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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
This book examines the fraught political relationship between
British governments, which wanted information about peoples' lives,
and the people who desired privacy. To do this it looks at
something that Britain only experienced in wartime, a centralized
and up-to-date list of everyone in the country: a population
register. The abolition of this wartime system is contrasted with
later attempts to reintroduce registration, and the change in the
political mind-set driving these later schemes to develop
centralised webs of so-called objective data is examined. These
policies were confronted by privacy campaigns, studied here, but it
is shown how government responses succeeded in turning political
debates about data into technical discussions about
computerization; thus protecting its data, largely on paper, from
oversight. This reformulation also shaped the 1984 Data Protection
Act, which consequently did not protect privacy but rather
increased government's ability to gain knowledge of, and hence
power over, the people.
A unique investigation into how alliances form in highly polarized
times among LGBTQ, immigrant, and labor rights activists, revealing
the impacts within each rights movement. Queer Alliances
investigates coalition formation among LGBTQ, immigrant, and labor
rights activists in the United States, revealing how these new
alliances impact political movement formation. In the early 2000s,
the LGBTQ and immigrant rights movements operated separately from
and, sometimes, in a hostile manner towards each other. Since 2008,
by contrast, major alliances have formed at the national and state
level across these communities. Yet, this new coalition formation
came at a cost. Today, coalitions across these communities have
been largely reluctant to address issues of police brutality, mass
incarceration, economic inequality, and the ruthless immigrant
regulatory complex. Queer Alliances examines the extent to which
grassroots groups bridged historic divisions based on race, gender,
class, and immigration status through the development of
coalitions, looking specifically at coalition building around
expanding LGBTQ rights in Washington State and immigrant and
migrant rights in Arizona. Erin Mayo-Adam traces the evolution of
political movement formation in each state, and shows that while
the movements expanded, they simultaneously ossified around goals
that matter to the most advantaged segments of their respective
communities. Through a detailed, multi-method study that involves
archival research and in-depth interviews with organization leaders
and advocates, Queer Alliances centers local, coalition-based
mobilization across and within multiple movements rather than
national campaigns and court cases that often occur at the end of
movement formation. Mayo-Adam argues that the construction of
common political movement narratives and a shared core of opponents
can help to explain the paradoxical effects of coalition formation.
On the one hand, the development of shared political movement
narratives and common opponents can expand movements in some
contexts. On the other hand, the episodic nature of rights-based
campaigns can simultaneously contain and undermine movement
expansion, reinforcing movement divisions. Mayo-Adam reveals the
extent to which inter- and intra-movement coalitions, formed to win
rights or thwart rights losses, represent and serve
intersectionally marginalized communities-who are often absent from
contemporary accounts of social movement formation.
Domestic constitutions and courts applying international human
rights conventions acknowledge the significance of the mass media
for a democratic society, not only by granting special privileges
but also by imposing enhanced duties and responsibilities to
journalists and media companies. However, the challenges of media
convergence, media ownership concentration and the internet have
led to legal uncertainty. Should media privileges be maintained,
and, if so, how is 'the media' to be defined? To what extent does
media freedom as a legal concept also encompass bloggers who have
not undertaken journalistic education? And how can a legal
distinction be drawn between investigative journalism on the one
hand and reporting on purely private matters on the other? To
answer these questions, Jan Oster combines doctrinal and conceptual
comparative analysis with descriptive and normative theory, and
argues in favour of a media freedom principle based on the
significance of the media for public discourse.
In the first comparative analysis of its kind, Djordje Sredanovic
investigates integration policy and practice in the UK and Belgium.
The book uses interviews with frontline officers to compare and
contrast approaches to citizenship and nationality and measure the
levels of discretion in each country, deepening our understanding
of how policies are actually executed.
'Focused content, layout and price - Routledge competes and wins in
relation to all of these factors' - Craig Lind, University of
Sussex, UK 'The best value and best format books on the market.' -
Ed Bates, Southampton University, UK Routledge Student Statutes
present all the legislation students need in one easy-to-use
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students, this book offer a fully up-to-date, comprehensive, and
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course and exam use. Routledge Student Statutes are: * Exam
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Competitively Priced: Routledge Student Statutes offer content and
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presenting scenario questions for interpreting Statutes, annotated
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designed to help students to be confident and prepared.
