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.

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.

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.

This study examines a key aspect of regulatory policy in the field of data protection, namely the frameworks governing the sharing of data for law enforcement purposes, both within the EU and between the EU and the US and other third party countries. The work features a thorough analysis of the main data-sharing instruments that have been used by law enforcement agencies and the intelligence services in the EU and in the US between 2001 to 2015. The study also explores the challenges to data protection which the current frameworks create, and explores the possible responses to those challenges at both EU and global levels. In offering a full overview of the current EU data-sharing instruments and their data protection rules, this book will be of significant benefit to scholars and policymakers working in areas related to privacy, data protection, national security and EU external relations.

This book investigates and analyses how administrative law works in practice through a detailed case-study and evaluation of one of the UK's largest and most important administrative agencies, the immigration department. In doing so, the book broadens the conversation of administrative law beyond the courts to include how administrative agencies themselves make, apply, and enforce the law. Blending theoretical and empirical administrative-legal analysis, the book demonstrates why we need to pay closer attention to what government agencies actually do, how they do it, how they are organised, and held to account. Taking a contextual approach, the book provides a detailed analysis of how the immigration department performs its core functions of making policy and law, taking mass casework decisions, and enforcing immigration law. The book considers major recent episodes of immigration administration including the development of the hostile environment policy and the treatment of the Windrush generation. By examining a diverse range of material, the book presents a model of administrative law based upon the organisational competence and capacity of administration and its institutional design. Alongside diagnosing the immigration department's failings, the book advances positive proposals for its reform.

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.

Judicial Reasoning under the UK Human Rights Act is a collection of essays written by leading experts in the field, which examines judicial decision-making under the UK??'s de facto Bill of Rights. The book focuses both on changes in areas of substantive law and the techniques of judicial reasoning adopted to implement the Act. The contributors therefore consider first general Convention and Human Rights Act concepts ??? statutory interpretation, horizontal effect, judicial review, deference, the reception of Strasbourg case-law ??? since they arise across all areas of substantive law. They then proceed to examine, not only the use of such concepts in particular fields of law (privacy, family law, clashing rights, discrimination and criminal procedure), but also the modes of reasoning by which judges seek to bridge the divide between familiar common law and statutory doctrines and those in the Convention.

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.

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.

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.

Interest in human rights has grown enormously over the past fifty years. But while the media focus mainly on dramatic issues such as unlawful killings, torture, disappearances, or free speech violations, institutions charged with the implementation of human rights (as set out in international treaties) spend a great deal of their time dealing with alleged violations that take place during criminal proceedings.And in the future such issues will become even more important as a result of the increasing internationalization of the administration of criminal justice. In this book, the case-law of the most important and influential international bodies dealing with such issues is presented and critically examined by an author who has spent almost a quarter of a century contributing to its evolution. The European Commission and the European Court of Human Rights, in particular, have accumulated a considerable quantity of case-law,which is of particular interest because of its applicability in both Anglo-Saxon and Continental systems of criminal procedure. The law of the European Convention is emphasized because of its advanced procedures and the quality and quantity of its case-law, however the author also gives considerable coverage to the application of the International Covenant on Civil and Political Rights and the American Convention on Human Rights. The book will be of interest to all scholars, practitioners, and students of international criminal law and human rights.

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.

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.

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.

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.

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.

This edited collection explains the importance of community empowerment in advancing public policy, and gives examples of how professionals have successfully mobilized the public in the past. Written primarily for students, academics, and lawyers, this book also attempts to bridge the widely publicized gap between professional advocates and grassroots organizations. The authors hope to demonstrate two basic principles: that the democratization of research and specialized practice enables the production of new insights; and that professionals' participation in the process of empowerment of low-income communities is transformative in ways that are enriching both professionally and personally.

The past decades have seen enormous changes in our perceptions of 'security', the causes of insecurity and the measures adopted to address them. Threats of terrorism and the impacts of globalisation and mass migration have shaped our identities, politics and world views. This volume of essays analyses these shifts in thinking and, in particular, critically engages with the concept of 'human security' from legal, international relations and human rights perspectives. Contributors consider the special circumstances of non-citizens, such as refugees, migrants, and displaced and stateless persons, and assess whether, conceptually and practically, 'human security' helps to address the multiple challenges they face.

Research on migration has often focused on push and pull factors; and on the mobilities which drive migration. What has often received less attention, and what this book recognises, is the importance of the creative activities which occur when strangers meet and settle for long periods of time in new places. Contributions consider case studies in Italy, Kyrgyzstan, France, Portugal and Australia, as well as taking a careful look at the Commonwealth City of Glasgow. They explore the making and use of literature (for adults and children) of art installations; translation processes in immigration law; education materials; and intercultural understanding. The research reveals the extent to which migration takes a place, and takes different forms, as life is made anew out of intercultural encounters which have a geographical specificity. This shift in focus allows a different lens to be placed on languages, intercultural communication and the activities of migration, and enables the settings themselves to come under scrutiny. This book was originally published as a special issue of Language and Intercultural Communication.

