Globalisation, Law and the State begins - as is customary in globalisation literature - with an acknowledgement of the definitional difficulties associated with globalisation. Rather than labour the point, the book identifies some economic, political and cultural dimensions to the phenomenon and uses these to analyse existing and emerging challenges to State-centric and territorial models of law and governance. It surveys three areas that are typically associated with globalisation - financial markets, the internet, and public contracts - as well as trade more generally, the environment, human rights, and national governance. On this basis it considers how global legal norms are formed, how they enmesh with the norms of other legal orders, and how they create pressure for legal harmonisation. This, in turn, leads to an analysis of the corresponding challenges that globalisation presents to traditional notions of sovereignty and the models of public law that have grown from them. While some of the themes addressed here will be familiar to students of the European process (there are prominent references to the European experience throughout the book), Globalisation, Law and the State provides a clear insight into how the sovereign space of States and their legal orders are diminishing and being replaced by an altogether more fluid system of intersecting orders and norms. This is followed by an analysis of the theory and practice of the globalisation of law, and a suggestion that the workings of law in the global era can best be conceived of in terms of networks that link together a range of actors that exist above, below and within the State, as well as on either side of the public-private divide. This book is an immensely valuable, innovative and concise study of globalisation and its effect on law and the state.

In quantity and importance, private standards are rapidly taking over the role of public norms in the international and national regulation of product safety. This book provides a comprehensive overview of the rise, role and status of these private product safety standards in the legal regulation of integrating markets. In international and regional trade law as in European and American constitutional and administrative law, tort law and antitrust law, the book analyses the ways in which legal systems can and do recognise private norms as 'law.' This sociological question of law's recognition of private governance is indissolubly connected with a normative question of democratic theory: can law recognize legal validity and democratic legitimacy outside the constitution, without constitutional political institutions and beyond the nation state? Or: can law 'constitute' private transnational governance? The book offers the first systematic treatment of European, American and international 'standards law' in the English language, and makes a significant contribution to the study of the processes of globalization and privatization in social and legal theory. For the thesis on which this book was based Harm Schepel was awarded the first EUI Alumni Prize for the "best interdisciplinary and/or comparative thesis on European issues" written at the EUI in recent years.

When the Founders penned the Fourth Amendment to the Constitution, it was not difficult to identify the "persons, houses, papers, and effects" they meant to protect; nor was it hard to understand what "unreasonable searches and seizures" were. The Fourth Amendment was intended to stop the use of general warrants and writs of assistance and applied primarily to protect the home. Flash forward to a time of digital devices, automobiles, the war on drugs, and a Supreme Court dominated by several decades of the jurisprudence of crime control, and the legal meaning of everything from "effects" to "seizures" has dramatically changed. Michael C. Gizzi and R. Craig Curtis make sense of these changes in The Fourth Amendment in Flux. The book traces the development and application of search and seizure law and MYUjurisprudence over time, with particular emphasis on decisions of the Roberts Court. Cell phones, GPS tracking devices, drones, wiretaps, the Patriot Act, constantly changing technology, and a political culture that emphasizes crime control create new challenges for Fourth Amendment interpretation and jurisprudence. This work exposes the tensions caused by attempts to apply pretechnological legal doctrine to modern problems of digital privacy. In their analysis of the Roberts Court's relevant decisions, Gizzi and Curtis document the different approaches to the law that have been applied by the justices since the Obama nominees took their seats on the court. Their account, combining law, political science, and history, provides insight into the court's small group dynamics, and traces changes regarding search and seizure law in the opinions of one of its longest serving members, Justice Antonin Scalia. At a time when issues of privacy are increasingly complicated by technological advances, this overview and analysis of Fourth Amendment law is especially welcome-an invaluable resource as weaddress the enduring question of how to balance freedom against security in the context of the challenges of the twenty-firstcentury.

James Madison presented his most celebrated and studied political ideas in his contributions to The Federalist, the essays that he, Alexander Hamilton, and John Jay wrote in 1787-1788 to secure ratification of the U.S. Constitution. As Jack N. Rakove shows in A Politician Thinking, however, those essays do not illustrate the full complexity and vigor of Madison's thinking. In this book, Rakove pushes beyond what Madison thought to examine how he thought, showing that this founder's political genius lay less in the content of his published writings than in the ways he turned his creative mind to solving real political problems. Rakove begins his analysis by examining how Madison drew upon his experiences as a member of the Continental Congress and as a Virginia legislator to develop his key ideas. Madison sought to derive lessons of history from his reading and his own experience, but he also thought about politics in terms of what we now recognize as game theory. After discussing Madison's approach to the challenge of constitutional change, Rakove emphasizes his strikingly modern understanding of legislative deliberation, which he treated as the defining problem of republican government. Rakove also addresses Madison's deliberation about ways to protect the rights of individuals and political minorities from the rule of ""factious majorities."" The book closes by tracing how Madison developed strategies for maintaining long-term constitutional stability and adjusting to the new realities of governance under the Constitution. Engaging and accessible, A Politician Thinking offers new insight concerning a key constitutional thinker and the foundations of the American constitutional system. Having a more thorough understanding of how Madison solved the problems presented in the formation of that system, we better grasp a unique moment of political innovation.