Should an employee be allowed to wear a religious symbol at work?
Should a religious employer be allowed to impose constraints on
employees' private lives for the sake of enforcing a religious work
ethos? Should an employee or service provider be allowed, on
religious grounds, to refuse to work with customers of the opposite
sex or of a same-sex sexual orientation? This book explores how
judges decide these issues and defends a democratic approach, which
is conducive to a more democratic understanding of our vivre
ensemble. The normative democratic approach proposed in this book
is grounded on a sociological and historical analysis of two
national stories of the relationships between law, religion,
diversity and the State, the British (mainly English) and the
French stories. The book then puts the democratic paradigm to the
test, by looking at cases involving clashes between religious
freedoms and competing rights in the workplace. Contrary to the
current alternative between the "accommodationist view", which
defers to religious requests, and the "analogous" view, which
undermines the importance of religious freedom for pluralism, this
book offers a third way. It fills a gap in the literature on the
relationships between law and religious freedoms and provides
guidelines for judges confronted with difficult cases.
This book provides a systematic and comprehensive overview of the
increased role of criminal law in managing migration, from a
European, domestic and comparative law perspective. The
contributors critically engage with the current trends leading to
the criminalisation of irregular migrants, asylum seekers and those
who engage in 'humanitarian smuggling' and the national and common
policies calling for a broader use of criminal law measures. The
chapters explore the measures used to protect borders and their
impact in terms of effectiveness and their ability to strike a fair
balance between security and the protection of human rights. The
contributors to the book cover a range of disciplines within law,
human rights and criminology resulting in a broad understanding of
the issues at play.
The First Amendment to the United States Constitution begins:
"Congress shall make no law respecting an establishment of religion
or prohibiting the free exercise thereof." Taken as a whole, this
statement has the aim of separating church and state, but tensions
can emerge between its two elements-the so-called Nonestablishment
Clause and the Free Exercise Clause-and the values that lie beneath
them. If the government controls (or is controlled by) a single
church and suppresses other religions, the dominant church's
"establishment" interferes with free exercise. In this respect, the
First Amendment's clauses coalesce to protect freedom of religion.
But Kent Greenawalt sets out a variety of situations in which the
clauses seem to point in opposite directions. Are ceremonial
prayers in government offices a matter of free exercise or a form
of establishment? Should the state provide assistance to religious
private schools? Should parole boards take prisoners' religious
convictions into account? Should officials act on public reason
alone, leaving religious beliefs out of political decisions? In
circumstances like these, what counts as appropriate treatment of
religion, and what is misguided? When Free Exercise and
Nonestablishment Conflict offers an accessible but sophisticated
exploration of these conflicts. It explains how disputes have been
adjudicated to date and suggests how they might be better resolved
in the future. Not only does Greenawalt consider what courts should
decide but also how officials and citizens should take the First
Amendment's conflicting values into account.
In this groundbreaking work, Kamal Sadiq reveals that most of the
world's illegal immigrants are not migrating directly to the US,
but to countries in the vast developing world. And when they arrive
in countries like India and Malaysia - which are often governed by
weak and erratic bureaucracies - they are able to obtain
citizenship papers fairly easily. Sadiq breaks new ground
introducing "documentary citizenship" to explain how paperwork -
often falsely obtained - confers citizenship on illegal immigrants.
Once immigrants obtain documents, Sadiq writes, it is a relatively
simple matter for, say, an Afghan migrant with Pakistani papers to
pass himself off as a Pakistani citizen both in Pakistan and
abroad. Across the globe, there are literally tens of millions of
such illegal immigrants who have assumed the guise of "citizens."
Who, then, is really a citizen? And what does citizenship mean for
most of the world's peoples? Rendered in vivid detail, Paper
Citizens not only shows how illegal immigrants acquire false
papers, but also sheds light on the consequences this will have for
global security in the post 9/11 world.
