In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief. The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.

Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features (e.g., liberty, health, autonomy, security, non-subordination, the absence of oppression, human dignity, the discovery of truth, the acquisition of knowledge, self-realization, human excellence, civic dignity, cultural diversity and choice, recognition of cultural identity, intercultural dialogue, participation in democratic self-government, being subject only to legitimate rule) and practical considerations (e.g., efficacy, the least restrictive alternative, chilling effects). The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue (e.g., reciprocity, equality, and mutual respect).

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.

This book brings together scholars from various disciplines to explore current issues and trends in the rethinking of migration and citizenship from the perspective of three major immigrant democracies - Australia, Canada, and the United States. These countries share a history of pronounced immigration and emigration, extensive experience with diasporic and mobile communities, and with integrating culturally diverse populations. They also share an approach to automatic citizenship based on the principle of jus soli (as opposed to the traditionally common jus sanguinis of continental Europe), and a comparatively open attitude towards naturalization. Some of these characteristics are now under pressure due to the "restrictive turn" in citizenship and migration worldwide. This volume explores the significance of political structures, political agents and political culture in shaping processes of inclusion and exclusion in these diverse societies. This book was originally published as a special issue of Citizenship Studies.

The present volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi-juridictions) as regards the legal "status" of same-sex couples. Its aim is to explore the content, rationale, functioning and potential of the different jurisdictions' reasonings and their contribution to the strengthening of LGBTI rights (and duties). As a consequence, the book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, taking always into account the relationship of the judiciary with the executive and the legislature and the related problems of legitimacy and democracy. The volume deals with this issue and considers it as a crucial test for modern democracies and contemporary societies.

Together, the US Constitution and the Bill of Rights comprise the constitutional foundation of the United States. These-the oldest governing documents still in use in the world-urgently need an update, just as the constitutions of other countries have been updated and revised. Human Rights Of, By, and For the People brings together lawyers and sociologists to show how globalization and climate change offer an opportunity to revisit the founding documents. Each proposes specific changes that would more closely align US law with international law. The chapters also illustrate how constitutions are embedded in society and shaped by culture. The constitution itself sets up contentious relationships among the three branches of government and between the federal government and each state government, while the Bill of Rights and subsequent amendments begrudgingly recognize the civil and political rights of citizens. These rights are described by legal scholars as "negative rights," specifically as freedoms from infringements rather than as positive rights that affirm personhood and human dignity. The contributors to this volume offer "positive rights" instead. The Universal Declaration of Human Rights (UDHR), written in the middle of the last century, inspires these updates. Nearly every other constitution in the world has adopted language from the UDHR. The contributors use intersectionality, critical race theory, and contemporary critiques of runaway economic inequality to ground their interventions in sociological argument.

This book discusses the procedural rights enjoyed by those being investigated under Articles 81 and 82 of the EC Treaty and of the Merger Control Regulation, and their right to challenge the Commission's decision in the Community Courts. It further assesses how their rights to 'due process' in competition proceedings before the European Commission comply with the notion of 'administrative fairness' enshrined in the European Convention on Human Rights, in accordance with the case law of the European Court of Human Rights. In this study, Arianna Andreangeli takes into account key developments such as modernisation and its impact on competition proceedings before the Commission, the debate on the principles of legal professional privilege, the protection against self incrimination, the rule of ne bis in idem and the possibility of establishing an 'EU competition court'. It offers an examination of the right to be heard, the right to have access to the Commission-held evidence, and to legal professional privilege, and the right to silence and to seek judicial review of Commission decisions and assess them in the light of the Strasbourg court's case law. Academics active in the area of competition law, EU law and human rights, as well as practitioners active in the area of competition law will find much to interest them in this book.

Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.

