Making Anti-Racial Discrimination Law examines the evolution of anti-racial discrimination law from a socio-legal perspective. Taking a comparative and interdisciplinary approach, the book does not simply look at race and society or race and law but brings these areas together by drawing out the tension in the process, in different countries, by which race becomes a policy issue which is subsequently regulated by law. Moving beyond traditional social movement theory to include the extreme right wing as a social actor, the study identifies the role of extreme right wing confrontation in agenda setting and law-making, a feature often neglected in studies of social action. In so doing, it identifies the influence of both the extreme right and liberalism on anti-racial discrimination law. Focusing primarily on Great Britain and Germany, the book also demonstrates how national politics feeds into EU policy and identifies some of the challenges in creating a high and uniform level of protection against racial discrimination throughout the EU.

Using primary archival materials from Germany and the UK, the empirical richness of this book constitutes a valuable contribution to the field of anti-racial discrimination law, at both undergraduate and postgraduate level. The book will interest specialists and academics in law, sociology and political science as well as non-specialists, who will find this study stimulating and useful to expand their knowledge of anti-racial discrimination law or pursue teaching goals, policy objectives and reform agendas.

Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review under the European Convention of Human Rights (ECHR). Judicial review of legislation can be controversial: having unelected judges overruling popularly elected majorities seems undemocratic. Yet Norway remains one of the most democratic countries in the world. How does Norway manage the balance between democracy and judicial oversight? Author Anine Kierulf tells the story of Norwegian constitutionalism from 1814 until today through the lens of judicial review debates and cases. This study adds important insights into the social and political justifications for an active judicial review component in a constitutional democracy. Anine Kierulf argues that the Norwegian model of judicial review provides a useful perspective on the dichotomy of American and European constitutionalism.

Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined 'responsive legality'. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and - towards the end of the century - the logics of 'new managerialism', the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.

Human rights seemingly offer universal protection. However, irregular migrants have, at best, only problematic access to human rights. Whether understood as an ethical injunction or legally codified norm, the promised protection of human rights seems to break down when it comes to the lived experience of irregular migrants. This book therefore asks three key questions of great practical and theoretical importance. First, what do we mean when we speak of human rights? Second, is the problematic access of irregular migrants to human rights protection an issue of implementation, or is it due to the inherent characteristics of the concept of human rights? Third, should we look beyond human rights for an effective source of protection? Written is an accessible style, with a range of socio-legal and doctrinal approaches, the chapters focus on the situation of the irregular migrant in Europe and the United States. Throughout the book, nuanced theoretical debates are put in the context of concrete case studies. The critical reflections it offers on the limitations and possibilities of human rights protections for irregular migrants will be invaluable for students, scholars and practitioners.

In recent years, the Russian government has dramatically expanded its restrictions on the internet, while simultaneously consolidating its grip on traditional media. The internet, however, because of its transnational configuration, continues to evade comprehensive state control and offers ever new opportunities for disseminating and consuming dissenting opinions. Drawing on a wide range of disciplines, including media law, human rights, political science, media and cultural studies, and the study of religion, this book examines the current state of the freedom of speech, freedom of expression, and media freedom in Russia, focusing on digital media and cross-media initiatives that bridge traditional and new media spheres. It assesses how the conditions for free speech are influenced by the dynamic development of Russian media, including the expansion of digital technologies, explores the interaction and transfer of practices, formats, stylistics and aesthetics between independent and state-owned media, and discusses how far traditional media co-opt strategies developed by and associated with independent media to mask their lack of free expression. Overall, the book provides a deep and rich understanding of the changing structures and practices of national and transnational Russian media and how they condition the boundaries of freedom of expression in Russia today.

This book provides an important survey of the causes and current state of corruption across a range of nations and regions. Delving into the diverse ways in which corruption is being combatted, the book explores and describes efforts to inculcate principles of ethical conduct in citizens, private sector actors and public sector personnel and institutions. Corruption is a global condition that effects every type of government, at every level, and has bewitched scholars of governance from ancient times to the present day. The book brings together chapters on a range of state and regional corruption experiences, framing them in terms of efforts to enhance ethical conduct and achieve integrity in government practices and operations. In addition, the book addresses and analyses the theoretical and practical bases of ethics that form the background and historical precepts of efforts to create integrity in government practices, and finally assesses recent international efforts to address corruption on an international scale. This book will be perfect for researchers and upper level students of public administration, comparative government, international development, criminal justice, and corruption.