In the middle of 2019, Rishi Sunak was an unknown junior minister in the local government department. Seven months later, at the age of thirty-nine, he was Chancellor of the Exchequer, grappling with the gravest economic crisis in modern history. Michael Ashcroft's new book charts Sunak's ascent from his parents' Southampton pharmacy to the University of Oxford, the City of London, Silicon Valley - and the top of British politics. It is the tale of a super-bright and hardgrafting son of immigrant parents who marries an Indian heiress and makes a fortune of his own; a polished urban southerner who wins over the voters of rural North Yorkshire - and a cautious, fiscally conservative financier who becomes the biggest-spending Chancellor in history. Sunak was unexpectedly promoted to the Treasury's top job in February 2020, with a brief to spread investment and opportunity as part of Boris Johnson's levelling-up agenda. Within weeks, the coronavirus had sent Britain into lockdown, with thousands of firms in peril and millions of jobs on the line. As health workers battled to save lives, it was down to Sunak to save livelihoods. This is the story of how he tore up the rulebook and went for broke.

This thought-provoking book investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focused around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Analysing a number of issues in relation to constitutional performance, including whether these documents can educate the citizenry, invigorate voter turnout, or deliver 'We the People' sovereignty, the author finds written constitutions consistently failing to meet expectations. This innovative book also examines how constitutional idolatry may frustrate and distort constitutional change, and can lead to strong forms of constitutional paternalism emerging within the state. Ultimately, the book argues that idolising written constitutions is a hollow endeavour that will fail to produce better democratic outcomes or help solve increasingly complicated societal problems. Engaging and accessible, Constitutional Idolatry and Democracy will be a key resource for both new and established scholars interested in comparative constitutional law, constitutional theory, law and democracy and written vs. unwritten constitutions.

There have been volumes upon volumes written about the US Constitution, but many of them just confuse things.

William James, a longtime student of the US Constitution, relies on James Madison, its recognized father, as well as Alexander Hamilton and John Jay to reveal the document's true meaning in this detailed analysis.

James reveals what the Founding Fathers really intended the Constitution to do, and he also shares forgotten truths, such as:

"Natural born" means that a child is born from parents who are both citizens of the United States.

The Second Amendment simply recognizes two unalienable rights; one is the right of free states to organize a militia, and the other is the right of citizens to keep and bear arms.

Franklin Roosevelt's New Deal is believed by many to have prolonged and exacerbated the Great Depression. More importantly, the New Deal was unconstitutional.

James also explores how politicians consistently come up short in applying constitutional principles and how lawyers deliberately confuse people about the Constitution's meaning.

Stop accepting what politicians say at face value, and empower yourself with the knowledge you need to stand up for your rights with "The Constitution and What It Means."

Can anybody tell us why profound poverty continues to plague our nation of barely 25 million people in this modern era of globalization in 2012? Why do you think the vast majority of our beloved people live on less than a dollar a day and struggle from cradle to grave living in near squalor, and eking out near subsistence existence? As yourself why is it that in the midst of this profound abject poverty less than ten percent of our fellow countrymen and women live in opulence and wallow in untold riches with their mansions encased with six-foot walls, seek medical attention in luxurious medical facilities abroad? Are the vast majority of our people in poverty ignorant and stupid, while the few wealthy ones are perceived as more intelligent and wiser than all of us?

The U.S. is heading toward major problems. If unaddressed, these problems will soon wreak havoc on the country's financial health, social fabric, standing in the global community, and even its vulnerability in an increasingly hostile world.

The troublesome and sad fact is that most of these problems and ensuing threats are due to gross mismanagement by U.S. leaders in the White House and Congress. The very people who have sworn to keep America financially sound, preeminent, democratic, and safe in a threatening world are leading the country and its citizens into troubling and dangerous times. Fiscal and financial mismanagement, poorly designed intelligence capabilities, a dysfunctional, money-based power structure, and poor, myopic leadership are coalescing to create turbulent times ahead.

Poor management by leaders on both sides of the political aisle is leading the country into trouble. This book explains why and shows what must be done to avoid certain disaster.