The right to freedom of religion or belief, as enshrined in international human rights documents, is unique in its formulation in that it provides protection for the enjoyment of the rights "in community with others". This book explores the notion of the collective dimension of freedom of religion or belief with a view to advance the protection of this right. The book considers Turkey which provides a useful test case where both the domestic legislation can be assessed against international standards, while at the same time lessons can be drawn for the improvement of the standard of international review of the protection of the collective dimension of freedom of religion or belief. The book asks two main questions: what is the scope and nature of protection afforded to the collective dimension of freedom of religion or belief in international law, and, secondly, how does the protection of the collective dimension of freedom of religion or belief in Turkey compare and contrast to international standards? In doing so it seeks to identify how the standard of international review of the collective dimension of freedom of religion can be improved.

Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Interpretations of international human rights treaties tend either to ignore or downplay obligations beyond this 'territorial space'. This edited volume challenges the territorial bias of mainstream human rights law. It argues that with increased globalisation and the impact of international corporations, organisations and non-State actors, human rights law will become less relevant if it fails to adapt to changing realities in which States are no longer the only leading actor. Bringing together leading scholars in the field, the book explores potential applications of international human rights law in a multi-duty bearer setting. The first part of the book examines the current state of the human rights obligations of foreign States, corporations and international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations and responsibility. The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of foreign States as well as of non-State actors. As a marker of important progress in understanding what lies ahead for integrating foreign States and non-State actors in the human rights dutybearer regime, this book will be of great interest to scholars and practitioners of international human rights law, public international law and international relations.

How big a problem is torture? Are the right things being done to prevent it? What does the UN do, and why does it appear at times to be so impotent in the face of torture? In this vitally important work, Malcolm D. Evans tells the story of torture prevention under international law, setting out what is really happening in places of detention around the world. Challenging assumptions about torture’s root causes, he calls for what is needed to enable us to be in a better position to bring about change. The author draws on over ten years’ experience as the Chair of the United Nations Sub-Committee for Prevention of Torture to give a frank account of the remarkable capacities of this system, what it has achieved in practice, what it has not been able to achieve – and most importantly, why.

The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status - has frequently been neglected. It is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law. Only recently has human rights law has begun to address the structured inequalities and exclusions that define the domain of domestic work. This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on 'primary care providers', as well as the effect that trends in migration law have on migrant domestic workers. This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies.

The central concern of this book is to find answers to fundamental questions about the British asylum system and how it operates. Based on ethnographic research over a two-year period, the work follows and analyses numerous asylum appeals through the British courts. It draws on myriad interviews with individuals and a thorough examination of many state and non-state organizations to understand how the system works. While the organization of the book reflects the formal asylum process, a focus on specific legal appeals reveals the 'political' factors at play as different institutions and actors seek to influence judicial decision-making and overturn/uphold official asylum policy. The final chapter draws on the author's ethnographic findings of the UK's 'asylum field' to re-examine research on the Refugee Determination System in the US, Canada and Australia which has narrowly focused on judicial decision-making. It argues that analysis of Refugee Determination Systems must be situated and studied as part of a wider, political, semi-autonomous 'asylum field' which needs to be better understood. Providing an in-depth ethnographic study of a national asylum system and of immigration law and practice, the book will be an invaluable resource for academics, researchers and policy-makers in the UK and beyond working in this highly topical area.

This book presents a collection of essays on key topics and new perspectives on the EU's Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe's area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with 'mainstream' EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important 'meta' issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.

This book describes the experiences of undocumented migrants, all around the world, bringing to life the challenges they face from the moment they consider leaving their country of origin, until the time they are deported back to it. Drawing on a broad array of academic studies, including law, interpretation and translation studies, border studies, human rights, communication, critical discourse analysis and sociology, Robert Barsky argues that the arrays of actions that are taken against undocumented migrants are often arbitrary, and exercised by an array of officials who can and do exercise considerable discretion, both positive and negative. Employing insights from a decade-long research project, Barsky also finds that every stop along the migrant's pathway into, and inside of, the host country is strewn with language issues, relating to intercultural communication, interpretation, gossip, hearsay, and the challenges of peddling of linguistic wares in the social discourse marketplace. These language issues are almost always impediments to anodyne or productive interactions with host country officials, particularly on the "front-lines" where migrants encounter border patrol and law enforcement officers without adequate means of communicating their situation or understanding their rights. Since undocumented people are categorized as 'illegal', they can be subjected to abuse and exploitation by host country officials, who can choose to either tolerate or punish them on the basis of unpredictable, changeable, and even illusory or "arbitrary" laws and regulations. Citing experts at every level of the undocumented immigrant apparatuses worldwide, from public defenders to interpreters, Barsky concludes that the only viable policy to address prevailing abuses and inequalities is to move towards open borders, an approach that would address prevailing issues and, surprisingly, provide security and economic benefits to both host and home countries.

