The use of regulation to control behavior is a defining feature of modern government, penetrating a wide range of social and economic life, from health and social care to transport and environmental protection. This book offers a detailed study of how regulation works in practice, its legal framework, and the arguments surrounding its economic and social impact.
The book focuses on a range of British regulatory bodies, including the Human Fertilization and Embryology Authority, the Food Standards Agency, the Environment Agency, the Health and Safety Executive, the regulators for health and social care, and the utility regulators covering communications, energy, rail, and water. It uncovers the complex network of different institutions that constitute the regulatory enterprise, including central government departments and European institutions. It argues that effective regulatory accountability requires that the relations between the different bodies are clear and transparent, and assesses the extent to which this is achieved in practice.
The book highlights the range of tasks which regulators perform. Many regulators are responsible for economic regulation aimed at increasing efficiency and promoting consumer choice, but they also have other roles, notably protecting human rights, promoting social solidarity and social inclusion, and providing a forum for deliberation and learning through listening to different interests. The different legal duties of regulators, and their operation in practice, are examined in relation to these different roles, with an emphasis on how regulators ought to decide and how they can be held accountable for their decisions.
Finally the book looks at how regulators themselves are regulated as part of the 'better regulation' initiative, examining attempts to reduce regulatory burdens and to improve regulatory procedures, for example through the use of regulatory impact analysis. It also features comparative analysis of experience from France and the USA.

In January of 1999, the arrest of Wen Ho Lee, the Los Alamos scientist who was falsely accused under a cloud of suspicion of espionage by the U.S. government and imprisoned without trial, sparked controversy throughout the country. It triggered concern for national security, debate about racial profiling and media distortion, and outrage over a return to McCarthy-era paranoia. Throughout the ordeal, Wen Ho Lee quietly and steadfastly maintained his innocence. Now he tells his story.

This compelling narrative takes readers inside Los Alamos, revealing how violations of national security were ubiquitous throughout the weapons lab. Dr. Lee describes how the FBI infiltrated his private life -- spying on him for nearly two decades. He relates his own anti-Communist stance, the results of tragic events from his past, and explains how he even assisted the FBI, protecting nuclear secrets. He details his brutal treatment in jail, and how such treatment, without factual justification, is protected under U.S. law. Finally Dr. Lee explains why he downloaded codes, demonstrating once and for all that he was innocent of every charge leveled against him except for one simple procedure common throughout the lab. A riveting story about prejudice, fear, suspicion -- and courage -- My Country Versus Me offers at last a clear and truthful account of one of the great miscarriages of justice of our time.

An up-to-date, all-encompassing, and nonpartisan presentation of questions and answers about the U.S. Constitution and its amendments-an invaluable tool for readers regardless of their political orientation. Readers will easily grasp the foundations and purposes of the U.S. Constitution-and the critical importance and implications of its amendments-through a series of questions and answers about constitutional topics. The work proceeds logically, covering each article, section, and amendment, explaining how each constitutional change over history affects earlier parts of the document. Created as an approachable, introductory book for high school and college students as well as general readers, The United States Constitution: Questions and Answers, Second Edition is an effective learning tool when read from start to finish, or when used to focus on and research specific constitutional provisions of interest. Its extensively updated and revised coverage since the first edition includes many key cases and serves to direct paramount attention to the constitutional document itself. Provides thoroughly revised information through the latest term of the U.S. Supreme Court Presents unique insights and perspective from the author's wide-ranging research and previous publications on the subject Ideal for students researching specific constitutional topics or engaged in academic competitions regarding the Constitution as well as general readers interested in following and better understanding contemporary political issues

Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand's Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.

There is a general consensus in the scholarly literature that the post-colonial state in Africa has failed. Some states (Liberia, Rwanda, Sierra Leone, Somalia) have collapsed. Various arguments have been proffered to explain this dynamics of African state failure and collapse. However, the literature on state reconstitution is inchoate and minimal. This edited volume focuses on prescriptions for reconstituting the post-colonial state in Africa. Essays on nine African states (Burundi, the Democratic Republic of the Congo, Ethiopia, Kenya, Nigeria, Sierra Leone, Somalia, South Africa, and Uganda) are preceded by an introduction to the political economy of the African state.