In the quarter century that has passed since the collapse of the Soviet Union and the end of the Cold War, fanciful establishment intellectuals have advanced the idea that an "end of history" has somehow arrived. The model of "democratic capitalism" is said to be the final stage in the development of political economy. It is often suggested that it is simply a matter of waiting for the rest of the world to catch up, and at that point the Western model will have achieved a final and eternal triumph. In this work, the anarchist philosopher Keith Preston expresses skepticism of these presumptions. Expounding upon the critique of modernity advanced by Friedrich Nietzsche well over a century ago, Preston argues that the historical cycle associated with the rise of modernity is winding down. The forces of globalism, liberalism, capitalism, democracy, and Americanization are closer to achieving universal hegemony than ever before. Yet Preston subjects all of these to relentless criticism, and challenges virtually every presumption of the present era's dominant ideological model. Drawing upon a wide range of ideological currents and intellectual influences, Preston observes how the hegemony of what he calls the "Anglo-American-Zionist-Wahhabist" axis is being challenged within the realm of international relations by both emerging blocks of rival states and insurgent non-state actors. Citing thinkers as diverse as Ernst Junger and Emma Goldman, Max Stirner and Alain de Benoist, Hans Hermann Hoppe and Kevin Carson, Preston offers an alternative vision of what the future of postmodern civilization might bring.

Fed up with politics as usual? Most Canadians are, and an overwhelming eighty-three percent want their MP to represent them-not a party-in the House of Commons. Without pressure from the people, however, political parties won't consider fundamental reforms to give power back to the people.

In "Power Shift, " author Vaughan Lyon draws on his years of experience as a party activist and political scientist to delve into why and how Canadian political reform must occur. He explores Canadians' desire for a different form of representation-constituency representation-based on citizen participation in making policy and electing MPs.

Lyon presents a detailed model of the new politics, shows how its adoption will improve the responsiveness of government, and outlines how it can be organized responsibly at little cost. He also explains how this model would establish the close collaborative relationship of citizens, their MPs, and government and civil servants, a bond essential for the government to meet challenges and rise to Canada's great opportunities.

Conditions are ripe for change, and the time for Canadians to wrest control of their MPs from political parties is now.

""That the political systems of the democratic world, and the institutions which channel political life in Canada and elsewhere, are in trouble will surprise no one. Vaughan Lyon's contribution to the agonised introspection triggered by that crisis is distinguished by the comprehensiveness of his critique and its accompanying thesis that piecemeal tinkering or adhockery cannot provide the transformative change that is required.

"Very little emerges unscathed from his probing and well-documented critique. ... His prime focus is the party system, isolated by party discipline in the legislature from the citizenry it is supposed to serve. The thesis that parties are instruments of democratic citizenship is 'the great delusion.' In fact they are 'a barrier to a twenty-first-century democracy.'

..". Vaughan Lyon's goal is an empowered citizenry, the necessary support for the strengthened government needed to grapple with twenty-first century challenges. The alienation of citizens from government is to be reversed with government 'firmly rooted in the citizenry.' ... Professor Lyon advocates a 'quiet Canadian democratic revolution.' He invites the reader to accompany him on the path to that future." " -Alan Cairns, past president of the Canadian Political Science Association

In this book, a distinguished group of presidential campaign staff, journalists, and political observers take us inside the 2016 race for the Republican and Democratic nominations and general election, guiding us through each candidate's campaign from the time each candidate announced his or her intention to seek the presidency through the primaries, conventions, and up to election day. Meeting under the auspices of the Harvard University's Institute of Politics, the candid discussion allows us to learn about the motivations of each candidate, strategies they deployed, and lessons they learned. In addition, representatives from the major SUPERPACS share their strategies and evaluate their impact in an election characterized by unprecedented campaign spending. Campaign for President: The Managers Look at 2016 is essential reading for anyone interested in the inner workings of national political campaigns.

