This volume presents an overview of the evolution of the current Chinese Constitution (1982) and the characteristics of constitutional studies since 1978. Readers are introduced to the basic principles of constitutional system in China and gain insights into the real state of Chinese law, allowing them to form their own opinions. It will also aid commercial communications with Chinese legal professionals as well as enterprises. The book covers a number of topics, including the history of constitutional communication between Chinese constitutionalists and the International Association of Constitutional Law since 1981, the most important academic contributions to international conferences concerning constitutional law by Chinese constitutionalists, the main characteristics of the current Chinese Constitution in the field of constitutional studies in China, the key issues of constitutional practice and implementation in China, the challenges of running the fundamental political system of the People's Representative Congress and the characteristics of rule of law specific to China.

By analysing original sources and evaluating conceptual frameworks, Nicholas Aroney discusses the idea proclaimed in the Preamble to the Constitution that Australia is a federal commonwealth. Taking careful account of the influence which the American, Canadian and Swiss Constitutions had upon the framers of the Australian Constitution, the author shows how the framers wrestled with the problem of integrating federal ideas with inherited British traditions and their own experiences of parliamentary government. In so doing, the book explains how the Constitution came into being in the context of the groundswell of federal ideas then sweeping the English-speaking world. In advancing an original argument about the relationship between the formation of the Constitution, the representative institutions, configurations of power and amending formulas contained therein, fresh light is shed on the terms and structure of the Constitution and a range of problems associated with its interpretation and practical operation are addressed.

Writing of the France of the 1930s, the late Simone Weil declared, The state has morally killed everything smaller than itself. Liebmann asserts that a comparable development has recently taken place in the United States, fostering civic apathy and an inability to address serious social problems, and that, not for the first time, abuse of judicial review has caused the Constitution to be used as a tool of class interests. After a general survey of these consequences, Liebmann discusses the original constitutional debates and understanding. He then assesses First Amendment doctrine, through a discussion of the views of Harry Kalven, the most influential modern commentator on free speech issues, and then discusses the appropriate relationship of constitutional restraints to governmental fostering of public policy, on zoning, education, law enforcement, urban renewal, day care, traffic regulation, and care of the elderly, and illustrates the hopeful developments that are possible if judicial restraint is restored. A significant analysis for all scholars and researchers in the areas of constitutional law and current American public policy and politics.

Attitudes Aren't Free: Thinking Deeply about Diversity in the US Armed Forces emerged from a vision to collect essays from the brightest voices of experts across the range of contentious social issues to catalyze productive discussions between military members of all ranks and services. Forty-nine experts contributed to the following 29 chapters writing on the primary themes of religious expression, homosexuality, gender, race, and ethics. Chapters appearing in this volume passed the scrutiny of a double-blind peer-review by one or more referees from the board of reviewers. The chapters are largely written in a colloquial, intellectual op-ed fashion and capture a "snapshot" of the current discussions regarding a particular topic of interest to uniformed personnel, policy makers, and senior leaders. Each section seeks to frame the spectrum of perspectives captured within the current debates and lines of argument. Authors were specifically asked not to address all sides of the issue, but rather to produce a well-reasoned argument explaining why they believe their well-known position on an issue is in the best interests of the military members and make specific recommendations about how best to address the policy issues from their perspective. The volume is arranged in four primary sections by theme: Religious Expression, Homosexuality, Race and Gender, and Social Policy Perspectives. Within each section, readers will find multiple chapters-each embracing a different perspective surrounding the section's theme. Thus, because of the unbalanced nature of many of the individual chapters, it is critically important that readers focus on the entire spectrum of perspectives presented within a section to ensure they have the context necessary to frame any single perspective. Diversity of opinion has been the hallmark of the United States since its dramatic birth in 1776 and has continued unfettered through today where we now have developed the most innovative and effective military the world has ever known. Thus, it is imperative that we continue to reflect upon the diversity of ideas about how best to formulate the "right" social policy to ensure our service members can most effectively execute their missions.

Classicists and lawyers alike will find this a fascinating study that shows how certain principles of Athenian maritime law are still imbedded in the modern international law of maritime commerce. Cohen has made a unique and substantial contribution to our understanding of the Athens of Plato, Aristotle and Demosthenes. Athens was the dominant maritime power in the West from the eighth to fourth centuries BCE. Athenian preeminence insured that its maritime law was accepted throughout the Mediterranean world. Indeed, its influence outlasted Athens and is the only area of classical Greek law that wasn't replaced entirely by Roman models. Codified during the Roman period in the Rhodian Sea laws, it went on to influence the subsequent development of European commercial and maritime law. Using both ancient and secondary sources, Cohen explores the development of Athenian maritime law, the jurisdiction and procedure of the courts and the Athenian principles that have endured to the present day. He successfully treats the much-discussed problem of why they were termed "monthly" and describes how "supranationality" was a feature of all Hellenic maritime law. He goes on to show how their jurisdiction was limited ratione rerum, not ratione personarum, because a legally defined "commercial class" did not exist in Athens at this time. Edward E. Cohen, an attorney with a Ph.D. in Classics, is both distinguished historian of Classical Greece, Professor of Ancient History (adjunct) at the University of Pennsylvania and the Chief Executive Officer of Atlas America, a producer and processor of natural gas. His other books include Athenian Economy and Society: A Banking Perspective (1992) and The Athenian Nation (2000). "Cohen's competence in the history of law, his own experience as a practicising lawyer with a Ph.D. in Classics, and his belief that in the principles of Greek maritime commerce reside "the germinal cells of the complex modern international law of maritime commerce" (p. 5), ought to have won for this book a much wider audience than it is likely to have. (...) As the most detailed treatment of Athenian maritime law Cohen's valuable book must be given a place beside the important contributions of his predecessors, Paoli, Calhoun, and Gernet.": Ronald S. Stroud, American Journal of Legal History 19 (1975) 71. " A] learned and precise examination of certain terms and procedures associated in the fourth century B.C. with lawsuits that arose out of Athenian maritime commerce. (...) Argumentation throughout is responsible. Cohen knows the sources and has read critically in a wide range of secondary material. The book is a valuable addition to our understanding of a comparatively little known area of Athenian law.": Alan L. Boegehold, The Classical World 69, No. 3 (Nov., 1975) 214.