Lyndon Johnson invaded the Dominican Republic. Richard Nixon sponsored a coup attempt in Chile. Ronald Reagan waged covert warfare in Nicaragua. Nearly a dozen times during the Cold War, American presidents turned their attention from standoffs with the Soviet Union to intervene in Latin American affairs. In each instance, it was declared that the security of the United States was at stake--but, as Michael Grow demonstrates, these actions had more to do with flexing presidential muscle than responding to imminent danger.

From Eisenhower's toppling of Arbenz in Guatemala in 1954 to Bush's overthrow of Noriega in Panama in 1989, Grow casts a close eye on eight major cases of U.S. intervention in the Western Hemisphere, offering fresh interpretations of why they occurred and what they signified. The case studies also include the Bay of Pigs fiasco, Reagan's invasion of Grenada in 1983, and JFK's little-known 1963 intervention against the government of Cheddi Jagan in British Guiana.

Grow argues that it was not threats to U.S. national security or endangered economic interests that were decisive in prompting presidents to launch these interventions. Rather, each intervention was part of a symbolic geopolitical chess match in which the White House sought to project an image of overpowering strength to audiences at home and abroad--in order to preserve both national and presidential credibility. As Grow also reveals, that impulse was routinely reinforced by local Latin American elites--such as Chilean businessmen or opposition Panamanian politicians-who actively promoted intervention in their own self-interest.

LBJ's loud lament--"What can we do in Vietnam if we can't clean up the Dominican Republic?"--reflected just how preoccupied our presidents were with proving that the U.S. was no paper tiger and that they themselves were fearless and forceful leaders. Meticulously argued and provocative, Grow's bold reinterpretation of Cold War history shows that this special preoccupation with credibility was at the very core of our presidents' approach to foreign relations, especially those involving our Latin American neighbors.

This volume of original essays, by some of Israel's most remarkable public and academic voices, offers a series of state-of-the art, accessible analyses of Israel's ever-evolving theatre of statecraft, public debates, and legal and cultural dramas, its deep divisions and - more surprisingly, perhaps - its internal affinities and common denominators.

Meticulously detailed coverage of the life, politics, and legacy of one of our nation's most influential presidents Drawing on the latest in Lincoln scholarship, The Political Lincoln: An Encyclopedia-published to coincide with the bicentennial of Lincoln's birth-uniquely addresses the political aspects of the sixteenth president's actions, influence, and legacy. Detailed entries present sophisticated yet accessible analysis of Lincoln's democratic ideas and policies about slavery and emancipation, the emergence of the Republican Party, how Lincoln viewed the Civil War and how the war affected him, the major and minor figures in his life, and much, much more.

The Constitution of Independence is a contribution to the newly rejuvenated subject of comparative Commonwealth constitutional law, politics, and history. In Australia, Canada, and New Zealand, a series of fascinating developments have been under way for more than a decade, characterized by independent thinking, experimentation, and cross-Commonwealth borrowing of constitutional ideas. These include the final termination of constitutional ties with the United Kingdom Parliament (completed in each country's case in the 1980s) and the emergence of controversial issues including variably entrenched or implied rights and freedoms; wide-ranging claims by indigenous peoples; republicanism; and assertions of national, popular, and sectional sovereignty. This book explores the development of constitutional thinking in Australia, Canada, and New Zealand from early domination by Imperial ideas, through the adoption of the Statute of Westminster and the contemplation of severing Imperial connections, to irreversible acquisition of constitutional independence in the 1980s. This book focusses primarily on sovereignty and the legal system, concepts which are also central to contemporary constitutional theory in Europe and the United States. The book closes with an evaluation of recent varied and often contradictory accounts of the constitutional foundations of Australia, Canada, and New Zealand, which depict a wide range of scenarios: from constitutional continuity and respect for the rule of law, to popular sovereignty and disguised revolution. Oliver argues that explanations of constitutional independence are characterized by their reliance on independent, country-specific constitutional thinking that evolved over the last century. on

