Long before the coming of the Bill of Rights in written Constitutions, the common law has had the greatest regard for the personal liberty of the individual. In order to safeguard that liberty, the remedy of habeas corpus was always available to persons deprived of their liberty unlawfully. This ancient writ has been incorporated into the modern Constitution as a fundamental right and enforceable as other rights protected by virtue of their entrenchment in those Constitutions. This article aims to bring together the various understanding of habeas corpus at common law and the principles governing the writ in common law jurisdictions. The discussion is approached through a twelve-point construct thus providing a brief conspectus of the subject matter, such that one could have a better understanding of the subject as applied in most common law jurisdictions. |
Search result: 1072 articles
Article |
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Journal | Erasmus Law Review, Issue 2 2021 |
Keywords | Habeas corpus, common law, detainee, Consitution, liberty |
Authors | Chuks Okpaluba and Anthony Nwafor |
AbstractAuthor's information |
Article |
The Impact of VAAs on Vote Switching at the 2019 Belgian Legislative Elections: More Switchers, but Making Their Own Choices |
Journal | Politics of the Low Countries, Issue Online FIrst 2021 |
Keywords | voting advice applications, vote switching, vote choice, elections and electoral behaviour, voters/citizens in Belgium, VAA |
Authors | David Talukder, Laura Uyttendaele, Isaïa Jennart e.a. |
AbstractAuthor's information |
During electoral campaigns, the use of voting advice applications (VAAs) has become increasingly widespread. Consequently, scholars have examined both the patterns of usage and their effects on voting behaviour. However, existing studies lead to conflicting findings. In this article, we take a closer look at the effect of De Stemtest/Test électoral (a VAA developed by academics from the University of Louvain and the University of Antwerp, in partnership with Belgian media partners) on vote switching. More specifically, we divide this latter question into two sub-questions: (1) What is the impact of a (dis)confirming advice from the VAA on vote switching? (2) Do VAA users follow the voting advice provided by the VAA? Our study shows that receiving a disconfirming advice from the VAA increases the probability of users to switch their vote choice. |
Rulings |
ECJ 23 September 2020, Case C-777/18 (Vas Megyei Kormányhivatal (Soins de santé transfrontaliers)), Free Movement, Social InsuranceWO – v – Vas Megyei Kormányhivatal, Hungarian case |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Free Movement, Social Insurance |
Abstract |
In principle, healthcare received on initiative of an insured person, in another Member State than the Member State of residence, constitutes ‘scheduled treatment’ within the meaning of Article 20 of Regulation 883/04/EC, the reimbursement of which is subject to prior authorization. This can be different in ‘individual circumstances’. |
Pending Cases |
Case C-426/20, Temporary Agency WorkGD and ES – v – Luso Temp – Empresa de Trabalho Temporário, S. A., reference lodged by the Tribunal Judicial da Comarca de Braga – Juízo do Trabalho de Barcelos (Portugal) on 10 September 2020 |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Temporary Agency Work |
Pending Cases |
Case C-389/20, Gender DiscriminationCJ – v – Tesorería General de la Seguridad Social, reference lodged by the Juzgado de lo Contencioso-Administrativo n.º 2 de Vigo (Spain) \ on 14 August 2020 |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Gender Discrimination |
Rulings |
ECJ 24 September 2020, Case C-223/19 (YS (Pensions d’entreprise de personnel cadre)), Discrimination General, Gender Discrimination, PensionYS – v – NK AG, Austrian case |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Age Discrimination, Gender Discrimination, Pension |
Abstract |
Deductions from pensions larger than a certain threshold do not necessarily constitute gender and/or age discrimination. |
Rulings |
ECJ 1 December 2020, Case C-815/18 (Federatie Nederlandse Vakbeweging), Applicable Law, Posting of Workers and ExpatriatesFederatie Nederlandse Vakbeweging – v – Van den Bosch Transporten BV, Van den Bosch Transporte GmbH, Silo-Tank Kft, Dutch case |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Applicable Law, Posting of Workers and Expatriates |
Abstract |
Posting of Workers: Directive 96/71/EC applies to the road transport sector. A worker is posted if his/her work has a sufficient connection with the host country.The ECJ’s summary of the case is available on: https://curia.europa.eu/jcms/jcms/p1_3345527/en/ |
Pending Cases |
Case C-372/20, Social Insurance, Gender DiscriminationQE – v – Finanzamt Wien für den 8., 16. und 17. Bezirk, reference lodged by the Bundesfinanzgericht (Austria) on 6 August 2020 |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Social Insurance, Gender Discrimination |
Rulings |
ECJ 1 October 2020, Case C-612/19 P (CC/Parliament), MiscellaneousCC – v – European Parliament, EU case |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Miscellaneous |
Abstract |
Claim for (further) damages following an inadequate recruitment procedure denied. |
Pending Cases |
C-405/20, Gender Discrimination, PensionEB and Others – v – Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB), reference lodged by the Verwaltungsgerichtshof (Austria) on 28 August 2020 |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Gender Discrimination, Pension |
Rulings |
ECJ 25 November 2020, case C-799/19 (Sociálna poisťovňa), InsolvencyNI, OJ, PK – v – Sociálna poisťovňa, Slovak case |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Insolvency |
Abstract |
