Can the Australian state be restructured to empower Aboriginal and Torres Strait Islander peoples and ensure that their distinct voices are heard in the processes of government? This book provides an answer to that question for Australia and provides guidance for all states that claim jurisdiction and authority over the traditional lands of Indigenous peoples. By engaging directly with Indigenous peoples' nuanced and complex aspirations, this book presents a viable model for structural reform. It does so by adopting a distinctive and innovative approach: drawing on Indigenous scholarship globally it presents a coherent and compelling account of Indigenous peoples' political aspirations through the concept of sovereignty. It then articulates those themes into a set of criteria legible to Australia's system of governance. This original perspective produces a culturally informed metric to assess institutional mechanisms and processes designed to empower Indigenous peoples. Reflecting the Uluru Statement from the Heart's call for a First Nations Voice, the book applies the criteria to one specific institutional mechanism - Indigenous representative bodies. It analyses in detail the Aboriginal and Torres Strait Islander Commission and the Swedish Sami Parliament, a representative body for the Indigenous people of Sweden. In examining the Sami Parliament the book draws on a rich source of primary and secondary untranslated Swedish-language sources, resulting in the most comprehensive English language exploration of this unique institution. Highlighting the opportunities and challenges of Indigenous representative bodies, the book concludes by presenting a novel and informed model for structural reform in Australia that meets Indigenous aspirations.

At a time of rising populism and debate about immigration, leading legal academic Jo Shaw sets out to review interactions between constitutions and constructs of citizenship. This incisive appraisal is the first sustained treatment of the relationship between citizenship and constitutional law in a comparative and transnational perspective. Drawing on examples from around the world, it assesses how countries' legal, political and cultural processes help to determine the boundaries of citizenship. For students and academics across political, social and international disciplines, Shaw offers an accessible response to some of the most pressing international questions of our age.

First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.

Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book's core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.

This book provides different analytical perspectives into how human rights-based approaches to development (HRBADs) contribute to change. Based on the understanding that HRBADs are increasingly integrated into development and governance discourse and processes in many societies and organisations, it explores how the reinforcement of human rights principles and norms has impacted the practices and processes of development policy implementation. To reflect on the nature of the change that such efforts may imply, the chapters examine critically traditional and innovative ways of mainstreaming and institutionalising human right in judicial, bureaucratic and organisational processes in development work. Attention is also paid to the results assessment and causal debates in the human rights field. The articles discuss important questions concerning the legitimacy of and preconditions for change. What is the change that development efforts should seek to contribute to and who should have the power to define such change? What is required of institutional structures and processes within development organisations and agencies in order for human rights integration and institutionalisation to have transformative potential? This book was previously published as a special issue of the Nordic Journal of Human Rights.

Although international human rights law establishes the individual right to receive reparations, collective reparations have been considered a common response from judicial and non-judicial bodies to reparations for victims of gross violations of human rights. As such, collective reparations have been awarded within the field of international human rights law, international criminal law and transitional justice. Yet the concept, content and scope of collective reparations are rather unspecified. To date, neither the judicial nor the non-judicial bodies that have granted this kind of reparations have ever defined them.This book presents the first study on collective reparations. It aims to shed light on the legal framework, content and scope of collective reparations, and to the relationship between collective reparations and the individual right to reparations. In order to do so, the book analyses specific case law from the Inter-American Court of Human Rights, the International Criminal Court and the Extraordinary Chambers in the Courts of Cambodia. Additionally, the practices of non-judicial mechanisms were examined, specifically those of the Peruvian and Moroccan Truth Commissions and of two mass claims compensation commissions (the United Nations Compensation Commission and the Eritrea-Ethiopia Claims Commission). Finally, it provides an overview of the challenges that collective reparations present to the fields of international human rights law and international criminal law, including in their implementation.

A compelling account of how women shaped the common law right to privacy during the late nineteenth and early twentieth centuries Drawing on a wealth of original research, Jessica Lake documents how the advent of photography and cinema drove women-whose images were being taken and circulated without their consent-to court. There they championed the creation of new laws and laid the groundwork for America's commitment to privacy. Vivid and engagingly written, this powerful work will draw scholars and students from a range of fields, including law, women's history, the history of photography, and cinema and media studies.