Winner of the 2010 Book Award from the New England Historical Association American constitutionalism represents this country's greatest gift to human freedom, yet its story remains largely untold. For over two hundred years, its ideals, ideas, and institutions influenced different peoples in different lands at different times. American constitutionalism and the revolutionary republican documents on which it is based affected countless countries by helping them develop their own constitutional democracies. Western constitutionalism-of which America was a part along with Britain and France-reached a major turning point in global history in 1989, when the forces of democracy exceeded the forces of autocracy for the first time. Historian George Athan Billias traces the spread of American constitutionalism-from Europe, Latin America, and the Caribbean region, to Asia and Africa-beginning chronologically with the American Revolution and the fateful "shot heard round the world" and ending with the conclusion of the Cold War in 1989. The American model contributed significantly by spearheading the drive to greater democracy throughout the Western world, and Billias's landmark study tells a story that will change the way readers view the important role American constitutionalism played during this era.

The first volume in a series of comparative studies within the ESRC's Whitehall Programme focuses on core executives in five parliamentary democracies comparing the Westminster model as in Australia, Canada and Britain with the continental democracies of Germany and the Netherlands showing how political leadership is shackled by a vast array of constraints, from globalisation to internal fragmentation and rationalisation, making a heroic model of decisive political leadership hard to sustain.

This book analyses the formulation, interpretation and implementation of sharia in Pakistan and its relationship with the Pakistani state whilst addressing the complexity of sharia as a codified set of laws. Drawing on insights from Islamic studies, anthropology and legal studies to examine the interactions between ideas, institutions and political actors that have enabled blasphemy laws to become the site of continuous controversy, this book furthers the readers' understanding of Pakistani politics and presents the transformation of sharia from a pluralistic religious precepts to a set of rigid laws. Using new materials, including government documents and Urdu language newspapers, the author contextualises the larger political debate within Pakistan and utilises a comparative and historical framework to weave descriptions of various events with discussions on sharia and blasphemy. A contribution to the growing body of literature, which explores the role of state in shaping the religion and religious politics in Muslim-majority countries, this book will be of interest to academics working on South Asian Politics, Political Islam, Sharia Law, and the relationship of Religion and the State.

This collection of essays aims to address the changing constitutional framework of the European Union, and some of the changing patterns of governance within this complex polity. The primary aim of the book is to examine the apparent and gradual shift in the paradigm of European governance from one emphasizing the importance of uniformity and harmonization to one which embraces a substantial degree of flexibility and differentiation. The chapters range from broad, theoretical reflection on the constitutional implications of differentiation and flexibility for the European polity, to more focused case studies which examine various forms of closer co-operation, variable geometry and flexibility existing in specific policy areas. Some of the contributions interrogate the extent to which there has actually been any significant change of paradigm, and others explore the many different meanings and instances of flexibility which have emerged. Overall, in presenting a variety of perspectives

The Norwegian Constitution is the oldest functioning constitution in Europe. Its bicentenary in 2014 has inspired the analyses in this volume, where contributors focus on the Constitution as a text to explore new ways of analyzing democratic development. This volume examines the framing of the Norwegian Constitution, its transformations, and its interpretations during the last two centuries. The textual focus enables new understandings of the framers' negotiations and decisions on a democratic micro level and opens new international and historical contexts to understanding the Norwegian Constitution. By synthesizing knowledge from different realms - law, social sciences, and the humanities - Writing Democracy provides a model for examining the distinct textual qualities of constitutional documents.

Ideas and Frameworks of Governing India and its companion volume Neo-liberal Strategies of Governing India tell the story of governance in independent India and address the critical question: how is a post-colonial democracy governed? Further, they attempt to understand why the process of governing a post-colonial democracy, particularly in the neo

On the eve of a presidential election that may determine the makeup of Supreme Court justices for decades to come, prominent attorney James D. Zirin argues that the Court has become increasingly partisan, rapidly making policy choices right and left on bases that have nothing to do with law or the Constitution. Zirin explains how we arrived at the present situation and looks at the current divide through its leading partisans, Justices Ruth Bader Ginsburg and Sonia Sotomayor on the left and Antonin Scalia and Clarence Thomas on the right. He also examines four of the Court's most controversial recent decisions - Hobby Lobby, Obamacare, gay marriage, and capital punishment - arguing that these politicized decisions threaten to undermine public confidence in the Supreme Court.

