Very little in the American way of life functions adequately under surveillance. Democracy itself may be at mortal risk due to the loss of privacy and the increase in surveillance. Examining challenges in a wide range of contexts, this book investigates and critically examines our systems of data management, including the ways that data are collected, exchanged, analyzed, and re-purposed. The volume calls for re-establishing personal privacy as a societal norm and priority, requiring action on the part of everyone at personal, societal, business, and governmental levels. Because new media products and services are professionally designed and implemented to be frictionless and highly rewarding, change is difficult and solutions are not easy. This volume provides insight into challenges and recommended solutions.

The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these problems. The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against.

Can torture be justified in exceptional circumstances? In this timely work, Michelle Farrell asks how and why this question has become such a central debate. She argues that the ticking bomb scenario is a fiction which blinds us to the reality of torture and investigates what it is that that scenario fails to represent. Farrell aims to reframe how we think about torture, and critically reflects on the historical and contemporary approaches to its use in exceptional situations. She demonstrates how torture, from its use in Algeria to the 'War on Terror', has been misrepresented, and appraises the legalist, extra-legalist and absolutist assessments of exception to the torture prohibition. Employing Giorgio Agamben's theory of the state of exception as a foil, Farrell deconstructs these approaches and goes on to propose her own theory of exceptional torture.

Religious freedom is now widely accepted as fundamental to any liberal democracy. It is recognised in domestic, regional, and international human rights instruments and its importance is lauded by philosophers, lawyers, judges, clergy, and even politicians. While it is easy to support religious freedom in the abstract, tensions can arise between the activities of religious organizations and the law that challenge this general commitment to religious freedom. Should religious organizations be permitted to discriminate against women or gay people in their employment practices, when admitting members, or in providing goods and services? Should the courts interfere in these organizations to protect the interests of a disaffected member or to resolve internal property disputes? Should the state allow religious tribunals to determine or advise on family matters? While much has been written about religious individuals and the law, there has been a discernible lack of literature on organizations and the law. Jane Norton fills this gap with Freedom of Religious Organizations. By exploring potential conflicts between the law and religious organizations, and examining whether the current British response to such conflicts is justified, this book will consider when English law ought to apply to religious organizations and how these conflicts should be dealt with.

In the period since the end of the Second World War, there has emerged what never before existed: a truly global morality. Some of that morality - the morality of human rights - has become entrenched in the constitutional law of the United States. This book explicates the morality of human rights and elaborates three internationally recognized human rights that are embedded in US constitutional law: the right not to be subjected to cruel, inhuman or degrading punishment; the right to moral equality; and the right to religious and moral freedom. The implications of one or more of these rights for three great constitutional controversies - capital punishment, same-sex marriage and abortion - are discussed in-depth. Along the way, Michael J. Perry addresses the question of the proper role of the Supreme Court of the United States in adjudicating these controversies.

This book explains the reciprocal relations between the Supreme Court and the Israeli political system. It is based on a unique approach that contends that the non-governability of the political system and an alternative political culture are two key formal and informal variables affecting the behavior of several political players within the Israeli arena. The analysis illustrates the usefulness of such a model for analyzing long-term socio-political processes and explaining the actions of the players. Until this model changes significantly, the decisions of the High Court of Justice express the values of the state and enable Israel to remain a nation that upholds human rights. The court's decisions determine the normative educational direction and reflect Israel's democratic character with regard to the values of human rights.

In the past three decades, images of undocumented immigrants pouring across the southern border have driven the immigration debate and policies have been implemented in response to those images. The Oklahoma City bombings and the tragic events of September 11, both of questionable relevance to immigration policy have provided further impetus to implement strategies that are anti-immigration in design and effect. This book discusses the major immigration policy areas - undocumented workers, the immigration selection system, deportation of aggravated felons, national security and immigration policy, and the integration of new Americans - and the author suggests his own proposals on how to address the policy challenges from a perspective that encourages us to consider the moral consequences of our decisions. The author also reviews some of the policies that have been put forth and ignored and suggests new policies that would be good for the country economically and socially.