Linking critical legal thinking to constitutional scholarship and a practical tradition of US lawyering that is orientated around anti-poverty activism, this book offers an original, revisionist account of contemporary jurisprudence, legal theory and legal activism. The book argues that we need to think in terms of a much broader inheritance for critical legal thinking that derives from the social ethics of the progressive era, new left understandings of "creative democracy" and radical theology. To this end, it puts jurisprudence and legal theory in touch with recent scholarship on the American left and, indeed, with attempts to recover the legacies of progressive era thinking, the civil rights struggle and the Great Society. Focusing on the theory and practice of poverty law in the period stretching from the mid-1960s to the present day, the book argues that at the heart of both critical and liberal thinking is an understanding of the lawyer as an ethical actor: inspired by faith or politics to appreciate the potential and limits of law in the struggle against economic inequality.

Coercive Care asks probing and challenging questions regarding the use of coercion in health care and the social services. The book combines philosophical analysis with comparative studies of social policy and law in a large number of industrialized countries.

In exploring a series of problems associated with privacy and the First Amendment, Bloustein defines individual and group privacy, distinguishing them from each other and related concepts. He also identifies the public interest in individual privacy as individual integrity or liberty, and that of group privacy as the integrity of social structure. The legal protection afforded each of these forms of privacy is illustrated at length, as is the clash between them and the constitutional guarantees of the First Amendment and the citizen's general right to know. In his final essay, Bloustein insists that the concept of group privacy is essential to a properly functioning social structure, and warns that it would be disastrous if this principle were neglected as part of an overreaction to the misuse of group confidences that characterized the Nixon era.

Extraterritorial Human Rights Obligations from An African Perspective addresses the often neglected question of whether African regional human rights instruments impose extraterritorial obligations on State parties, and if so, the extent and scope of these obligations.The prevalence of extraterritorial violations of human and peoples' rights in the African system, due to the actions or omissions of African as well as non-African states, has not gone unnoticed. Strengthening extraterritorial obligations in Africa is an urgent necessity to ensure a rights-based African regional order that seeks to address, among other issues, challenges stemming from globalisation, accountability for human rights violations in Africa where a third state or entity (as well as an intergovernmental organisation) is involved, and to ensure respect and protection of the human rights of future generations. With the increasing quasi-judicial and judicial scrutiny of the extraterritorial reach of human rights and states duties, at both international and regional levels, including from the African Commission, the African region is ripe for extraterritorial analysis.Extraterritoriality is an emerging concept in the context of international human rights law, and has generally not been the focus of many books, and less so in the African context. This book is therefore among the first book of its kind providing the reader with a unique perspective on this important topic.

Between 1822 and 1857, eight Southern states barred the ingress of all free black maritime workers. According to lawmakers, they carried a 'moral contagion' of abolitionism and black autonomy that could be transmitted to local slaves. Those seamen who arrived in Southern ports in violation of the laws faced incarceration, corporal punishment, an incipient form of convict leasing, and even punitive enslavement. The sailors, their captains, abolitionists, and British diplomatic agents protested this treatment. They wrote letters, published tracts, cajoled elected officials, pleaded with Southern officials, and litigated in state and federal courts. By deploying a progressive and sweeping notion of national citizenship - one that guaranteed a number of rights against state regulation - they exposed the ambiguity and potential power of national citizenship as a legal category. Ultimately, the Fourteenth Amendment recognized the robust understanding of citizenship championed by Antebellum free people of color, by people afflicted with 'moral contagion'.