A clear, concise primer on the EU GDPR The EU General Data Protection Regulation (GDPR) is a key piece of legislation that provides a single, harmonised privacy law for the European Union, improving the promotion and regulation of data privacy. With the Regulation now formally approved by the European Parliament, all companies that operate in Europe have until 26 April 2018 to comply with the new law, or potentially face fines of up to 4% of annual turnover or 20 million. This pocket guide is the perfect introduction for organisations that need to get to grips with the key principles of data privacy and the EU General Data Protection Regulation.

This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.

The workplace is a key forum in which the issue of religion and its position in the public sphere is under debate. Desires to observe and express religious beliefs in the workplace can introduce conflict between employees and employers. This book addresses the role the law plays in the resolution of these potential conflicts. The book considers the definition and underlying motives of religious expression, and explores the different ways it may impact the workplace. Andrew Hambler identifies principled responses to workplace religious expression within a liberal state and compares this to the law applying in England and Wales and its interpretation by courts and tribunals. The book determines the extent to which freedom of religious expression for the individual enjoys legal protection in the workplace in England and Wales, and asks whether there is a case for changing the law to strengthen that protection. The book will be of great use and interest to scholars and students of religion and the law, employment law, and religion and human rights.

This book offers a unique insight into the role of human rights lawyers in Chinese law and politics. In her extensive account, Eva Pils shows how these practitioners are important as legal advocates for victims of injustice and how bureaucratic systems of control operate to subdue and marginalise them. The book also discusses how human rights lawyers and the social forces they work for and with challenge the system. In conditions where organised political opposition is prohibited, rights lawyers have begun to articulate and coordinate demands for legal and political change. Drawing on hundreds of anonymised conversations, the book analyses in detail human rights lawyers' legal advocacy in the face of severe institutional limitations and their experiences of repression at the hands of the police and state security apparatus, along with the intellectual, political and moral resources lawyers draw upon to survive and resist. Key concerns include the interaction between the lawyers and their bureaucratic, professional and social environments and the forms and long term political impact of resistance. In addressing these issues, Pils offers a rare evaluative perspective on China's legal and political system, and proposes new ways to assess domestic advocacy's relationship with international human rights and rule of law promotion. This book will be of great interest and use to students and scholars of law, Chinese studies, socio-legal studies, political studies, international relations, and sociology. It is also of direct value to people working in the fields of human rights advocacy, law, politics, international relations, and journalism.

Adding an important new dimension to the history of U.S.-Japan relations, this book reveals that an unofficial movement to promote good feeling between the United States and Japan in the 1920s and 1930s only narrowly failed to achieve its goal: to modify the so-called anti-Japanese exclusion clause of the 1924 U.S. immigration law.
It is well known that this clause caused great indignation among the Japanese, and scholars have long regarded it as a major contributing factor in the final collapse of U.S.-Japan relations in 1941. Not generally known, however, is that beginning immediately after the enactment of the law, private individuals sought to modify the exclusion clause in an effort to stabilize relations between the two countries. The issue was considered by American and Japanese delegates at almost all subsequent U.S.-Japan diplomatic negotiations, including the 1930 London naval talks and the last-minute attempts to prevent war in 1941.
However, neither the U.S. State Department nor the Japanese Foreign Office was able to take concrete measures to resolve the issue. The State Department wanted to avoid appearing to meddle with Congressional prerogatives, and the Foreign Office did not want to be seen as intruding in American domestic affairs. This official reluctance to take action opened the way for major efforts in the private sector to modify the exclusion clause.
The book reveals how a number of citizens in the United States--mainly clergy and business people--persevered in their efforts despite the obstacles presented by anti-Japanese feeling and the economic dislocations of the Depression. One of the notable disclosures in the book is that this determined private push for improved relations continued even after the 1931 Manchurian Incident.