This volume of original essays, by some of Israel's most remarkable public and academic voices, offers a series of state-of-the art, accessible analyses of Israel's ever-evolving theater of statecraft, public debates, and legal and cultural dramas, its deep divisions and--more surprisingly, perhaps--its internal affinities and common denominators. Contributors: Fania Oz-Salzberger, Yedidia Z. Stern, Ayman K. Agbaria, Aviad Bakshi, Ariel L. Bendor, Ruth Gavison, Michael M. Karayanni, David Passig, Avi Sagi, Gideon Sapir, Anita Shapira, Daniel Statman, Gadi Taub, Shira Wolosky, Alexander Yakobson, Yaffa Zilbershats.

Through the essays in this volume, we see how the failure of the state becomes a moment to ruminate on the artificiality of this most modern construct, the failure of nationalism, an opportunity to dream of alternative modes of association, and the failure of sovereignty to consider the threats and possibilities of the realm of foreignness within t

This volume covers the start of James Monroe's tenure as U.S. minister to France, commencing with his appointment in May 1794 and running through March 1796, a year before his return home. Consisting mainly of Monroe's correspondence with the U.S. and French governments, and with fellow American diplomats, the documents in this volume shed much light on the controversy surrounding the Jay Treaty and on Monroe's efforts to secure the release of two famous prisoners-Thomas Paine, author of "Common Sense," and Madame Lafayette, wife of the American Revolutionary War hero. Monroe's correspondents include President George Washington, Secretaries of State Edmund Randolph and Timothy Pickering, and future presidents Thomas Jefferson and James Madison. While most of the letters relate to official business, Monroe's correspondence with his uncle, Joseph Jones, and with Madison, often relate to personal matters. Including many letters not found in State Department records, this volume of carefully selected documents will engage the interest of both scholars and interested undergraduates.

This volume probes the intersections between the fields of social movements and nonviolent resistance. Bringing together a range of studies focusing on protest movements around the world, it explores the overlaps and divergences between the two research concentrations, considering the dimensions of nonviolent strategies in repressive states, the means of studying them, and conditions of success of nonviolent resistance in differing state systems. In setting a new research agenda, it will appeal to scholars in sociology and political science who study social movements and nonviolent protest.

First published in 2006, this book brings together some of the most innovative and important research on civil rights law and legality, this book draws on narratives of individuals from a variety of contexts to provide a rich and contextualized understanding of what happens when law interacts with other competing systems or forms of social organization. By privileging the real world experiences of those most influenced by rights, the collection moves beyond the traditional polarizing debates and presents a constitutive approach to rights that is not reducible to a simple 'for or against' rights formula. While this complex consciousness approach often contributes to the reproduction of dominant-subordinate social relations, it also allows for spaces of resisting existing hierarchical structures embedded in various law-related sites.

Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan's governance problems. Following South Sudan's independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan's identity, governance and rule of law, human rights protection and the relationship between religion and the State. This book provides an in-depth study of Sudan's constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book addresses constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women's rights.

Political realism has recently moved to the centre of debates in contemporary political theory. In this monograph, Matt Sleat presents the first comprehensive overview of the resurgence of interest in realist political theory and develops a unique and original defence of liberal politics in realist terms. Through explorations of the work of a diverse range of thinkers, including Bernard Williams, John Rawls, Raymond Geuss, Judith Shklar, John Gray, Carl Schmitt and Max Weber, the author advances a theory of liberal realism that is consistent with the realist emphasis on disagreement and conflict yet still recognisably liberal in its concern with respecting individuals' freedom and constraining political power. The result is a unique contribution to the ongoing debates surrounding realism and an original and timely re-imagining of liberal theory for the twenty-first century. This provocative work will be of interest to students and all concerned with the possibility of realising liberalism and its moral aspirations in today's world. -- .