The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring presents new findings and perspectives from leading international scholars on several emerging areas issues in legal and economic research. The collection contains new theoretical papers on privacy, the protection of personal data, the use of regulatory monitoring under legal standards versus rules, a study of the properties of market efficiency in securities fraud litigation, as well as an analysis of non-exclusionary price floors. It also contains an empirical paper on the relationship between uncertainty of patent approval of artificial intelligence applications and the Supreme Court's decision in Alice Corp. v. CLS Bank International. Finally, the volume features a law-and-economics assessment of the Chinese financial system within the context of the trade-off between centralized control and rapid growth. This 30th volume of Research in Law and Economics showcases the cutting edge theoretical and empirical findings for researchers and professionals considering these complex issues intersecting law, technology, and economics.

Freedom of Information (FOI) in China is often perceived as a recent and intriguing phenomenon. This book presents a more complex and detailed understanding of the evolution of FOI in China, using information flow analysis to explore the gradual development of government receptivity to FOI in an information environment through time. The book argues that it is necessary to reassess the widely divergent origins of FOI reform in China, and asserts that social, political and legal factors should have central roles in understanding the development of FOI in China. The book uses information flow analysis to find that FOI reform in China formed part of a much longer process of increased transparency in the Chinese information environment, which gradually shifted from the acceptance of proactive disclosure to that of reactive disclosure. FOI thus has become a beneficiary of this gradual transformation of the Chinese information environment.

The Soviet Union comprehensively governed the mobility of its citizens by barring emigration and strictly regulating internal migration. In the aftermath of the Soviet collapse, the constitution and laws of the new Russian Federation appeared to herald a complete break with the repressiveness of the previous government. Russian law now proclaims the right of Russian citizens and residents to move around their country freely. This book examines how and why this post-Soviet legal promise of internal freedom of movement has been undermined in practice by both federal and regional policies. It thereby adds a new dimension to scholarly understanding of the nature of rights, citizenship, and law enforcement in contemporary Russia. Most contemporary works focus on the attempts of developed Northern countries to regulate migration from the global South to the global North: here Matthew Light examines the restriction of migration within Soviet and post-Soviet Russia, providing a comprehensive view into an area rarely explored within migration scholarship. Fragile Migration Rights develops a comprehensive theoretical framework to analyse this complex subject. It is essential reading for students and academics from a range of disciplines including criminology, human rights, migration studies, and political science.

The relationship between culture and the law has become an emergent concern within contemporary Cultural Studies as a field, but the recent focus has been largely limited to the role played by cultural representations and identity politics in the legitimation of legal discourse and policies. While continuing this emphasis, this collection also looks at the law itself as a cultural production, tracing some of the specific contours of its function in the last three decades. It argues that, with the onset of neoliberal or late capitalism, the law has taken on a new specificity and power, leading to what we are calling the 'juridical turn', where the presumed legitimacy of the law makes other forms of hegemonic struggle secondary. The collection not only charts the law and cultural policy as they exert their powerful-if often overlooked-influence on every aspect of society and culture, but it also seeks to define this important field of study and demonstrate the substantial role law plays in the production of our social and cultural worlds. In this trailblazing collection of contributions by leading and emerging figures in the field of cultural legal studies, chapters examine various ways in which this process is manifested, such as U.S. legislation and Supreme Court Decisions on gay marriage, immigration, consumer finance, welfare, copyright, and so-called victim's rights, along with international comparisons from Europe and Latin America. It promises to be a pathbreaking analysis of our juridically-determined conjuncture. This book was originally published as a special issue of Cultural Studies.

Chile's constitutional moment began as a popular demand in late 2019. This collection seizes the opportunity of this unique moment to unpack the context, difficulties, opportunities, and merits to enhance the status of environmental and social rights (health, housing, education and social security) in a country's constitution. Learning from Chilean and international experiences from the Global South and North, and drawing on the analysis of both academics and practitioners, the book provides rigorous answers to the fundamental questions raised by the construction of a new constitutional bill of rights that embraces climate and social justice. With an international and comparative perspective, chapters look at issues such as political economy, the judicial enforceability of social rights, implications of the privatisation of public services, and the importance of active participation of most vulnerable groups in a constitutional drafting process. Ahead of the referendum on a new constitution for Chile in the second half of 2022, this collection is timely and relevant and will have direct impact on how best to legislate effectively for social rights in Chile and beyond.