First published in September 1992, the book traces the nature and development of the fundamental legal relationships among slaves, masters, and third parties. It shows how the colonial and antebellum Southern judges and legislators accommodated slavery's social relationships into the common law, and how slave law evolved in different states over time in response to social political, economic, and intellectual developments.

The book states that the law of slavery in the US South treated slaves both as people and property. It reconciles this apparent contradiction by demonstrating that slaves were defined in the law as items of human property without any legal rights. When the lawmakers recognized slaves as people, they burdened slaves with added legal duties and disabilities. This epitomized in legal terms slavery's oppressive social relationships. The book also illustrates how cases in which the lawmakers recognized slaves as people legitimized slavery's inhumanity. References in the law to the legal humanity of people held as slaves are shown to be rhetorical devices and cruel ironies that regulated the relative rights of the slaves? owners and other free people that were embodied in people held as slaves. Thus, it is argued that it never makes sense to think of slave legal rights. This was so even when the lawmakers regulated the individual masters? rights to treat their slaves as they wished. These regulations advanced policies that the lawmakers perceived to be in the public interest within the context of a slave society.

Legal scholars, economists, and international development practitioners often assume that the state is capable of 'securing' rights to land and addressing gender inequality in land tenure. In this innovative study of land tenure in Solomon Islands, Rebecca Monson challenges these assumptions. Monson demonstrates that territorial disputes have given rise to a legal system characterised by state law, custom, and Christianity, and that the legal construction and regulation of property has, in fact, deepened gender inequalities and other forms of social difference. These processes have concentrated formal land control in the hands of a small number of men leaders, and reproduced the state as a hypermasculine domain, with significant implications for public authority, political participation, and state formation. Drawing insights from legal scholarship and political ecology in particular, this book offers a significant study of gender and legal pluralism in the Pacific, illuminating ongoing global debates about gender inequality, land tenure, ethnoterritorial struggles and the post colonial state.

Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

Asylum, Welfare and the Cosmopolitan Ideal: A Sociology of Rights puts forward the argument that rights must be understood as part of a social process: a terrain for strategies of inclusion and exclusion but also of contestation and negotiation. Engaging debate about how 'cosmopolitan' principles and practices may be transforming national sovereignty, Lydia Morris explores this premise through a case study of legal activism, civil society mobilisation, and judicial decision-making. The book documents government attempts to use destitution as a deterrent to control asylum numbers, and examines a series of legal challenges to this policy, spanning a period both before and after the Human Rights Act. Lydia Morris shows how human rights can be used as a tool for radical change, and in so doing proposes a multi-layered 'model' for understanding rights. This incorporates political strategy, public policy, civil society mobilisation, judicial decision-making, and their public impact, and advances a dynamic understanding of rights as part of the recurrent encounter between principles and politics. Rights are therefore seen as both a social product and a social force.

This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.

Lacking a single immigration code, Chinese immigration law is widespread, encompassing a variety of laws, regulations and policies, some of which are internal and closed. There is also no immigration cases system. These factors have combined to make the study and understanding of the system difficult for those outside or unfamiliar with this area of Chinese law. To add to this complexity, since the reform and opening-up policy in 1978, Chinese immigration law has been experiencing significant change. In particular, that brought about by the acceptance of a market economy in 1991, and with access to World Trade Organization membership in 2001. Due to the dilation of the legislation, the issue of conflict between Chinese immigration law and other Chinese laws has become serious. This book provides a comprehensive, up-to-date, and readily-accessible reference to Chinese immigration law. It provides the necessary detail, insight and background information for a thorough understanding of this complex system. The book has been written on the basis of Chinese statutes while also including coverage of the relevant international instruments. The work draws on and compares Chinese and English language sources, making it an invaluable resource for both Chinese and non-Chinese readers alike.