Human trafficking is widely considered to be the fastest growing branch of trafficking. As this important book reveals, it has moved rapidly up the agenda of states and international organisations since the early-1990s, not only because of this growth, but also as its implications for security and human rights have become clearer. This fascinating study by international experts provides original research findings on human trafficking, with particular reference to Europe, South-East Asia and Australia. A major focus is on why and how many states and organisations act in ways that undermine trafficked victims' rights, as part of 'quadruple victimisation'. It compares and contrasts policies and suggests which seem to work best and why. The contributors also advocate radical new approaches that most states and other formal organisations appear loath to introduce, for reasons that are explored in this unique book. This must-read book will appeal to policymakers as well as advanced undergraduate and postgraduate students in the fields of criminology, human rights law, gender studies, political science and international studies. Contributors: J. Debeljak, L. Holmes, S. Kneebone, Z. Lasocik, K. Leong, S. Milivojevic, S. Schwandner-Sievers, M. Segrave, O. Simic, S. Yea

This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.

This edited volume offers original scholarship on economic and social human rights from leading and new cutting-edge scholars in the fields of economics, law, political science, sociology and anthropology. It analyzes the core economic and social rights and the crucial topic of non-discrimination, and includes an innovative section on 'meta' rights. The main chapters answer important questions about economic and social rights performance around the world by emphasizing the obstacles that prevent governments from fulfilling their obligations. The interdisciplinary analysis offers a detailed and up-to-date discussion to help scholars and policy makers find the best ways to instantiate economic and social rights. The authors examine the role of the associated obligations, and especially the obstacles to respect, protect and fulfil those obligations. The book's introductory and concluding chapters address conceptual issues and correct mistakes often made by critics of economic and social rights.

Years of surveillance-related leaks from US whistle blower Edward Snowden have fuelled an international debate on privacy, spying, and Internet surveillance. Much of the focus has centered on the role of the US National Security Agency, yet there is an important Canadian side to the story. The Communications Security Establishment, the Canadian counterpart to the NSA, has played an active role in surveillance activities both at home and abroad, raising a host of challenging legal and policy questions. With contributions by leading experts in the field, Law, Privacy and Surveillance in Canada in the Post-Snowden Era is the right book at the right time: From the effectiveness of accountability and oversight programs to the legal issues raised by metadata collection to the privacy challenges surrounding new technologies, this book explores current issues torn from the headlines with a uniquely Canadian perspective.

Stephen Gardbaum argues that recent bills of rights in Canada, New Zealand, the United Kingdom and Australia are an experiment in a new third way of organizing basic institutional arrangements in a democracy. This 'new Commonwealth model of constitutionalism' promises both an alternative to the conventional dichotomy of legislative versus judicial supremacy and innovative techniques for protecting rights. As such, it is an intriguing and important development in constitutional design of relevance to drafters of bills of rights everywhere. In developing the theory and exploring the practice of this new model, the book analyses its novelty and normative appeal as a third general model of constitutionalism before presenting individual and comparative assessments of the operational stability, distinctness and success of its different versions in the various jurisdictions. It closes by proposing a set of general and specific reforms aimed at enhancing these practical outcomes.

State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.

This book aims to bolster the burgeoning discourse of health and human rights. In so doing, it charts the history of the linkage between health and human rights. It also pinpoints the sense of imperative that surrounds this relationship. More importantly, the book identifies a series of threats and challenges facing attempts to link health and human rights and proposes how these might be addressed. Amongst other things, it asks: is conflict between risk and rights inevitable in the context of infectious disease control? Is reproductive choice a bad argument in the context of reproductive technologies? Is it sensible for human rights to make use of measurement tools such as indicators? Is the 'cost of human rights' an argument that can and should be used by proponents of human rights? The answers it gives to these questions are original and engaging and will be of great interest to a diverse audience, including scholars and policy-makers in these areas.

