Titlebook: General Principles of Law - The Role of the Judiciary; Laura Pineschi Book 2015 Springer International Publishing Switzerland 2015 Antidis

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Principle of Non-discrimination on the Grounds of Sexual Orientation and Same-Sex Marriage. A Comparjudicial activity in implementing the full meaning of equality in exercising the fundamental right to marry. From an analysis of different judgments concerning the same-sex marriage, it is possible to observe a gradual global prevailing of the “paradigm of heterosexual marriage”, as a result of the

intolerance

Healthcare Right and Principle of “Minimum Standards”: The Interpretation of the Judiciary in a Compd European case law. Firstly, the attention will be focused on the interpretation of the Italian Constitutional Court, that has defined and applied this principle since 1978, even before its introduction in the Constitution (Article 117(2)(m)), after its revision in 2001. Secondly, the chapter will

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Discrimination for Sexual Orientation in Poland: The Role of the Judiciarynificant conservatism of the Polish society, even slow social changes are reflected in the adjudicating practices of Polish courts and, if they are, what is the main reason for these changes to take place. After a short description of the legal status of homosexuals in Poland and the principle of au

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Principle of Legality and Role of the Judiciary in Criminal Law: The Influence of the ECtHR Case Laww-making. This approach has had an important influence on the scholarly discussion about the problematic consequences of judicial overruling. In some recent judgments, this phenomenon has been compared to changes in the law, although this conclusion encountered the strong opposition of the Italian C

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