Self-described populist leaders around the world are dismantling their nation's constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. This book proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. Context and detail matter. Power to the People offers a thin definition of constitutionalism that people from the progressive left to the conservative right should be able to agree on even if they would supplement the thin definition withn other more partisan ideas. This is followed by a similarly basic definition of populism. Comparing the two, this book argues that one facet of populism -its suspicion of institutions that are strongly entrenched against change by political majorities-is sometimes inconsistent with constitutionalism'sbthinly understood definition. The book provides a series of case studies, some organized by nation, others by topic, to identify, more precisely, when and how populist programs are inconsistent with constitutionalism-and, importantly, when and how they are not. Concluding with a discussion of the possibilities for a deeper, populist democracy, the book examines recent challenges to the idea that democracy is a good form of government by exploring possibilities for new, albeit revisable, institutions that can determine and implement a majority's views without always threatening constitutionalism.

This book examines the smuggling of migrants and trafficking in human beings in the EU with a comparative analysis of how British and Italian law has approached the issues. The work also analyzes the role of cooperation between the police and judiciary in combating criminal organizations involved in these crimes. The author draws on evidence from the Italian cities of Rimini and Siracusa and from the Italian transit island of Lampedusa to show how an innovative approach can help provide solutions to the problems arising from this sort of criminal activity. The result is a valuable resource for academics and students working in the areas of migration, refugee, criminal justice and EU law. Policy-makers and practitioners working with refugee and immigration issues will also find much of interest in this book.

This book examines the many attempts over the last three decades to revise Japan's constitution. As the book shows, these attempts at revision have been relatively conservative, aiming to embed in the constitution visions of a different future for Japan. Specific reforms advocated include: enabling Japan to have a more proactive foreign policy, more independent of the US-Japan alliance; strengthening the role of the Emperor, and excluding female succession to the throne; and emphasising more citizens' duties, rather than their rights, in order to strengthen community and societal cohesion. By far the most comprehensive analysis of constitutional reform debate in Japan to be published to date, it offers translations and analysis of more than two dozen amendment proposals. The book provides a comprehensive analysis of the details of the reform proposals, charts the so far unsuccessful attempts to bring about the reforms, discusses the different groups arguing for reform, and assesses the nature of the proposed reforms. It categorises different versions of the vision for Japan's future and shows that only a few campaigners are advocating anything like a return to Japan's pre-war constitution.

Key Facts is the essential revision series for anyone studying law, including LLB, ILEX and post-graduate conversion courses. The Key Facts series provides the simplest and most effective way for you to absorb and retain the essential facts needed to pass your exams effortlessly. Key features include: * Diagrams at the start of chapters to summarise the key points * Structured heading levels to allow for clear recall of the main facts * Charts and tables to break down more complex information New to these editions is an improved text design making the books easier read and the facts easier to retain. Key Facts books are supported by the website www.unlockingthelaw.co.uk where you will find extensive revision materials including MCQs and Key Q&As.

This groundbreaking book is the first collection to investigate together the law, political science and philosophical perspectives on the right and value of life. Its contributions are organized around five themes: a theoretical positioning of life and death; war, armed conflict and detention; death as punishment; medical parameters for ending life; and, medical policies for the preservation of life. The essays, written by an international roster of scholars, seek to engage with the evolution of the law, political discourse and philosophy on the right to life and the value of life in an attempt to understand its contemporary orientations within the selected multi-jurisdictional flora and interdisciplinary contexts. In studying this issue in its contemporary contexts of 'right' and 'value', the volume fills the current scholarly lacuna in the general subject of the orientations of life. Moreover, it holds broad appeal for scholars, researchers, and students occupied with issues of war, armed conflict, the death penalty, and various contemporary medico-legal scenarios. The Right to Life and the Value of Life presents a much-needed examination of key issues in a broad practical and theoretical context.

In American history, students are taught about the three branches of government. Most of the time is spent learning about the Executive and the Legislative bodies, but the Judicial branch has had a monumental effect on the course of American history, and nowhere is this more apparent than in the area of civil rights.

Race and National Power: A Sourcebook of Black Civil Rights from 1862 to 1954 gathers together a collection of primary documents on the history of law and civil rights, specifically in regard to race. The sources covered include key Supreme Court decisions, some opinions from other courts as well, and texts written by ordinary people ? the victims and perpetrators of racism and the lawmakers who wrote the statutes the courts must interpret.