An employer cannot be deemed to be in a ‘state of insolvency’ where an action for enforcement has been brought against him in connection with a judicially recognised claim for compensation, but the claim is deemed irrecoverable in the enforcement proceedings on account of that employer’s informal insolvency. |
Article |
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Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Applicable Law, Posting of Workers |
Authors | Gautier Busschaert and Pieter Pecinovsky |
AbstractAuthor's information |
This article focuses on the posting of workers in the aviation industry. The main problem is that it is not clear in which situations the Posting of Workers Directive should be applied to aircrew (i.e. cabin crew and pilots). The aviation sector is characterised by a very mobile workforce in which it is possible for employees to provide services from different countries in a very short timeframe. This makes it, to a certain extent, easier for employers to choose the applicable social legislation, which can lead to detrimental working conditions for their aircrew. This article looks into how the Posting of Workers Directive can prevent some air carriers from unilaterally determining the applicable social legislation and makes some suggestions to end unfair social competition in the sector. This article is based on a research report which the authors drafted in 2019 with funding from the European Commission (hereafter the ‘Report’) |
Rulings |
ECJ 29 October 2000, Case C-243/19 (Veselības ministrija), Social Insurance, MiscellaneousA – v – Veselības ministrija, Latvian case |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Social Insurance, Miscellaneous |
Abstract |
Article 20(2) of Regulation No 883/2004 does not preclude the insured person’s Member State of residence from refusing to grant that person the authorisation provided for in Article 20(1) of that regulation, where hospital care is available in that Member State but the treatment used is contrary to that person’s religious beliefs. |
Rulings |
ECJ 14 October 2020, case C-681/18 (KG (Missions successives dans le cadre du travail intérimaire)), Temporary Agency WorkJH – v – KG, Italian case |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Temporary Agency Work |
Abstract |
Article 5(5) of Directive 2008/104 does not impose specific measures on Member States, but it does require that they take certain measures to reach its aim. |
Pending Cases |
Case C-350/20, Social InsuranceO.D. and Others – v – Istituto nazionale della previdenza sociale (INPS), reference lodged by Corte costituzionale (Italy) on 30 July 2020 |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Social Insurance |
Rulings |
ECJ 18 November 2020, Case C-463/19 (Syndicat CFTC), Gender DiscriminationSyndicat CFTC du personnel de la Caisse primaire d’assurance maladie de la Moselle – v – Caisse primaire d’assurance maladie de la Moselle, French case |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Gender Discrimination |
Abstract |
A national collective agreement may reserve to mothers alone an additional maternity leave, as long as it seeks to protect them from the effects of pregnancy and motherhood. |
Article |
The Mediation DisruptionA Path to Better Conflict Resolution through Interdisciplinarity and Cognitive Diversity |
Journal | Corporate Mediation Journal, Issue 2 2020 |
Keywords | interdisciplinarity, social psychology, diversity and inclusivity, disruption |
Authors | Mark T. Kawakami |
AbstractAuthor's information |
As the COVID-19 pandemic continues to expose obsolete business practices and force companies into uncharted territories, a disruption worth (re)considering for companies is to replace their over-reliance on litigation with mediation. In order for mediators to make this transition more appetising for businesses, we must train mediators to: 1) think more holistically through interdisciplinary training; and 2) foster cognitive diversity amongst our pool. |
Human Rights Practice Review |
The Czech Republic |
Journal | East European Yearbook on Human Rights, Issue 1 2020 |
Authors | Viktor Kundrák and Maroš Matiaško |
Author's information |
Human Rights Practice Review |
Kosovo |
Journal | East European Yearbook on Human Rights, Issue 1 2020 |
Authors | Sabiha Shala |
Author's information |
Article |
Beizaras and Levickas v. LithuaniaRecognizing Individual Harm Caused by Cyber Hate? |
Journal | East European Yearbook on Human Rights, Issue 1 2020 |
Keywords | hate speech, verbal hate crime, cyber hate, effective investigation, homophobia |
Authors | Viktor Kundrák |
AbstractAuthor's information |
The issue of online hatred or cyber hate is at the heart of heated debates over possible limitations of online discussions, namely in the context of social media. There is freedom of expression and the value of the internet in and of itself on the one hand, and the need to protect the rights of victims, to address intolerance and racism, as well as the overarching values of equality of all in dignity and rights, on the other. Criminalizing some (forms of) expressions seems to be problematic but, many would agree, under certain circumstances, a necessary or even unavoidable solution. However, while the Court has long ago declared as unacceptable bias-motivated violence and direct threats, which under Articles 2, 3 and 8 in combination with Article 14 of the ECHR, activate the positive obligation of states to effectively investigate hate crimes, the case of Beizaras and Levickas v. Lithuania presented the first opportunity for the Court to extend such an obligation to the phenomenon of online verbal hate crime. This article will first address the concepts of hate speech and hate crime, including their intersection and, through the lens of pre-existing case law, identify the key messages for both national courts and practitioners. On the margins, the author will also discuss the issue of harm caused by verbal hate crime and the need to understand and recognize its gravity. |