Search for dissertations about: "fundamental rights"
Showing result 1 - 5 of 52 swedish dissertations containing the words fundamental rights.
-
1. The ECJ's Adjudication of Fundamental Rights Conflicts : In Search of a Fair Balance
Abstract : This dissertation examines how the European Court of Justice (ECJ) adjudicates conflicts between fundamental rights. It has the two-fold purpose of surveying and analysing the Court’s case law to identify the methods currently being employed, and to make suggestions on how the methodology can be improved. READ MORE
-
2. EU Fundamental Rights and National Democracies : Complementary or Contradictory?
Abstract : The question asked in this thesis is: what is the impact on the democratic legitimacy of the legal orders of the member states of the EU, where the meaning of EU fundamental rights is determined by the Court of Justice of the EU. It begins by developing a theoretical framework which reconstructs the deep structure of the law of the member states, in order to understand the ground of legitimacy for national law. READ MORE
-
3. 3D property rights : an analysis of key factors based on international experience
Abstract : The objectives of this thesis are to establish the fundamental principles in the field of 3D property rights by studying such systems in different countries with a particular focus on management questions, to systemize the acquired knowledge and demonstrate different ways of dealing with key factors essential to a well-functioning 3D property rights system. A theoretical background to the 3D property concept is given by presenting proposals as to a definition of 3D property and a classification of the primary forms of 3D property rights examined into specific types and categories, as well as an overview of international 3D property use. READ MORE
-
4. Nature, culture, rights : exploring space for indigenous agency in protected area discourses
Abstract : There is considerable geographical overlap between areas set aside for nature conservation or protection and Indigenous peoples’ lands, and the social, economic, and political consequences of protected areas have often been extensive for Indigenous peoples. Discourses of conservation converge with discourses of Indigenous peoples, and both carry a legacy of colonial constructs and relationships. READ MORE
-
5. The Proportionality Principle as a Tool for Disintegration in EU Law – of Balancing and Coherence in the Light of the Fundamental Freedoms
Abstract : This thesis analyses the operations of the principle of proportionality when the Court of Justice reviews national measures that restrict the fundamental freedoms laid down in the EU Treaties. That judicial review often entails balancing of rights, and this study is a quest for coherence in the adjudication of different, and at times perplexing legal norms, of various national and international origins Many have held that the principle of proportionality is applied in EU law as a tool for integration. READ MORE