With helpful headnotes and introductions, Race and National Power: A Sourcebook of Black Civil Rights from 1862 to 1954 is the perfect resource for anyone studying legal history or race in America.

This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts' argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts' decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.

The interaction of faith and the community is a fundamental of modern society. The first country to adopt Presbyterianism in its national church, Scotland adopted a system of church government, which is now in world-wide use. This book examines the development and current state of Scots law. Drawing on previous material as well as discussing current topical issues, this book makes some comparisons between Scotland and other legal and religious jurisdictions. The study first considers the Church of Scotland, its 'Disruption' and statutorily recognised reconstitution and then the position of other denominations before assessing the interaction of religion and law and the impact of Human Rights and various discrimination laws within this distinctive Presbyterian country. This unique book will be of interest to both students and lecturers in constitutional and civil law, as well as historians and ecclesiastics.

Examining the twelve-decade legal conflict of government bans on religious garb worn by teachers in U.S. public schools, this book provides comprehensive documentation and analysis of the historical origins and subsequent development of teachers' religious garb in relation to contemporary legal challenges within the United Nations and the European Union. By identifying and correcting factual errors in the literature about historical bans on teachers' garb, Walker demonstrates that there are still substantial and unresolved legal questions to the constitutionality of state garb statutes and reflects on how the contemporary conflicts are historically rooted. Showcased through a wealth of laws and case studies, this book is divided into eight clear and concise chapters and answers questions such as: what are anti-religious-garb laws?; how have the state and federal court decisions evolved?; what are the constitutional standards?; what are the establishment clause and free exercise clause arguments?; and how has this impacted current debates on teachers' religious garb?, before concluding with an informative summary of the points discussed throughout. The First Amendment and State Bans on Teachers' Religious Garb is the ideal resource for researchers, academics, and postgraduate students in the fields of education, religion, education policy, sociology of education, and law, or those looking to explore an in-depth development of the laws and debates surrounding teachers' religious garb within the last 125 years.

The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus. Split into two distinct thematic parts, it first evaluates relevant frameworks of civil rights protection, with special attention on enforcement mechanisms and the role of civil society organisations. Next, it engages extensively with a series of individual rights connected to EU citizenship. Comprising detailed studies on access to nationality, the right to free movement, non-discrimination, family life, data protection and the freedom of expression, this book maps the expanding role of European law in the national sphere. It identifies a number of challenges to core civil rights that the current supranational framework is at pains to address. The contributors suggest and develop several new ideas on how to take the EU integration project forward. Civil Rights and EU Citizenship provides an innovative perspective on both the conceptual dimensions and the actual realities of rights-based citizenship which will be of interest to legal scholars, practitioners and policy-makers alike. Contributors include: S. Adamo, P.J. Blanco, S. de Vries, H. de Waele, T. Dudek, M.-P. Granger, K. Irion, A.E. Menendez, J. Morijn, P. Phoa, O. Salat, H. van Eijken, J.G. Vega

This book considers the increasing trend towards a 'culture of control' in democratic countries. The post-9/11 counter-terrorism laws in nations such as the USA, the UK, Canada and Australia provide a stark demonstration of this trend. These laws share a focus on the pre-emption of crime, restrictions on the right to liberty of non-suspects, limited public access to information, and increased community surveillance. The laws derogate, in many respects, from the ordinary principles of the criminal justice system and fundamental human rights while also harnessing public institutions in the broader project of prevention and control.

Distinctively, the contributors to this volume focus on the impact of these laws outside of the counter-terrorism context. The book draws together a range of experts in both public and criminal law, from Australia and overseas, to examine the effect of counter-terrorism laws on public institutions within democracies more broadly. Issues considered include changes to the role and functions of the courts, the expansion of executive discretion, the seepage of extraordinary powers and pre-emptive measures into other areas of the criminal law, and the interaction and overlap between intelligence and law enforcement agencies.

Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 will be of interest to students and scholars of criminal law, criminology, comparative criminal justice, terrorism and national security, public law, human rights, governance and public policy.