Those who believe – including those who believe divergently and those who disbelieve – can clash in daily life with others who believe or disbelieve differently. They can come into conflict with... Show moreThose who believe – including those who believe divergently and those who disbelieve – can clash in daily life with others who believe or disbelieve differently. They can come into conflict with laws and regulations or with state institutions that disturb, interfere with their lives based on those beliefs. When these conflicts reach the courts, they are adjudicated under the freedom of religion and belief. Sometimes, similar cases lead to different outcomes in different jurisdictions. The notion that judicial interpretation matters for human rights is almost uncontested. This study is interested in the standard interpretations of the freedom of religion and belief by the Supreme Court of Canada, the Constitutional Court of South Africa, and the European Court of Human Rights. From each of these Courts, 15 cases were selected and systematically analyzed to reconstruct the standard interpretations. They have been compared to find similarities and differences, in terms of optimal protection of believers. The study also analyses and compares the standard interpretations from the perspective of Cass Sunstein’s judicial minimalism. The ultimate goal is to find best practices for optimal protection of believers in the judicial interpretation of the freedom of religion and belief and to enable possible judicial borrowing. Show less
Since the second half of the 1990s, the Chinese government has made an intensive effort to control ongoing natural resource losses. In order to curb the loss of arable land and the environmental... Show moreSince the second half of the 1990s, the Chinese government has made an intensive effort to control ongoing natural resource losses. In order to curb the loss of arable land and the environmental destruction caused by air and water pollution, central level leadership amended existing legislation, making it stricter and more specific. In addition, the centre organized enforcement campaigns to overcome local resistance against the implementation of the amended laws. In an effort to understand the effects these changes had at the local level, this book details how they influenced compliance with natural resource legislation at Lake Dianchi in Yunnan province. This book combines local case studies with theories about lawmaking, compliance, and enforcement, derived from Western and non-Western contexts. Doing so, it offers a unique body of empirical and theoretical knowledge for those interested in how law functions in China, as well as those interested in the workings of regulatory lawmaking, compliance, and enforcement in a comparative perspective Show less
This book ('The reliance principle and contractual liability: an inquiry into the dogmatics of contract law') aims to be a contribution to the field of civil law and legal theory. lts central theme... Show moreThis book ('The reliance principle and contractual liability: an inquiry into the dogmatics of contract law') aims to be a contribution to the field of civil law and legal theory. lts central theme is the question whether it is possible to give an alternative foundation of contractual liability, given the fact that the so called reliance principle' ('Vertrauensprinzip') does not meet the standards of legal dogmatics in an appropriate manner. Thus it should be stressed that this book is not only concerned with the role of the reliance principle as a basis of liability in contemporary law, but also with the character of (continental-European) civil law itself. The nine chapters of the book can be read as one elaborated argument on the desired foundations of contract law. Show less