Taking an innovative approach to the subject, this book looks at how U.S. presidents and their administrations' policies from the late 1960s to 2017 have led to rampant over-imprisonment and a public policy catastrophe in the United States. Mandatory minimum sentencing; "three-strikes-and-you're-out" legislation; harsher sentences and less parole and probation. The result of draconian criminal justice policies in the last six decades is that the United States is the largest incarcerator in the world, surpassing Russia and China, with significant overrepresentation of African Americans and Latinos in U.S. prisons, especially for low-level, nonviolent drug offenses. Presidents and Mass Incarceration: Choices at the Top, Repercussions at the Bottom shows how American presidents from Lyndon B. Johnson to Donald J. Trump have operated as significant political criminal justice entrepreneurs and how the leadership choices made at the top by these chief executives continue to have severe repercussions for the citizens at the lowest levels of our communities. Author Linda K. Mancillas references State of the Union Addresses, presidential initiatives, laws passed by Congress, Supreme Court decisions, and public opinion on high-profile crime events to assemble a cohesive framework of data that supports each president's impact on the incarceration explosion. Readers will come away with a greater appreciation for the complexity and magnitude of the political, economic, and societal issue of over-imprisonment that both the federal and state governments are attempting to address. Explains how presidential "tough-on-crime" rhetoric fueled by the public's fear of crime led to the war on crime, the war on drugs, and the war on gangs, resulting in the nation becoming known as "Prison America" Presents undeniable evidence that U.S. presidents have played a major role in America's imprisonment tragedy Provides a careful analysis of mass incarceration through presidential leadership to document how seemingly well-intentioned choices made at the top have had devastating repercussions on the bottom realm of our society

Parliamentary Democracy provides a comparative study of the parliamentary regimes since 1789. The book covers the road to parliamentarization of former constitutional monarchies and the creation of parliamentary regimes by exercising the constitution-making power of the people. What has been called democratization in most of the 'transitology' literature was until 1918 mostly only 'parliamentarization'. Democratization of the regimes frequently caused a certain destabilization of the parliamentary regimes by new parties and extremist movement entering the political arena. This is the first book to cover the entire range of parliamentary systems, including the semi-presidential systems.

The Fifth Amendment is typically equated in both popular and legal discourse with the privilege against self-incrimination. This concept, Garcia reminds us, represents an incomplete view of the amendment. Often forgotten are the other two criminal clauses embodied in the text of the amendment: the right to a grand jury indictment for a serious crime and the freedom from double jeopardy for the same offense.

Garcia emphasizes the relationship among these criminal protections. Historical developments suggest that these seemingly disparate provisions have common threads: to provide constitutional protection for all trial-related rights. Underlying these constitutional provisions is the need to check the potential abuse of governmental power over the individual. Indeed, this theme permeated the historical backdrop to the Fifth Amendment. Finally, Garcia examples the practical ties of these clauses. The right to a grand jury indictment, the privilege against self-incrimination and the protection against double-jeopardy represent points in the continuum of the criminal justice process. An important resource for scholars and students involved with Amerian constitutional law, criminal justice, and criminology.

Presented here for the first time in one volume are the three founding documents of the United States and another that altered and divided the Union for a brief moment in history. Declaration of Independence: Adopted by the Second Continental Congress on July 4, 1776, this may be the most famous angry letter in history. Written by Thomas Jefferson and addressed to King George III of England, it lays out the grievances of the king's 13 colonies in North America, and announces that those colonies were now free of English rule. By 1783, after a long, bloody, and expensive war, that freedom became a reality. Articles of Confederation: Soon after independence from England was declared, the Second Continental Congress instituted this first organizing document of the new United States, which was ratified in March 1781. A compromise between those delegates who wanted a strong central government and those who demanded that the states be sovereign, its shortcomings became obvious during the war--such as the fact that the central government had no power to collect taxes or even to enforce requests for funds from the states, which led to a perpetually underfunded revolution against England. United States Constitution: This document replaced the Articles of Confederation on June 21, 1788. One of the most influential works of political philosophy and practicality ever written, it is the oldest national constitution still in use today, and continues to inspire freedom-loving peoples around the world. Its three-pronged system of government--balancing power among legislative, judicial, and executive branches--was groundbreaking. But it failed to address one issue, slavery, that would come to a head a century later. Constitution of the Confederate States: This 1861 document organized the new nation created by the seceding slave states. While quite similar in many ways to the U.S. Constitution, it includes more references to God and religion and more emphasis on state sovereignty, offers specific clauses that seek to limit the influence of big business on politics, and codifies the right to own "negro slaves."Together, these four documents offer a firsthand perspective on the political history of the United States.

In 1890, Mississippi called a convention to rewrite its constitution. That convention became the singular event that marked the state's transition from the nineteenth century to the twentieth and set the path for the state for decades to come. The primary purpose of the convention was to disfranchise African American voters as well as some poor whites. The result was a document that transformed the state for the next century. In Sowing the Wind, Dorothy Overstreet Pratt traces the decision to call that convention, examines the delegates' decisions,and analyzes the impact of their new constitution. Pratt argues the constitution produced a new social structure, which pivoted the state's culture from a class-based system to one centered upon race. Though state leaders had not anticipated this change, they were savvy in their manipulation of the issues. The new constitution effectively filled the goal of disfranchisement. Moreover, unlike the constitutions of many other southern states, it held up against attack for over seventy years. It also hindered the state socially and economically well into the twentieth century.