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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
Last and best edition of the first English law dictionary.
Corrected and greatly enlarged, English and Law French in parallel
columns. First published in 1527, this pioneering dictionary was
originally written in Law French with the Latin title Expositiones
Terminorum Legum Anglorumae. Quite popular with students and
lawyers due to its clarity and concision, it went through at least
twenty-nine editions, the last appearing in 1721(with reissues in
1742 and 1819). The 1721 edition was translated by his son, William
Rastell, who is often listed as its author. "Rastell's Termes de la
Ley is a book which, like St. Germain's Doctor and Student,
reflects the common law at the close of the year-book period with
much fidelity." --Thomas Atkins Street, The Foundation of Legal
Liability III:79 John Rastell d.1536], an Oxford-educated printer
and lawyer, was a Member of Parliament when the Protestant
reformation was legalized. Around 1527, the time Les Termes de la
Ley was first published, Rastell took part in the religious
controversies of the time, defending the Roman doctrine of
purgatory in his notable work, A New Boke of Purgatory. William
Rastell 1508?-1565] was the eldest son of John Rastell. A printer,
lawyer, judge and author, he published his great collection of
statutes from the Magna Carta to the present in 1557. It was
updated periodically, the final edition appearing in 1625. Rastell
also compiled A Table Collected of the Yeres of our Lorde God and
of the Yeres of the Kynges of Englande (1561). He edited many
important works including Littleton's Tenures (1534) and Sir
Anthony Fitzherbert's Natura Brevium.
Banning therapeutic and reproductive cloning jeopardizes more than
cloning itself. The constitutional principles intertwined with
cloning embrace such vital liberties as personal autonomy, privacy,
reproduction, and freedom of expression. Properly understood,
cloning is essentially the same as other forms of assisted
reproduction. Procrustean bans on cloning implicate and indirectly
threaten numerous key personal interests, including abortion, in
vitro fertilization, same-sex adoption, and surrogacy. A government
allowed to preemptively isolate and censor medico-scientific
research into cloning may be emboldened to shut down other forms of
disfavored inquiry and expression as well. Much of the animosity
toward cloning is based on unfounded fear, science-fiction fantasy,
moralistic bias, and slippery slope predictions, most of which is
scientifically untenable or already illegal. Yet when people are
cloned, they will in fact be less similar than identical twins;
genetics aren't everything. Differing environments produce
differing people, and human clones--distinct individuals--will be
entitled to the same human rights and legal protections that have
protected individuals for centuries. Kunich establishes the
pressing need to evaluate cloning in a rational scientific and
legal manner, before the extreme opposition sprouting from fear and
misunderstanding, which has already led to several state laws,
results in an unconstitutional federal ban.
The Executive in the Constitution: Structure, Autonomy, and
Internal Control is the first constitutional and legal analysis of
the inner workings of the executive for many years. It aims to
provoke a reappraisal, by constitutional lawyers, of the place of
the executive within the constitution, by exploring an area
hitherto largely neglected in constitutional law: the legal
foundations of the powers and structure of the executive, and the
mechanisms through which the centre of the executive seeks to
control the actions of departments. The authors, both pre-eminent
in the field off constitutional law, show that the machinery of
executive co-ordination and control is no less crucial a dimension
of the constitutional order than the external machinery of
democratic and legal control. These external parliamentary and
judicial controls depend for their effectiveness on the executive's
ability to control itself. The plural structure of the executive,
however, makes the co-ordination and control of its component parts
a highly problematical pursuit. Against the background of an
analysis of the executive's legal structure, the book examines in
detail the controls governing departmental access to staffing,
financial, and legal resources, analysing the relationship between
these internal controls and the external machinery of democratic
and legal control, and showing how the machinery of internal
control has been shaped by the structure of the executive branch.
