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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
This book looks at transatlantic jurisdictional conflicts in data
protection law and how the fundamental right to data protection
conditions the EU's exercise of extraterritorial jurisdiction.
Governments, companies and individuals are handling ever more
digitised personal data, so it is increasingly important to ensure
this data is protected. Meanwhile, the Internet is changing how
territory and jurisdiction are realised online. The EU promotes
personal data protection as a fundamental right. Especially since
the EU's General Data Protection Regulation started applying in
2018, its data protection laws have had strong effects beyond its
territory. In contrast, similar US information privacy laws are
rooted in the marketplace and carry less normative heft. This has
provoked clashes with the EU when their values, interests and laws
conflict. This research uses three case studies to suggest ways to
mitigate transatlantic jurisdictional tensions over data protection
and security, the free flow of information and trade.
Just how much freedom of speech should high school students
have? Does giving children and adolescents a far-reaching right of
expression, without joining it to responsibility, ultimately result
in an asylum that is run by its inmates?
Since the late 1960s, the United States Supreme Court has
struggled to clarify the contours of constitutionally guaranteed
freedom of speech rights for students. But as this
thought-provoking book contends, these court opinions have pitted
students and their litigious parents against schools while
undermining the schools necessary disciplinary authority.
In a clear and lively style, sprinkled with wry humor, Anne
Proffitt Dupre examines the way courts have wrestled with student
expression in school. These fascinating cases deal with political
protest, speech codes, student newspapers, book banning in school
libraries, and the long-standing struggle over school prayer. Dupre
also devotes an entire chapter to teacher speech rights. In the
final chapter on the 2007 Bong Hits 4 Jesus case, she asks what
many people probably wondered: when the Supreme Court gave
teenagers the right to wear black armbands in school to protest the
Vietnam War, just how far does this right go? Did the Court also
give students who just wanted to provoke their principal the right
to post signs advocating drug use?
Each chapter is full of insight into famous decisions and the
inner workings of the courts. "Speaking Up" offers eye-opening
history for students, teachers, lawyers, and parents seeking to
understand how the law attempts to balance order and freedom in
schools.
How far did the European Union (EU) referendum result of 23 June
2016 really justify and necessitate the policies executed in
response to it? What are the implications of that vote and its
prolonged aftermath for the United Kingdom (UK) constitution? What
other challenges does our political system face? This book seeks to
answer these questions. It considers from a constitutional
perspective the way in which the decision to leave the EU was taken
and then implemented, discussing in particular the role of
Parliament. It includes a close analysis of the referendum
legislation, and relevant Commons debates. Adapting methods from
applied history, the author considers the wider implications of
Brexit by assessing a series of proposals for constitutional reform
produced in the UK since 1900. He addresses features of the UK
system including referendums, representative democracy, Parliament,
devolution, and the executive, from both an historic and
contemporary point of view. The book assesses other issues that do
not arise directly from Brexit but that have constitutional
implications and a global aspect to them. They include political
applications of the Internet and climate change. Finally, the
author makes a series of proposals for reforms that will help the
democratic system of the UK to adapt to its changing environment.
This book engages in a theological critique of the legal frameworks
and theoretical approaches of Australia, the US and England to
create a peaceful coexistence of difference which supports both
religious freedom and equality. It develops a new framework for
reconciling religious freedom and discrimination in Western liberal
democracies and presents a unique approach to practically
supporting both religious freedom and equality as fundamentally
important objectives which promote more compassionate and cohesive
communities. The book applies the idea of peaceful coexistence of
difference by assuming the dignity and goodwill of different people
and perspectives, and proceeds upon shared virtues such as love
which are affirmed by all.
'Health and human rights' is an important dimension of
international and European human rights and health law. It is
multi-disciplinary, engaging scholars and practitioners of public
health and medicine, as well as legal scholars and human rights
lawyers. Taking a 'health and human rights approach' means applying
international, regional and domestic human rights law to a wide
range of health-related issues. Human rights law informs other
areas of law that engage with health issues, including
international and domestic health law, biolaw and bioethics,
patients' rights, and environmental law. It brings a new, and often
more international, as well as a moral dimension to existing legal
analyses of health issues. This is essential in an increasingly
interconnected and globalised world, where health concerns are
omnipresent and can no longer be addressed solely at a domestic
level. This book focuses on the legal interfaces between 'health'
and 'human rights', taking both a global as well as a European
approach. Globally, there are tremendous challenges when it comes
to the protection of collective and individual health. Such
challenges include weak (primary) healthcare systems, the spread of
infectious diseases, such as COVID-19, and the increase of
noncommunicable diseases (NCDs), as well as the health effects of
air pollution and climate change. In such settings, human rights
can, potentially, play an important role in protecting the rights
of vulnerable individuals. It is a compelling framework for
assessing these and other questions in the health field, as it
couples health-related problems with a legal and moral dimension.