Human rights are considered one of the big ideas of the early twenty-first century. This book presents in an authoritative and readable form the variety of platforms on which human rights law is practiced today, reflecting also on the dynamic inter-relationships that exist between these various levels. The collection has a critical edge. The chapters engage with how human rights law has developed in its various subfields, what (if anything) has been achieved and at what cost, in terms of expected or produced unexpected side-effects. The authors pass judgment about the consistency, efficacy and success of human rights law (set against the standards of the field itself or other external goals). Written by world-class academics, this Companion will be essential reading for students and scholars of human rights law.

How can children grow to realize their inherent rights and respect the rights of others? In this book, authors Jonathan Todres and Sarah Higinbotham explore this question through both human rights law and children's literature. Both international and domestic law affirm that children have rights, but how are these norms disseminated so that they make a difference in children's lives? Human rights education research demonstrates that when children learn about human rights, they exhibit greater self-esteem and respect the rights of others. The Convention on the Rights of the Child-the most widely-ratified human rights treaty-not only ensures that children have rights, it also requires that states make those rights "widely known, by appropriate and active means, to adults and children alike." This first-of-its-kind requirement for a human rights treaty indicates that if rights are to be meaningful to the lives of children, then government and civil society must engage with those rights in ways that are relevant to children. Human Rights in Children's Literature investigates children's rights under international law - identity and family rights, the right to be heard, the right to be free from discrimination, and other civil, political, economic, social and cultural rights - and considers the way in which those rights are embedded in children's literature from Peter Rabbit to Horton Hears a Who! to Harry Potter. This book traverses children's rights law, literary theory, and human rights education to argue that in order for children to fully realize their human rights, they first have to imagine and understand them.

Asia is the only area in the world that does not have a human rights court or commission covering the region as a whole. However, a close look at recent developments in the region, especially in East Asia, shows that a human rights system is emerging. Various activities and initiatives for human rights cooperation are developing in Asia at the regional, sub-regional and national levels. Since the establishment of the ASEAN human rights body (AICHR) in 2009, the need for a review of the regional human rights mechanisms in Asia is stronger than ever. With a primary focus on twenty-three East Asian states, Tae-Ung Baik highlights the significant changes that have taken place in recent decades and demonstrates that the constituent elements of a human rights system (norms, institutions and modes of implementation) are developing in Asia.

In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.

When considering the structures that drive the global diffusion of human rights norms, Brian Greenhill argues that we need to look beyond institutions that are explicitly committed to human rights and instead focus on the dense web of international government organizations (IGOs)-some big, some small; some focused on human rights; some not-that has arisen in the last two generations. While most of these organizations have no direct connection to human rights issues, their participation in broader IGO networks has important implications for the human rights practices of their member states. Featuring a rigorous empirical analysis, Transmitting Rights shows that countries tend to adopt similar human rights practices to those of their IGO partners, whether for better or worse. Greenhill argues that IGOs constitute a tightly-woven fabric of ties between states and that this network provides an important channel through which states can influence the behavior of others. Indeed, his analysis suggests that a policy of isolating "rogue" states is probably self-defeating given that this will reduce their exposure to some of the more positive IGO-based influences on their human rights. Greenhill's analysis of the role of IGOs in rights diffusion will not only increase our understanding of the international politics of human rights; it will also reshape how we think about the role of international institutions in world politics.

Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary 'refugeehood': protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that 'Protection', which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Helene Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?