'Noncitizenship', if it is considered at all, is generally seen only as the negation or deprivation of citizenship. It is rarely examined in its own right, whether in relation to States, to noncitizens, or citizens. This means that it is difficult to examine successfully the status of noncitizens, obligations towards them, and the nature of their role in political systems. As a result, not only are there theoretical black holes, but also the real world difficulties created as a result of noncitizenship are not currently successfully addressed. In response, Theorising Noncitizenship seeks to define the theoretical challenge that noncitizenship presents and to consider why it should be seen as a foundational concept in social science. The contributions, from leading scholars in the field and across disciplinary backgrounds, capture a diversity of perspectives on the meaning, position and lived experience of noncitizenship. They demonstrate that, we need to look beyond citizenship in order to take noncitizenship seriously and to capture fully the lived realities of the contemporary State system. This book was previously published as a special issue of Citizenship Studies.

International migration has been described as one of the defining issues of the twenty-first century. While a lot is known about the complex nature of migratory flows, surprisingly little attention has been given to one of the most prominent responses by governments to human mobility: the practice of immigration detention. Intimate Economies of Immigration Detention provides a timely intervention, offering much needed scrutiny of the ideologies, policies and practices that enable the troubling, unparalleled and seemingly unbridled growth of immigration detention around the world. An international collection of scholars provide crucial new insights into immigration detention recounting at close range how detention's effects ricochet from personal and everyday experiences to broader political-economic, social and cultural spheres. Contributors draw on original research in the US, Australia, Europe, and beyond to scrutinise the increasingly tangled relations associated with detention operation and migration management. With new theoretical and empirical perspectives on detention, the chapters collectively present a toolbox for better understanding the forces behind and broader implications of the seemingly uncontested rise of immigration detention. This book is of great interest to those who study political economy, economic geography and immigration policy, as well as policy makers interested in immigration.

In 1990, after the end of the Pinochet regime, the newly-elected democratic government of Chile established a Truth and Reconciliation Commission (TRC) to investigate and report on some of the worst human rights violations committed under the seventeen-year military dictatorship. The Chilean TRC was one of the first truth commissions established in the world. This book examines whether and how the work of the Chilean TRC contributed to the transition to democracy in Chile and to subsequent developments in accountability and transformation in that country. The book takes a long term view on the Chilean TRC asking to what extent and how the truth commission contributed to the development of the transitional justice measures that ensued, and how the relationship with those subsequent developments was established over time.It argues that, contrary to the views and expectations of those who considered that the Chilean TRC was of limited success, that the Chilean TRC has, in fact, over the longer term, played a key role as an enabler of justice and a means by which ethical and institutional transformation has occurred within Chile. With the benefit of this historical perspective, the book concludes that the impact of truth commissions in general needs to be carefully reviewed in light of the Chilean experience. This book will be of great interest and use to students and scholars of conflict resolution, criminal international law, and comparative legal systems in Latin America.

Immigration has been a controversial and contentious area of public policy since the Commonwealth Immigration Act ended most primary immigration in 1962. This study looks in detail at the work of practioners in the court-system that hears appeals from immigrants and asylum seekers against decisions made by the British Government. The book contains chapters about decision making in primary purpose and the asylum appeals, the administrative problems faced by successive British governments, and the perspectives of pressure groups and politicians. The British Immigration Courts transforms our understanding of immigration as a political issue through preserving a sense of routine work in the courts, civil service and political process which is ignored or idealised by other approaches. It is essential reading for practioners, academics and students interested in current debates about policy.

The field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justice pursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice - underpinned by a strictly normative or doctrinal concept of law - can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.