The international recognition and definition of the 'right to
health' is at the centre of this, but there are many other relevant
human rights standards, including the right to life, the right to
respect for privacy and family life, and the right to have access
to information. International case law in the health field has made
its mark when it comes to matters like access to health services,
abortion, and inhuman and degrading treatment in health settings.
Increasingly, links are being sought between human rights and other
international standards protecting health, in particular the
standards adopted by the World Health Organization (WHO). The
European context is, to some extent, a region sui generis, not only
in terms of health issues and health outcomes, but also from a
political and legal perspective. The authoritative case law of the
European Court of Human Rights (ECtHR) of the Council of Europe has
increasingly touched upon health-related issues. Health and Human
Rights brings together contributions from human rights and health
law experts from three different countries in Northern Europe.
Together, the chapters give a rich account of the legal and
interdisciplinary aspects and perspectives related to 'health and
human rights'. This book is of interest to lecturers, students,
practitioners and law- and policymakers and offers up-to-date
analyses of crucial human rights issues in modern healthcare,
practices and regulations in Europe and beyond.
This book examines how international judicial and non-judicial
bodies in Europe address the needs of the families of forcibly
disappeared persons. The needs in question are returning the
remains of disappeared persons; the right to truth; the acceptance
of responsibility by states; and the right to compensation. These
have been identified as the four most commonly shared basic and
fundamental needs of families in which an adult was disappeared
many years previously and is now assumed to be dead, which is
representative of the situation of the vast majority of families of
disappeared persons in Europe. The families of disappeared persons
have an increasing number of international mechanisms through which
they can attempt to address their needs. The proliferation of such
mechanisms gives victims of enforced disappearance in Europe access
to many different international procedures. At the same time,
however, a functional analysis of the specific organs involved has
shown that they respond to the needs of families to varying
degrees. This results from the differences in their competences as
well as those in their jurisprudence. There is no international
instrument or mechanism capable of fully satisfying the four basic
needs of the families of disappeared persons. However, in Europe,
these families do have the possibility to make use of various
judicial and quasi-judicial means and mechanisms which - if the
states involved would properly execute the judgments or cooperate
with the proper bodies - could lead to the return of the remains of
disappeared persons, to obtaining knowledge about their fates, and
to receiving financial compensation. The analysis covers the
judgments and decisions of the European Court of Human Rights, the
UN Human Rights Committee, the International Criminal Tribunal for
the former Yugoslavia, the Human Rights Chamber for Bosnia and
Herzegovina, the Human Rights Advisory Panel in Kosovo, as well as
the activities of the Committee on Missing Persons in Cyprus, the
Special Process on Missing Persons in the Territory of former
Yugoslavia, the UN Committee on Enforced Disappearances and the
International Commission on Missing Persons. In so doing, the book
demonstrates whether, how, and based on what principles these four
needs of the families of disappeared persons can constitute a claim
based on international human rights law.
Can it be argued that there exists a concept of Nordic citizenship,
founded on inter-Nordic cooperation and its relationship with EU
law and EEA law? Researchers from all five Nordic States (Denmark,
Finland, Iceland, Norway and Sweden) explore the tensions, gaps,
and overlaps arising from the interplay of EU citizenship, EEA law,
and the Nordic initiatives that aim to facilitate cross-border
mobility of persons in the region. The analysis takes a dual
approach. Firstly, it tracks the legal development of nationality
law in Nordic states. Secondly, it sets out the rights of residence
and access to social rights that follow from the three different
regimes. It asks if the Nordic States, through their regional
cooperation, are 'going beyond' EU free movement law, making
naturalisation to a citizenship in a Nordic state particularly
attractive. This important new work gives a unique perspective on
EU citizenship and free movement law.
In this first textbook on international and European disability law
and policy, Broderick and Ferri analyse the interaction between
different legal systems and sources. Guided by the global legal
standards of the CRPD, students are equipped with the necessary
background on disability, and are given a comprehensive overview of
the legal and policy frameworks on disability. The narrative
maintains the balance between theory and practice, focusing on the
legal framework and challenges in the realm of policy-making, and
ensuring that students are aware of current legal debates and
controversial issues in the field. Accommodating different learning
styles, the book employs a range of accessible features which
include learning outcomes for each chapter, problem questions,
group activities, extracts from legal debates and more. Including
case studies and examples from around the world, this book has a
truly global perspective, suitable for introductory and advanced
modules in law departments, as well as interdisciplinary courses.
Using an innovative blending of ideological, implementation, and
comparative institutional analysis, this book takes the New York
City case as a springboard for assessing the role of an executive
agency in making and implementing egalitarian policies.
Originally published in 1985.
The Princeton Legacy Library uses the latest print-on-demand
technology to again make available previously out-of-print books
from the distinguished backlist of Princeton University Press.
These paperback editions preserve the original texts of these
important books while presenting them in durable paperback
editions. The goal of the Princeton Legacy Library is to vastly
increase access to the rich scholarly heritage found in the
thousands of books published by Princeton University Press since
its founding in 1905.
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