The organization of the executive and the way it controls the
actions of its departments has changed significantly in recent
year. This book explores the impact of the machinery if executive
co-ordination and control of the ambitious public service reform
project which has been pursued by successive governments over the
last twenty years, as well as of changes in the wider
constitutional framework, including those stemming from the United
Kingdom's membership of the European Union and the growth of
judicial review. It shows how public service reforms, judicial
review, and European law are changing not just the inner life of
the executive government but its place in the constitution as well.
Arizona has one of the fastest growing communities of Latino
immigrants in the United States. In response to accusations that
the Federal government was hampering the immigration enforcement
actions of Arizona police, state Senator Russell Pearce introduced
the "Support Our Law Enforcement and Safe Neighborhoods Act."
Better known as SB 1070, the policy allows police officers in
Arizona to arrest unauthorized immigrants under the state's
trespassing law. The law also gives officers the latitude to
question and detain those that may appear suspicious, which may
simply mean that they appear Latino. Under the State's statute,
immigrants can also be criminalized for their mere presence in
Arizona. The bill was signed into law on April 23, 2010, which
generated a number of immensely complex issues at the local,
national and international level The measure has affected an
already problematic U.S.-Mexico, bi-national relationship at a time
of increased security cooperation between the two countries.
Furthermore, former the President of Mexico has criticized the law,
issuing travel advisories, and as a sanction, trade between Arizona
and Mexico has been reduced. Elected officials across the country
called for a variety of economic boycotts and campaigns that would
discourage the full implementation of the law. Over fifteen major
cities have ended business contracts with Arizona. The State
tourism industry has lost almost one billion dollars in less than
six months as a result of this policy. This book examines a variety
of issues and consequences of SB 1070 at the local, national and
international level. It provides timely research and analysis on a
topic not previously examined and from a variety of inter
disciplinary approaches, making it of interest to political
scientists and policy-makers alike.
Just as the polls opened on November 5, 1872, Susan B. Anthony
arrived and filled out her "ticket" for the various candidates. But
before it could be placed in the ballot box, a poll watcher
objected, claiming her action violated the laws of New York and the
state constitution. Anthony vehemently protested that as a citizen
of the United States and the state of New York she was entitled to
vote under the Fourteenth Amendment. The poll watchers gave in and
allowed Anthony to deposit her ballots. Anthony was arrested,
charged with a federal crime, and tried in court. Primarily
represented within document collections and broader accounts of the
fight for woman suffrage, Anthony's controversial trial-as a
landmark narrative in the annals of American law-remains a
relatively neglected subject. N. E. H. Hull provides the first
book-length engagement with the legal dimensions of that narrative
and in the process illuminates the laws, politics, and
personalities at the heart of the trial and its outcome. Hull
summarises the woman suffrage movement in the post-Civil War era,
reveals its betrayal by former allies in the abolitionist movement,
and describes its fall into disarray. She then chronicles Anthony's
vote, arrest, and preliminary hearings, as well as the legal and
public relations manoeuvring in the run-up to the trial. She
captures the drama created by Anthony, her attorneys, the
politically ambitious prosecutor, and presiding judge-and Supreme
Court justice-Ward Hunt, who argued emphatically against Anthony's
interpretation of the Reconstruction Amendments as the source of
her voting rights. She then tracks further relevant developments in
the trial's aftermath-including Minor v. Happersett, another key
case for the voting rights of women-and follows the major players
through the eventual passage of the Nineteenth (or "Susan B.
Anthony") Amendment. Hull's concise and readable guide reveals a
story of courage and despair, of sisterhood and rivalry, of high
purpose and low politics. It also underscores for all of us how
Anthony's act of civil disobedience remains essential to our
understanding of both constitutional and women's history-and why it
all matters. This book is part of the Landmark Law Cases and
American Society series.