Capello investigates why we've been so blithe about giving up our privacy and all the opportunities we've had along the way to rein it in. Every day, Americans surrender their private information to entities claiming to have their best interests in mind. This trade-off has long been taken for granted, but the extent of its nefariousness has recently become much clearer. As None of Your Damn Business reveals, the problem is not so much that data will be used in ways we don't want, but rather how willing we have been to have our information used, abused, and sold right back to us. In this startling book, Lawrence Cappello targets moments from the past 130 years of US history when privacy was central to battles over journalistic freedom, national security, surveillance, big data, and reproductive rights. As he makes dismayingly clear, Americans have had numerous opportunities to protect the public good while simultaneously safeguarding our information, and we've squandered them every time. None of Your Damn Business is a rich and provocative survey of an alarming topic that grows only more relevant with each fresh outrage of trust betrayed.

Particularly in the context of internal conflicts, international law is frequently unable to create and sustain frameworks for peace in Africa. In Peacebuilding in the African Union, Abou Jeng explores the factors which have prevented such steps forward in the interaction between the international legal order and postcolonial Africa. In the first work of its kind, Jeng considers whether these limitations necessitate recasting the existing conceptual structure and whether the Constitutive Act of the African Union provides exactly this opportunity through its integrated peace and security framework. Through the case studies of Burundi and Somalia, Jeng examines the structures and philosophy of the African Union and assesses the capacity of its practices in peacemaking. In so doing, this book will be of great practical value to scholars and legal practitioners alike.

The Cultural Defense of Nations presents a timely, thought-provoking thesis on some of the most pressing issues of our time-global immigration, majority groups, and national identity. Never in human history has so much attention been paid to human movement. Global migration yields demographic shifts of historical significance, profoundly shaking up world politics-as has been seen in the refugee crisis, the Brexit referendum, and the 2016 U.S. election. The Cultural Defense of Nations addresses one of the greatest challenges facing liberalism today: is a liberal state justified in restricting immigration and access to citizenship in order to protect its majority culture? Liberal theorists and human rights advocates recognize the rights of minorities to maintain their unique cultural identity, but assume that majorities have neither a need for similar rights nor a moral ground for defending them. The majority culture, so the argument goes, "can take care of itself." However, with more than 250 million immigrants worldwide, majority groups increasingly seek to protect what they consider to be their national identity. In recent years, liberal democracies have introduced proactive immigration and citizenship policies that are designed to defend the majority culture. This book shifts the focus from the prevailing discussion of cultural minority rights and, for the first time, addreses the cultural rights of majorities. It proposes a new approach by which liberal democracies can welcome immigrants without fundamentally changing their cultural heritage, forsaking their liberal traditions, or slipping into extreme nationalism. Disregarding the topic of cultural majority rights is not only theoretically wrong, but also politically unwise. With forms of "majority nationalism" rising and the growing popularity of extreme right-wing parties in the West, time has come to liberally address the new challenge.

The potential of the e-health revolution, increased data sharing, database linking, biobanks and new techniques such as geolocation and genomics to advance human health is immense. For the full potential to be realized, though, privacy and confidentiality will have to be dealt with carefully. Problematically, many conventional approaches to such pivotal matters as consent, identifiability, and safeguarding and security are inadequate. In many places, research is impeded by an overgrown thicket of laws, regulations, guidance and governance. The challenges are being heightened by the increasing use of biospecimens, and by the globalization of research in a world that has not globalized privacy protection. Drawing on examples from many developed countries and legal jurisdictions, the book critiques the issues, summarizes various ethics, policy, and legal positions (and revisions underway), describes innovative solutions, provides extensive references and suggests ways forward.

The sixth volume in the series of the Central and Eastern European Forum for Legal, Political, and Social Theory Yearbook is focused on the effects of globalisation and global governance on state, law and society. It addresses the great structural and systemic changes in the fundamental constitutional and political concepts produced by the above mentioned phenomena. The main issues which are discussed in the book are the crisis of authority, the crisis of territoriality, the shifting constitutional geometry, the constitutional identity, the territorial irresponsibility of capital, the horizontalisation of human rights, the new constitutional and political roles of the transnational corporations and the global religions as well as the influence of the supranational jurisdictions on the supranational and national legal orders.