.
Full textChang,Yi-ming and 張益銘. "The Protection of Rights for University Professor." Thesis, 1995. http://ndltd.ncl.edu.tw/handle/01445159001543386119.
Full textTSENG, YI-KAI, and 曾翊凱. "Third Party Payment and Consumer Rights Protection." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/29882b.
Full textHsu, Tsung-Hsien, and 徐宗賢. "Tax Re-Examination and Taxpayers' Rights Protection." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/38404974479823078664.
Full text國立臺北大學
法律學系一般生組
101
Tax re-examination procedure is a mandatory procedure preceding the administrative appeal or litigation when one disagrees with the decision made in a tax assessment. Due to the paucity of Tax Collection Act, which has only three clauses, there are disputes between Administrative Procedure Theory and Administrative Remedy Theory in the properties of the Tax re-examination procedure between practice and theory. This influences the effectiveness of tax re-examination decision that is made afterward, and causes the dispute that whether to levy the interests which comes in the period. Besides, the judicial judgments mostly adopt Theory of Ruling and Theory of Dispute Point, and also adopt the principle of disadvantage prohibition, which have developed into an injury of the right of the taxpayers. What is more, the regulation of re-examined in Article 58 of Administration Appeal Act apparently overlap the functions and objectives of tax re-examination regime. Therefore, the requests of the abolition of tax re-examination regime have emerged. This thesis, with a view focusing on prevalent law and theory, discusses the theory and practice of taxpayer’s right protection in the aspect of right relief (the right of litigation). Also, in the viewpoint of comparative law, this thesis compares the functions and objectives of regime in German and Japanese translation documents with that of our nation. In addition, in reference of German and Japanese law, this thesis discusses the dispute of tax re-examination procedure as mentioned above, in order to find the solution and to discuss whether to abolish the regime or not. This thesis holds the view that tax re-examination regime still has its objectives and is necessary. It is improper to annul it abruptly. The controversy it causes can be avoided by legislation. Yet considering the administrative litigation regime has just altered into the three-level-two-hearing system, tax re-examination procedure should be changed into Optional Institution, in order to poise the right that taxpayers to access the court directly, the fulfillment of right that taxpayers seek right remedy, and the state that taxpayers don’t highly trust in the decisions that the administrative system made, before the professional court and judge system is not fully established in our nation. Taxpayers can voluntarily choose the ways either to petition for re- examination→administrative appeal→administrative litigation, or petition for administrative appeal→administrative litigation, as the transitional phase before the abolition of tax re-examination procedure regime.
Chen, Jin-yi, and 陳瑾怡. "Intellectual Property Rights Protection for Generic Drugs." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/36904967335143254632.
Full text逢甲大學
財經法律研究所
102
Because research and development of new drugs have to spend considerable money and time, patent law allow manufacturer of new drugs have marketing exclusivity for a period of twenty years and it can be able to sell new drugs for a good price. As a patent owner, beside twenty years of patent terms, if the requirement is fulfilled, manufacturer of new drugs also can file extension of patent term. They can also seek protection through patent linkage or data exclusivity system. In other words, patent protection attracts and encourages more manufacturers of new drugs to go to research and development new drugs. In recent years, every country had tremendously increased their healthcare expenditure, in Taiwan, aging population increase sharply makes medical budget rise up every year. High-price brand drugs had already cause every country of the world into economic crisis in times of financial stringency. Out of Humanitarian concern, and in order to mitigate their financial burden, many countries have started to amend their laws to bring generic drugs going to market earlier. Some of those efforts to impose restrictions on drug patent, are to list essential medicines, which are prohibited to obtain patent protection, section 2 of TRIPs Agreement clear states:”Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment”. The current step adopted by Taiwanese government is to attack brand drugs price by reducing NHI drugs price when the drug patent terms is due. However, only price preponderance is not enough, the three-same policy must follow: the same ingredients, the same quality and to adjust to the same price. In part of the same quality, it needs more time to prove that the quality of generic drugs are no less than the brand drugs.