This collection explores and illustrates issues arising from 'political' approaches to human rights in contrast to the more traditional 'moral' approaches. Moral approaches conceptualize and justify human rights in terms of priority rights which are both universal and moral. In contrast, political approaches focus on those human rights practices involved in the development and operation of human rights institutions, laws and political process, all in relative independence from their alleged moral foundations. The book contributes to the understanding and analysis of 'political approaches', including consideration of their diversity, and discussion of their strengths and weaknesses. The choice of contributors presents a balance between those theorists who favour some version of the political approach and those who are dubious about the perceived advantages. The chapters are grouped together in parts which constitute the distinctive issues addressed in the book. At a time when there is considerable uncertainty concerning their conceptual clarity, operation, feasibility, and their normative justifications, this volume will be of interest to those involved with the theory and practice of human rights, within law schools, and in politics and philosophy departments. It will also provide a useful resource for human rights practitioners and policy makers.

In 2004, a judgment from the highest court in the UK gave birth to a new era of privacy law. That case, brought by the supermodel Naomi Campbell against Mirror Group Newspapers, is today rightly regarded as a turning point for the protection of individuals' privacy. The case is seen as the turning point in the development of English privacy law, and has also had major implications for the law elsewhere, including in Australia, New Zealand, Ireland, and Canada. The manner in which the common law's privacy protections have developed since, and the direction in which they might develop still further, are the subject of this book. This collection, written by leading scholars in the privacy field from the UK and beyond, considers the legacy of Campbell's case. The contributors address the Campbell legacy from a range of legal perspectives and discuss broader themes of power, metaphor, consistency, and technological change. This book was originally published as a special issue of the Journal of Media Law.

In the spirit of the time, the Civil Rights Act of 1964 and the Voting Rights Act of 1965 called for nondiscrimination for American citizens, seeking equality without regard for race, color, or creed. After the mid-1960s, to make amends for wrongs of the past, some people called for benign discrimination to give blacks a special boost. In business and government this could be accomplished through racial preferences or quotas; in public education, by considering race when assigning students to schools. By 1980 this course reached a crossroads. Raymond Wolters maintains that Ronald Reagan and William Bradford Reynolds made the "right turn" when they questioned and limited the use of racial considerations in drawing electoral boundaries. He also documents the Reagan administration's considerable success in reinforcing within the country, and reviving within the judiciary, the conviction that every person black or white should be considered an individual with unique talents and inalienable rights. This book begins with a biographical chapter on William Bradford Reynolds, the Assistant Attorney General who was the principal architect of Reagan's civil rights policies. It then analyzes three main civil rights issues: voting rights, affirmative action, and school desegregation. Wolters describes specific cases: at-large elections and minority vote dilutions; congressional districting in New Orleans; legislative districting in North Carolina; the debates over the Civil Rights Act of 1964; social science critiques of affirmative action; the question of quotas; and school desegregation and forced busing. Because Ronald Reagan and William Bradford Reynolds were men of the right, and because most journalists and historians are on the left, Wolters feels the "people of words" have dealt harshly with the Reagan administration. In writing this book, he hopes to correct the record on a subject that has been badly represented. Wolters points out that, beginning in the 1980s and continuing in the 1990s, the Supreme Court endorsed the legal arguments that Reagan's lawyers developed in the fields of voting rights, affirmative action, and school desegregation. In "Right Turn," Wolters responds to those who claimed that Reagan and Reynolds were racists who wanted to turn back the clock on civil rights, and he describes civil rights cases and controversies in a way that is comprehensible to general readers as well as to lawyers and historians.