The subjects of Privacy and Data Protection are more relevant than
ever with the European General Data Protection Regulation (GDPR)
becoming enforceable in May 2018. This volume brings together
papers that offer conceptual analyses, highlight issues, propose
solutions, and discuss practices regarding privacy and data
protection. It is one of the results of the tenth annual
International Conference on Computers, Privacy and Data Protection,
CPDP 2017, held in Brussels in January 2017. The book explores
Directive 95/46/EU and the GDPR moving from a market framing to a
'treaty-base games frame', the GDPR requirements regarding machine
learning, the need for transparency in automated decision-making
systems to warrant against wrong decisions and protect privacy, the
riskrevolution in EU data protection law, data security challenges
of Industry 4.0, (new) types of data introduced in the GDPR,
privacy design implications of conversational agents, and
reasonable expectations of data protection in Intelligent Orthoses.
This interdisciplinary book was written while the implications of
the General Data Protection Regulation 2016/679 were beginning to
become clear. It discusses open issues, and daring and prospective
approaches. It will serve as an insightful resource for readers
with an interest in computers, privacy and data protection.
Administrative Law and Policy of the EU provides a comprehensive
analysis of the administration of the European Union and the legal
framework within which that administration operates. The book
examines the multifarious approaches, techniques, and structures of
public administration in order to systematise and assess the
solutions they offer to political, social, and economic problems.
The legal framework of administration is examined from the
standpoint of how it meets the demands of specific policy
objectives established by democratically accountable
decision-makers. Administrative law structures and many of its
underlying principles have developed in an evolutionary and
isolated manner in each policy area. While aware of the diversity
of specific areas, this book takes an overarching approach, setting
out the common rules and principles that constitute the general
body of EU administrative law.
By integrating the disciplines of political and administrative
science, and administrative law, the book offers a rich explanation
and critique of the complex executive framework of the EU.
How does an idea that forms in the minds of a few activists in one
part of the world become a global norm that nearly all states obey?
How do human rights ideas spread? In this book, Robyn Linde tracks
the diffusion of a single human rights norm: the abolition of the
death penalty for child offenders under the age of 18. The norm
against the penalty diffused internationally through
law-specifically, criminal law addressing child offenders, usually
those convicted of murder or rape. Through detailed case studies
and a qualitative, comparative approach to national law and
practice, Linde argues that children played an important-though
little known-role in the process of state consolidation and the
building of international order. This occured through the promotion
of children as international rights holders and was the outcome of
almost two centuries of activism. Through an innovative synthesis
of prevailing theories of power and socialization, Linde shows that
the growth of state control over children was part of a larger
political process by which the liberal state (both paternal and
democratic) became the only model of acceptable and legitimate
statehood and through which newly minted international institutions
would find purpose. The book offers insight into the origins,
spread, and adoption of human rights norms and law by elucidating
the roles and contributions of principled actors and norm
entrepreneurs at different stages of diffusion, and by identifying
a previously unexplored pattern of change whereby resistant states
were brought into compliance with the now global norm against the
child death penalty. From the institutions and legacy of
colonialism to the development and promotion of the global child-a
collection of related, still changing norms of child welfare and
protection-Linde demonstrates how a specifically Western conception
of childhood and ideas about children shaped the current
international system.
Calabresi complains that we are "choking on statutes" and proposes
a restoration of the courts and their common law function. From a
series of lectures given by Calabresi as part of The Oliver Wendell
Holmes Lectures delivered at Harvard Law School in March 1977.
This is the first in-depth analysis of American railroad litigation
from the 1880s to 1910 that led to landmark decisions by the
Supreme Court, fundamentally altering the meaning of due process in
American constitutional law and establishing a basic power of the
federal courts to restrict state regulation over railroad rates.
This is the first book-length study systematically to explore the
impact of American railroads on the courts and the U.S.
Constitution. Historians, political scientists, and legal scholars
interested in decisions that profoundly affected contemporary views
on the Constitution, and the political strategy and tactics used by
the railroads to affect the judicial process, will gain new
insights from this study. The introduction covers the disastrous
defeat that the railroads suffered at the hands of the Supreme
Court in the 1877 Granger Cases when the roads first challenged
governmental regulation of railroad rates. Chapters 1 through 5
analyze their victories in the 1880s and 1890s as they sought to
establish substantive due process as a valid doctrine. Chapters 6
through 9 describe the subsequent litigation to circumvent the
Eleventh Amendment's apparent bar to injunction suits against state
officers in the federal courts, culminating in a Supreme Court
landmark decision of 1908. The epilogue shows how these decisions
had a lasting impact on constitutional development in the United
States in relation to civil liberties and contemporary
constitutional law.