Court of Injustice reveals how immigration lawyers work to achieve
just results for their clients in a system that has long denigrated
the rights of those they serve. J.C. Salyer specifically
investigates immigration enforcement in New York City, following
individual migrants, their lawyers, and the NGOs that serve them
into the immigration courtrooms that decide their cases. This book
is an account of the effects of the implementation of U.S.
immigration law and policy. Salyer engages directly with the
specific laws and procedures that mandate harsh and inhumane
outcomes for migrants and their families. Combining anthropological
and legal analysis, Salyer demonstrates the economic, historical,
political, and social elements that go into constructing inequity
under law for millions of non-citizens who live and work in the
United States. Drawing on both ethnographic research conducted in
New York City and on the author's knowledge and experience as a
practicing immigration lawyer at a non-profit organization, this
book provides unique insight into the workings and effects of U.S.
immigration law. Court of Injustice provides an up-close view of
the experiences of immigration lawyers at non-profit organizations,
in law school clinics, and in private practice to reveal
limitations and possibilities available to non-citizens under U.S.
immigration law. In this way, this book provides a new perspective
on the study of migration by focusing specifically on the laws,
courts, and people involved in U.S. immigration law.
The work at hand for bridging the racial divide in the United
States From Baltimore and Ferguson to Flint and Charleston, the
dream of a post-racial era in America has run up against the
continuing reality of racial antagonism. Current debates about
affirmative action, multiculturalism, and racial hate speech reveal
persistent uncertainty and ambivalence about the place and meaning
of race - and especially the black/white divide - in American
culture. They also suggest that the work of racial reconciliation
remains incomplete. Racial Reconciliation and the Healing of a
Nation seeks to assess where we are in that work, examining sources
of continuing racial antagonism among blacks and whites. It also
highlights strategies that promise to promote racial reconciliation
in the future. Rather than revisit arguments about the importance
of integration, assimilation, and reparations, the contributors
explore previously unconsidered perspectives on reconciliation
between blacks and whites. Chapters connect identity politics, the
rhetoric of race and difference, the work of institutions and
actors in those institutions, and structural inequities in the
lives of blacks and whites to our thinking about tolerance and
respect. Going beyond an assessment of the capacity of law to
facilitate racial reconciliation, Racial Reconciliation and the
Healing of a Nation challenges readers to examine social,
political, cultural, and psychological issues that fuel racial
antagonism, as well as the factors that might facilitate racial
reconciliation.
Drawing on new research material from ten European countries,
Asylum Determination in Europe: Ethnographic Perspectives brings
together a range of detailed accounts of the legal and bureaucratic
processes by which asylum claims are decided. The book includes a
legal overview of European asylum determination procedures,
followed by sections on the diverse actors involved, the means by
which they communicate, and the ways in which they make life and
death decisions on a daily basis. It offers a contextually rich
account that moves beyond doctrinal law to uncover the gaps and
variances between formal policy and legislation, and law as
actually practiced. The contributors employ a variety of
disciplinary perspectives - sociological, anthropological,
geographical and linguistic - but are united in their use of an
ethnographic methodological approach. Through this lens, the book
captures the confusion, improvisation, inconsistency, complexity
and emotional turmoil inherent to the process of claiming asylum in
Europe.
Using Human Rights to Counter Terrorism uses practical examples to
argue that a State's lack of respect for human rights is
counter-productive and hinders its fight against terrorism. Through
analysing legislative developments since 2001, this book examines
how and why many counter terrorism measures have so far been
unsuccessful; arguing that longer term, a human rights-centric
approach is required. The book's expert contributors have a wide
breadth of experience at a national and international level. They
have worked with institutions such as national intelligence
agencies, the UN Security Council, the UN Human Rights Council as
well as a number of UN bodies specializing in Human Rights and
Terrorism. Various counter terrorism measures, including mass
digital surveillance, the use of drones, and the use of torture are
examined. The impact of counter terrorism measures on migration,
civil society, and the delivery of humanitarian assistance are
assessed. The chapters serve to show that a lack of accountability
for human rights violations in these areas can be conducive to an
increase in terrorist activity. Those working within State
authorities, international and non-governmental organizations will
find the arguments presented in this work compelling. Legal
practitioners working in the security and human rights sectors will
also find this book a useful source of evidence to support human
rights countering the challenges of terrorism. Contributors
include: F.N. Aolain, R. Barrett, A. Charbord, B. Emmerson, U.