This book considers institutional racism as a problem that exists within modern societies. Its roots lie with the transatlantic slave trade and slavery and the solution involves ridding society of the problem. It is argued here that, first, there needs to be an acceptance of its existence, then developing the tools needed to deal with it and, finally, to implement those tools so that institutional racism can be permanently removed from society. The book has four themes: the first considers the nature of institutional racism, the second theme looks at instances of institutional racism through matters such as deaths in custody and skin lightening, the third considers the concept of reparations and the final area looks at the development of social movements as a way of pushing institutional racism up the political agenda. The development of a social movement is part of a social discourse which would, for example, push mentoring as a form of reparations. There is a need for more research on the manifestations of institutional racism and this book is part of that discourse. It is argued that the legacy of the slave trade and slavery is continuing and contemporary through the presence of institutional racism in society. This problem has not been addressed through legislation and policies devised to combat racial discrimination. Institutional racism needs to be understood as being located in the processes and procedures of societal institutions.

Rapid technological change, the advent of Big Data, and the creation of society-wide government surveillance programs have transformed the accessibility of highly personal information; these developments have highlighted the ambiguous treatment of privacy and personal intimacy. National legal systems vouchsafe and define "privacy," and its first cousin "dignity," in different ways that reflect local legal and cultural values. Yet, in an increasingly globalized world, purely local protection of privacy interests may prove insufficient to safeguard effectively fundamental autonomy interests - interests that lie at the core of self-definition, personal autonomy, and freedom. Privacy Revisited articulates the legal meanings of privacy and dignity through the lens of comparative law, and argues that the concept of privacy requires a more systematic approach if it is to be useful in framing and protecting certain fundamental autonomy interests. The book begins by providing relevant, and reasonably detailed, information about both the substantive and procedural protections of privacy/dignity in the U.S., Canada, South Africa, the United Kingdom, and among Council of Europe member states. Second, the book explores the inherent tension between affording significant legal protection to the right of privacy (or human dignity) and securing expressive freedoms, notably including the freedom of speech and of the press. The author then posits that the protection of privacy helps to illuminate some of the underlying social and political values that lead the U.S. to fail to protect privacy as reliably or as comprehensively as other liberal democracies. Finally, the book establishes that although privacy and speech come into conflict with some regularity, it is both useful and necessary to start thinking about the important ways in which both rights are integral to the maintenance of democratic self-government.

This edited collection explains the importance of community empowerment in advancing public policy, and gives examples of how professionals have successfully mobilized the public in the past. Written primarily for students, academics, and lawyers, this book also attempts to bridge the widely publicized gap between professional advocates and grassroots organizations. The authors hope to demonstrate two basic principles: that the democratization of research and specialized practice enables the production of new insights; and that professionals' participation in the process of empowerment of low-income communities is transformative in ways that are enriching both professionally and personally.

The First Amendment is perhaps the most important - and most debated - amendment in the US Constitution. It establishes freedom of speech, as well as that of religion, the press, peaceable assembly and the right to petition the government. But how has the interpretation of this amendment evolved? Milton Cantor explores America's political response to the challenges of social unrest and how it shaped the meaning of the First Amendment throughout the twentieth century. This multi-layered study of dissent in the United States from the early 1900s through the 1970s describes how Congress and the law dealt with anarchists, syndicalists, socialists, and militant labor groups, as well as communists and left-of-center liberals. Cantor describes these organizations' practices, policies, and policy shifts against the troubled background of war and overseas affairs. The volume chronologically explores each new challenge - both events and legislation - for the First Amendment and how the public and branches of government reacted. The meaning of the First Amendment was defined in the crucible of threats to national security. Some perceived threats were wartime events; the First World War instigated awareness of civil liberties, but in those times, security trumped liberty. In the peace that followed, efforts to curtail speech continued to prevail. Cantor analyzes the decades-long divisiveness regarding First Amendment decisions in the Supreme Court, coming down squarely in criticism of those who have argued for greater government control over speech.

More than merely describing the evolution of human rights and civil liberties law, this classic textbook provides students with detailed and thought-provoking coverage of the most crucial developments in the field, clearly explaining the law in context and practice. Updated throughout for this new edition, Fenwick on Civil Liberties and Human Rights considers a number of recent major changes in the law - in particular proposals to replace the Human Rights Act with a British Bill of Rights, and the Counter-Terrorism and Security Act 2015 - whilst also contextualising the impact of reforms on hate speech and contempt due to advances in new media. Comprehensive and authoritative, this textbook offers an essential resource for students on human rights or civil liberties courses, as well as a useful reference for students and scholars of UK Public Law.