This volume takes a historical approach in analyzing all of the
major United States Supreme Court cases relevant to the conflict
between a free press and fair trial. Campbell's thorough analysis,
which relates 30 primary cases to each other and to nearly 70
associated supporting cases, consists of five parts: (1) legal
backgrounds; (2) immediate historical circumstances giving rise to
the cases; (3) complete summaries of all court opinions, concurring
opinions, and dissenting opinions, often using the Justices' own
words; (4) the Court's ruling; and (5) analysis of the significance
of the cases.
This collection brings together for the first time the key
primary documents in the history of the abortion controversy in the
United States. Organized by historical period, these 92 documents
tell the story of this highly charged issue. An explanatory
introduction geared to the needs of high school and college
students accompanies each document. The collection emphasizes the
political and social aspects of the debate, and many voices and
conflicting views resound--in congressional hearings, Supreme Court
decisions, government reports, party platforms, position papers,
statutes, biographical accounts, and news stories. The heart of the
work is the drama of Roe v. Wade--the cases that led to it, the
Supreme Court decision and dissenting opinions, the reaction in
Congress, public opinion, political consequences, and the most
recent court tests.
The work is divided into five sections: Part I covers the
historical period from its European inception until the beginning
of the reform movement in the United States in the 1960s. Part II
looks at the developments in 1960-1972 that led to the Supreme
Court decision in Roe v. Wade in 1973. Part III focuses on Roe v.
Wade and the reaction to the decision. Part IV, The Battlelines Are
Drawn, 1974-1980, describes the political battles over abortion in
the 1970s. Part V includes documents from the Reagan/Bush
administrations and ends with the beginning of the Clinton
administration in 1993. Each chapter includes a list of suggested
readings. The book concludes with a chronology of events in the
abortion controversy and a list of decisions of the United States
Supreme Court relating to abortion. The collection will be
especially useful for high school, junior college, and college
students, and for public libraries.
This book originated as a series of lectures presented at Johns
Hopkins in 1915. It proposes a method to supplement the established
doctrine of constitutional law, which enforces legislative norms
through negation and review, by a system of positive principles
that would guide the making of statutes and give more definite
meaning and content to the concept of due process. Highly regarded
since its original publication in 1917 and the winner of Harvard
Law School's Ames Prize in 1919, it went on to become a standard
work. It was recommended, to cite two examples, in Roscoe Pound's
Introduction to American Law (1919) and Arthur Vanderbilt's
Studying Law (1945). A comment published at the end of Freund's
career summarizes a general opinion: "The great quality which Ernst
Freund brought to the study of administrative law was his capacity
for analysis. He was the Austin of the jurisprudence of
administrative law." -W.I.J., Law Quarterly Review 49 (1933):
588."We have seldom read an essay so philosophically and learnedly
written and one which at the same time is extremely interesting as
well as constructive. Mention is made of practically all our
general classes of legislation during 'the last century, and in
every instance we are treated with a learned historical review of
the subject under consideration."-American Law Review 52 (1918)
476.Ernst Freund 1864-1932] was Professor of Jurisprudence and
Public Law at the University of Chicago. He is widely considered to
be responsible for the development of administrative law in the
United States.
Parliamentary elections are the foundation of the democratic State,
providing legitimacy to government and an opportunity for citizens
to participate in the democratic process. But despite the crucial
role of elections in government and society, the law governing them
is fragmented, both conceptually and in terms of the legal
framework. This book examines each stage of the electoral process
from the perspective of the candidate seeking to become an MP:
eligibility and qualification, the candidate selection process,
nominations, disputed elections and then, lastly, disqualification
or exit from the House of Commons. Each stage of the process is
considered in light of developments in political practice and human
rights jurisprudence, and an argument is made for the rethinking
and reform of the law of parliamentary candidacy and membership.