Garms, L. Ginsborg, M. Nowak, L. Oldring, T. Parker, M. Scheinin
A just international order and a healthy cosmopolitan discipline of
law need to include perspectives that take account of the
standpoints, interests, concerns and beliefs of non-Western people
and traditions. The dominant scholarly and activist discourses
about human rights have developed largely without reference to
these other viewpoints. Claims about universality sit uneasily with
ignorance of other traditions and parochial or ethnocentric
tendencies. The object of the book is to make accessible the ideas
of four jurists who present distinct 'Southern' perspectives on
human rights.
In a global economy, multinational companies often operate in
jurisdictions where governments are either unable or unwilling to
uphold even the basic human rights of their citizens. The
expectation that companies respect human rights in their own
operations and in their business relationships is now a business
reality that corporations need to respond to. Business and Human
Rights: From Principles to Practice is the first comprehensive and
interdisciplinary textbook that addresses these issues. It examines
the regulatory framework that grounds the business and human rights
debate and highlights the business and legal challenges faced by
companies and stakeholders in improving respect for human rights,
exploring such topics as: the regulatory framework that grounds the
business and human rights debate challenges faced by companies and
stakeholders in improving human rights industry-specific human
rights standards current mechanisms to hold corporations to account
future challenges for business and human rights With supporting
case studies throughout, this text provides an overview of current
themes in the field and guidance on practical implementation,
demonstrating that a thorough understanding of the human rights
challenges faced by business is now vital in any business context.
"There's no place for the state in the bedrooms of the nation,"
Pierre Elliott Trudeau told reporters. He was making the case for
the most controversial of his proposed reforms to the Criminal
Code, those concerning homosexuality, birth control, and abortion.
In No Place for the State, contributors offer complex and often
contrasting perspectives as they assess how the 1969 Omnibus Bill
helped shape sexual and moral politics in Canada. Fifty years
later, the origins and legacies of the bill are equivocal and the
state still seems interested in sexual regulation. This incisive
study explains why that matters.
In Defense of Politicization of Human Rights: The UN Special
Procedures constitutes the first comprehensive study of the United
Nations Special Procedures, covering their history, methods of
work, institutional status, relationship with other politically
driven organs, and processes affecting their development. Special
Procedures have existed since 1967, nearly as long as United
Nations Treaty Bodies, but have received only fragmented analysis,
normally focused on a few thematic mandates, until the creation of
the Human Rights Council in 2006. In seeking to debunk commonly
held views about the role of politics in human rights at
international level, In Defense of Politicization of Human Rights
constitutes the first comprehensive study of the United Nations
Special Procedures as a system covering their history, methods of
work, institutional status, relationship with other politically
driven organs, and processes affecting their development. The
perspective chosen to analyze the human rights mechanisms most
vulnerable to political decisions determining their creation,
renewal and operationalization, casts a new light on the extent to
which these remain the cornerstone of global accountability in
protecting the inherent dignity and worth of individuals as well as
groups. International human rights mechanisms' efficiency is
normally linked to the work of independent experts keen to push the
boundaries of accountability against recalcitrant States determined
to defend their sovereignty. As a corollary, progress in this field
is associated to the creation and maintenance of political free
spaces. Another common presumption is a belief in a differentiated
'North' versus 'South' approach to the promotion and protection of
human rights, that find common ground within the prevalent human
rights discourses repeated by governmental and non-governmental
actors. Through the lenses of the United Nations Special
Procedures, In Defense of Politicization of Human Rights challenges
these and other presumptions informing doctrinal studies, policies
and strategies to advance international human rights. Because of
the Special Procedures' growing salience and impact in the world of
international human rights, this book is likely to become required
reading for any student or practitioner of international human
rights.
