Proportionality and Judicial Activism tests this hypothesis empirically; it systematically and comparatively analyses the fundamental rights jurisprudence of the Canadian Supreme Court, the German Federal Constitutional Court and the South African Constitutional Court.
The book shows that the proportionality test does give judges a considerable amount of discretion. However, this analytical openness does not necessarily lead to judicial activism. Instead, judges are faced with significant institutional constraints, as a result of which all three examined courts refrain from using proportionality for purposes of judicial activism. The fourth volume of the World Bank Legal Review contains essays that examine how innovations in law, and efforts to empower the poor, can help achieve development objectives.
It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law Islamic, African, Asian, Latin American legal systems.
This book encompasses a broad range of natural resource sectors, with discrete chapters on water, land, forestry, fisheries, mining, petroleum and agriculture. Given this broad range of areas, the focus of the publication is narrowed to provide an overarching holistic perspective that is supportive of a systems-thinking approach. Recognizing that there are many useful publications elsewhere that detail extensively the specific regulatory elements of sound laws in the respective areas, this book offers the specific prism of highlighting approaches that embrace the pillars of sustainable development, i.
Offering a unique conceptual approach to the Law of Treaties this insightful Research Handbook not only sets out the foundational issues, but identifies tensions within the field, including formalism vs flexibility, integrity vs flexibility, and unifor.
This book examines the role and potential of derivative actions in shareholder protection in public limited companies. Nevertheless, there remain jurisdictions, such as Greece, which are still devoid of this remedy.
Against this backdrop, this book examines whether and how the derivative action may improve shareholder protection, constituting thus a mechanism that justifies legislative attention. It does so in three parts. First, it analyses the desirable role derivative actions assume in protecting shareholder property, monitoring corporate management and mitigating agency costs, alongside their economic implications, introducing the reader to the contemporary international debate on the topic. Having set the desiderata, the second part proceeds with the comparative analysis of Greek, German and UK law — jurisdictions that have recently reformed their provisions on shareholder protection — examining not only the law on derivative actions and their Greek counterpart remedy but also mechanisms of shareholder protection that do, or could, assume functions similar to those of the derivative action.
Written in an accessible format, it will be an invaluable resource for anyone interested in this important aspect of company law and corporate governance. This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined.
The work thus identifies the mutual interactions between national constitutional courts and international tribunals in terms of their law-making activity. The chosen countries include constitutional courts which have been recently captured by populist governments and subordinated to political powers. Therefore, one of the purposes of the book is to identify the change in the law-making activity of those courts and to compare it with the activity of constitutional courts from countries in which democracy is not viewed as being under threat.
Written by national experts, each chapter addresses a series of set questions allowing accessible and meaningful comparison. We cannot guarantee that every book is. As a Legislative State Auditor, he served as an audit in-charge for three of the five years primarily on college and university audits. He reviews financial statement audits for adherence to the above principles and standards, as well as to AICPA auditing standards. He is responsible for responding to all due process documents of the above standard setters, as applicable.
He was president of the Nashville AGA chapter for the program year. He is also a alumni of the Tennessee Government Executive Institute. Your leadership ability always determines your effectiveness and the potential impact of your organization. Your level of effectiveness would look like this:. The Law of the Lid cont. Leadership has a multiplying effect. To reach the highest level of effectiveness, you have to raise your leadership lid. It comes only from influence, and that cannot be mandated.
It must be earned. If you continually invest in your leadership development, the inevitable is growth over time. And the learning process is ongoing, a result of self-discipline and perseverance. The Law of Navigation u Anyone Can Steer the Ship, but It Takes a Leader to Chart the Course n First-rate navigators always have in mind that other people are depending on them and their ability to chart a good course.
When you prepare well, you convey to people confidence and trust. The Law of Navigation cont. Lay out your goals. Adjust your priorities. Notify key personnel. Allow time for acceptance. Head into action. Expect problems. Always point to the successes. Daily review your plan. The Law of Addition u. Leaders Add Value by Serving Others u. Adding Profits by Adding Value u. The Law of Addition cont. There is one critical question: Are you making things better for the people who follow you?
Attitude of the Leader u The attitude of the leader affects the atmosphere of the office. If you desire to add value by serving others, you will become a better leader. And your people will achieve more, develop more loyalty, and have a better time getting things done than you ever thought possible. The Law of Solid Ground u. Trust Is the Foundation of Leadership n Trust is the foundation of leadership. By consistently exemplifying competence, connection and character.
The Law of Solid Ground cont. Trust is the foundation of leadership. Violate the Law of Solid Ground, and you diminish your influence as a leader. The Law of Intuition u Leaders evaluate everything with a leadership bias u Based on facts coupled with instincts plus other intangible factors u Often separates the great leaders from the merely good ones. Leaders are readers:. The Law of Intuition cont.
The Law of Magnetism u. Who you are is who you attract u. In most situations, you draw people to you who possess the same qualities you do. Who you are is who you attract. If you want to attract better people, become the kind of person you desire to attract.
The Law of Connection u. Leaders touch a heart before they ask for a hand n For leaders to be effective, they need to connect with people. How do you connect with people? The Law of Connection cont.
If you can answer yes to these questions, then they are excellent candidates for your inner circle:. Who is an excellent candidate? Surround yourself with high performers that extend your influence beyond your reach and help you to grow and become a better leader.
The Law of Empowerment u Only secure leaders give power to others n If you want to be successful, you have to be willing to empower others. Train yourself to embrace change. Become change agents. The best leaders have a strong self-worth. But if you want to be successful as a leader, you have to be an empowerer. A weak leader worries that if he helps subordinates, he may become dispensable. However, the best way to make yourself indispensable is to make yourself dispensable. If you learn to empower others and help them develop, you will become even more valuable to the organization.
Empowerment brings constant change because it pushes people to grow and innovate. Change becomes the price of progress, but many try to avoid change at all costs.
Many people obtain their personal value and self-esteem from their job and position. If you try to change that, you become a threat. But for those who have self-confidence, change becomes a stimulus, because it brings new opportunities that they are wiling to explore. But you can take that a step farther. I believe the greatest things happen only when you give others the credit.
Abraham Lincoln was truly gifted at giving his power and authority to others. His name was Abraham Lincoln. Most presidents choose allies for those important positions, but Lincoln took another approach. He not only selected former political rivals for cabinet posts, but he deliberately surrounded himself with all of his former disappointed antagonists to the presidency.
A biographer said:. If you want to be a successful leader, you must learn how to empower others. Here are a few ideas for empowering leaders. In business, they give bonuses to people who sacrifice others so that they may gain. The Law of Empowerment is all about sacrificing yourself so that the people around you may gain the knowledge and experience they need.
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