The book takes into account the reforms ushered in by the
parliamentary expenses scandal of 2009, and also looks to the new
electoral era that may eventuate under the Liberal
Democrat-Conservative Coalition Government.
What makes a great book? If the determining factors are the
content,authorship and timing of publication then this collection
of essays from some of Europe's most eminent judges and jurists
satisfies all three criteria. Readers will here find the expanded
versions of the speeches given at a one-day conference in London to
mark, from a legal point of view, the beginning of the new
millennium. In a thoughtful and predominantly comparative manner
the distinguished speakers explore the cross fertilisation of ideas
that is taking place between the Common and Civil law systems in
such important topics as human rights, commercial law, and
comparative methodology. The contributors include Lords Irvine,
Bingham, Woolf, Steyn, and Goff, the President of the Court of the
European Communities, Dr Iglesias, the President of the Court of
Human Rights, Dr Wildhaber, the President of the German
Constitutional Court, Professor Limbach, Justices Lenoir and
Mirabelli, respectively of the French and Italian Constitutional
Courts, the Professor Walter van Gerven, former Advocate General of
the Court of the European Communities, Professor Klaus Hopt,
co-Director of the Max-Planck Institute of Hamburg, Professor
Christian von Bar, Director of the Institute of Comparative Law at
the University of Osnabruck and the organiser of the conference,
Professor Basil Markesinis, Director of the Oxford Institute of
European and Comparative Law. The book commences with a Foreword by
Keith Clark, Senior Partner of the multinational law firm, Clifford
Chance, who have sponsored the conference. This is a unique book
about legal practice in the increasingly integrated world of
tomorrow.
Constitutional litigation in general attracts two distinct types of
conflict: disputes of a highly politicized or culturally
controversial nature and requests from citizens claiming a
violation of a fundamental constitutional right. The side-by-side
comparison between the U.S. Supreme Court and the German Federal
Constitutional Court provides a novel socio-legal approach in
studying constitutional litigation, focusing on conditions of
mobilisation, decision-making and implementation. This updated and
revised second edition includes a number of new contributions on
the political status of the courts in their democratic political
cultures.
This book examines how the increasing interdependence between trade
and foreign policy can be managed within the legal framework of the
European Union. In the context of the legally distinct
characteristics of the European Community and the Common Foreign
and Security Policy,it analyses the problems underpinning the
regulation of three areas: sanctions against third countries,
armaments, and exports of dual-use goods. The focus is on whether
the constitutional order of the European Union may address these
problems while performing a variety of functions: ensuring the
consistency and coherence of its external relations, preserving the
acquis communautaire and respecting the right of the Member States
to conduct their foreign policy as fully sovereign subjects of
international law. The book concludes that the interactions between
trade and foreign policy may be regulated in a legally sensible and
realistic way within the current structure of the European Union.
The recent developments regarding the defense and security identity
of the European Union and the debate over the nature of an enlarged
Union make this book all the more topical.
This book (hardcover) is part of the TREDITION CLASSICS. It
contains classical literature works from over two thousand years.
Most of these titles have been out of print and off the bookstore
shelves for decades. The book series is intended to preserve the
cultural legacy and to promote the timeless works of classical
literature. Readers of a TREDITION CLASSICS book support the
mission to save many of the amazing works of world literature from
oblivion. With this series, tredition intends to make thousands of
international literature classics available in printed format again
- worldwide.
This book examines the frequency, causes and management of divided government in comparative context, identifying the similarities and differences between the various experiences of this increasingly frequent form of government. The countries studied include Denmark, Ecuador, Finland, France, Germany, Ireland, Italy, Mexico, Norway, Poland, and the US.
Professor Rideout reviews the laws concerning trade unionism by
presenting case surveys and comparing British, American and
Commonwealth laws. He is particularly concerned with the right of
admission to membership and the regulation of disciplinary
proceedings, and speculates on future developments in trade union
law.
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