Speaking truth to power is about the resurgence of activism in
post-apartheid South Africa. A small legal NGO in Johannesburg, the
AIDS Law Project (ALP), along with its allies in the Treatment
Action Campaign, fought for more than a decade for the rights of
people living with HIV/AIDS. Today South Africa has the laws that
protect the rights of people living with HIV/AIDS and the largest
treatment programme in the world. This would not have happened
without dedicated activism and a commitment to social justice.
Speaking truth to power tells how people used our constitution and
the law in this struggle. The leadership of the ALP was clear as to
how they wanted their history to be told. They saw the ALP story as
the story of their clients and their cases, which form the
milestones in this struggle. So this is a story about ordinary
people who in their own way did some extraordinary things at an
exceptionally difficult time. They stood up against prejudice and
disinformation because they felt strongly about their rights. For
some it was discrimination against themselves; for others it was
discrimination against their fellow citizens who were vulnerable
because they were living with a disease that had no cure and they
were often seriously ill, even dying. To add insult to injury the
country's president and, for some time, the government denied the
scale of the epidemic. People's rights were being violated, but the
law gave them a way to reassert them, generating the first
resurgence of civil society in post-apartheid South Africa. This
book is about the power of people and their courage to speak the
truth.
This book examines the ethical and legal challenges presented by
modern techniques of memory retrieval, especially within the
context of potential use by the US government in courts of law.
Specifically, Marc Blitz discusses the Fourth Amendment's
protections against unreasonable searches and the Fifth Amendment's
self-incrimination clause. He also argues that we should pay close
attention to another constitutional provision that individuals
generally don't think of as protecting their privacy: The First
Amendment's freedom of speech. First Amendment values also protect
our freedom of thought, and this-not simply our privacy-is what is
at stake if government engaged in excessive monitoring of our
minds.
When they go low, we learn: an examination of mudslinging in
contemporary American politics-and how the left can find its
footing to achieve structural reform in this mess. The rules of the
public discourse game have changed, and The Public Insult Playbook
argues that the political left needs to account for the power of
vitriol in crafting their theories for social and political change.
With this book, noted constitutional law expert and disability
rights advocate Ruth Colker offers insights into how public insults
have come to infect contemporary public discourse-a technique not
invented by but certainly refined by Donald Trump-and, importantly,
highlights lessons learned and tools for fighting back. Public
insults act as a headwind and dead weight to structural reform. By
showcasing the power of insults across a number of civil rights
battlegrounds, The Public Insult Playbook uncovers the structural
nature of personal attacks, and offers a blueprint for a legal and
political strategy that anticipates the profound but poorly
understood damage they can inflict to whole movements. Illustrating
how completely the tactic has been adopted and embraced by the
American right wing, the book catalogues how public insults have
been used against people with disabilities, immigrants, people
seeking abortions, individuals who are sexually harassed, members
of the LGBTQ community, and, of course, Black Americans. These
examples demonstrate both the pervasiveness of the deployment of
insults by the political right and the ways in which the left has
been caught flat-footed by this tactic. She then uses the Black
Lives Matter movement as a case study to consider how to
effectively counter these insults and maintain an emphasis on
structural reform.
After the 1994 genocide in Rwanda, victims, perpetrators, and the
country as a whole struggled to deal with the legacy of the mass
violence. The government responded by creating a new version of a
traditional grassroots justice system called gacaca. Bert
Ingelaere, based on his observation of two thousand gacaca trials,
offers a comprehensive assessment of what these courts set out to
do, how they worked, what they achieved, what they did not achieve,
and how they affected Rwandan society. Weaving together vivid
firsthand recollections, interviews, and trial testimony with
systematic analysis, Ingelaere documents how the gacaca shifted
over time from confession to accusation, from restoration to
retribution. He precisely articulates the importance of popular
conceptions of what is true and just. Marked by methodological
sophistication, extraordinary evidence, and deep knowledge of
Rwanda, this is an authoritative, nuanced, and bittersweet account
of one of the most important experiments in transitional justice
after mass violence.
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