Successive amendments in the citizenship law in India have spawned distinct regimes of citizenship. The idea of citizenship regimes is crucial for making the argument that law must be seen not simply as bare provisions but also examined for the ideological practices that validate it and lay claims to its enforceability. While citizenship regime in India can be distinguished from one another on the basis on their distinct political and legal rationalities, cumulatively they present a movement from jus soli to jus sanguinis. The movement towards jus sanguinis has been a complex process of entrenchment of exclusionary nationhood under the veneer of liberal citizenship. This work argues that the contemporary landscape of citizenship in India is dominated by the Citizenship Amendment Act (CAA) 2019 and the National Register of Citizens (NRC). The CAA 2019 and the NRC emerged as distinct tendencies from the amendment in the citizenship law in 2003. These tendencies subsequently become conjoined in an ideological alignment to make citizenship dependent on lineage, spelling out ideas of belonging which are tied to descent and blood ties. The NRC has invoked the spectre of 'crisis' in citizenship generated by indiscriminate immigration and the risks presented by 'illegal migrants', to justify an extraordinary regime of citizenship. The CAA provides for the exemption of some migrants from this regime by making religion the criterion of distinguishability. The CAA 2019 and NRC have generated a regime of 'bounded citizenship' based on the assumption that citizenship can be passed on as a legacy of ancestry making it a natural and constitutive identity. The politics of Hindutva serves as an ideological apparatus buttressing the regime and propelling the movement away from the foundational principles of secular-constitutionalism that characterised Indian citizenship in 1949.

A critical examination of the relationship of law and sexual orientation in the United States, the United Kingdom and Canada. Law is one of the primary means through which lesbian and gay male sexuality is constructed, monitored and controlled. This text exposes the connection through an exploration of key questions of current interest and controversy. The author examines the motivations behind legal restrictions and their impact both upon sexual sub-cultures and dominant society. The book tackles the areas of controversy that have erupted in the 1980s and the 1990s: public funding restrictions on "homoerotic art"; sodomy laws; the regulation of safe sex educational materials; gay pornography and feminist theory; lesbians and gay men in the American military; sadomasochism and the law; and legal restrictions on the "promotion" of homosexuality. The author concludes with an examination of the challenges posed by the newly emerging queer identities and the likely direction of future struggles.

A critical examination of the relationship of law and sexual orientation in the United States, the United Kingdom and Canada. Law is one of the primary means through which lesbian and gay male sexuality is constructed, monitored and controlled. This text exposes the connection through an exploration of key questions of current interest and controversy. The author examines the motivations behind legal restrictions and their impact both upon sexual sub-cultures and dominant society. The book tackles the areas of controversy that have erupted in the 1980s and the 1990s: public funding restrictions on "homoerotic art"; sodomy laws; the regulation of safe sex educational materials; gay pornography and feminist theory; lesbians and gay men in the American military; sadomasochism and the law; and legal restrictions on the "promotion" of homosexuality. The author concludes with an examination of the challenges posed by the newly emerging queer identities and the likely direction of future struggles.

This interdisciplinary book explores the Northern Ireland conflict through a human rights framework. The book examines the conflict from the creation of the Northern Ireland state in 1921 to 2014. This timeframe allows an analysis of how human rights impacted upon the conflict in its broadest understanding (i.e. the pre-violent conflict, the violent conflict and the post-violent conflict phases). Furthermore, it allows for a better understanding of how the various stages of the conflict impacted upon how human rights are understood in Northern Ireland today. The study's main findings are that: (i) human rights had a significant impact on the development of the conflict; (ii) human rights violations were both underlying causes and direct causes of the descent into violence; (iii) the conflict coloured the view of human rights held by the main political actors; and (iv) human rights continue to be partially understood through the prism of the conflict. More generally, this interdisciplinary work explores the relationship between law, politics and conflict. This book will be of much interest to students of human rights, conflict resolution, British politics, law and security studies.

Although the number of elderly people in Britain is increasing steadily, the law in relation to their particular needs is a relatively neglected field. The Law and Elderly People was the first text to provide easily accessible information for those involved in advice-giving and service provision in this rapidly developing field. This second edition has been fully revised and completely updated to reflect the major legal and social changes which have recently occurred. Concerned for the independence and autonomy of both young elderly and the old elderly, the book covers employment and income, accomodation and housing, community and residential care, health provision and delivery and family relationships, thus providing an important guide to the most important legal issues.
The Law and Elderly People will be of practical help to all those concerned with the welfare of the elderly and to undergraduates and lecturers in social work, law and gerontology.