Conventional wisdom holds that robust enforcement of intellectual property (IP) right suppress competition and innovation by shielding incumbents against the entry threats posed by smaller innovators. That assumption has driven mostly successful efforts to weaken US patent protections for over a decade. This book challenges that assumption. In Innovators, Firms, and Markets, Jonathan M. Barnett confronts the reigning policy consensus by analyzing the relationship between IP rights, firm organization, and market structure. Integrating tools and concepts from IP and antitrust law, institutional economics, and political science, real-world understandings of technology markets, and empirical insights from the economic history of the US patent system, Barnett provides a novel framework for IP policy analysis. His cohesive framework explains how robust enforcement of IP rights enables entrepreneurial firms, which are rich in ideas but poor in capital, to secure outside investment and form the cooperative relationships needed to transform a breakthrough innovation into a marketable product. The history of the US patent system and firms' lobbying tendencies show that weakening patent protections removes a critical tool for entrants to challenge incumbents that enjoy difficult-to-match commercialization and financing capacities. Counterintuitively, the book demonstrates that weak IP rights are often the best entry barrier the state can provide to protect entrenched incumbents against disruptive innovators. By challenging common assumptions and offering a powerful integrated framework for understanding how innovation happens and the law's role in that process, Barnett's Innovators, Firms, and Markets provides important insights into how IP law shapes our economy.

This pioneering study explores the problems of politics and law that lie behind the growing phenomenon of NIMBY (Not In My Back Yard), a stance taken by residential property owners attempting to keep various types of facilities out of their neighborhoods. Denis J. Brion argues that the pejorative connotation that NIMBY carries is both unfortunate and unwarranted and seeks to expose the underlying problems for which NIMBY is a symptom. In particular, Brion examines the impact of siting decisions on those who will be the neighbors of a potential project and the political gridlock that so often results when they become aware of the nature of this impact. The discussion is illuminated by a review of the journalistic accounts of particular episodes chosen to demonstrate the pervasiveness and complexity of the NIMBY phenomenon.

Divided into three sections, the study begins by analyzing how a system of public decisionmaking, founded on the ideal of participatory democracy and built on the structure of representative government, is peculiarly subject to capture by small groups intent on pursuing their own narrow agendas. The result, Brion shows, is often allocational choices which yield benefits to few and harm to many. In Part II, he demonstrates the failure of the public remedial process to provide traditional common-law remedies to those harmed by Locally Unwanted Land Uses (LULUs). Brion then looks at the consequences of this remedial failure from both traditional and non-traditional points of view in order to provide a basis for devising an approach to the problems that underly the NIMBY syndrome. The concluding section proposes a solution that involves both expanding the focus of political and constitutional debate to include the notion of communality and narrowing the traditional conception of right to property. As a unique full-length treatment of the subject, this study makes a significant contribution to the ongoing debate over the NIMBY phenomenon and its consequences.

Nowhere today is constitutional law more avidly debated and studied than in the 12 post-Soviet republics known as the Commonwealth of Independent States (CIS). Drawing on past experience as well as on European, American and Asian models, the constitutions of these countries have a great deal to tell the legal scholar about how the independent states of the post-Cold-War world understand the transition to a market economy. This text contains English translations which accurately present the current (1999) constitutional laws of all 12 CIS countries. The author and translator - himself active as an adviser on constitutional reform in several of these states - has taken care to establish the most authentic sources through an investigation of the existing documents and through personal interviews. From a great mass of confusing and often contradictory material in a dozen languages, he has assembled a coherent collection of documents that allows us to see the lineaments of constitutional law at a crucial stage of development in this fast-changing region of great economic significance.

Federalism remains a highly contentious issue in the United Kingdom, but however suspect the 'F' word may be, a substantial amount of devolution has already become part of the local landscape and more may yet follow. With the competence for a number of policies thus shifting from Westminster to Scotland, Wales, Northern Ireland, and in future perhaps even within England itself, foreign experience with federal and regional structures becomes a valuable source of ideas. In a series of contributions, distinguished experts from a wide range of legal systems including Canada, the United States, Germany, South Africa and the European Union present their experience, criticisms, and views concerning, inter alia, the distribution of power, judicial review and human rights protection in federalised and regionalised states. The book contains the papers from a conference jointly organised by the Institute of Global Law (UCL) and the Institute of Transnational Law (The University of Texas at Austin).

Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book's theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

A human right to housing represents the law's most direct and overt protection of housing and home. Unlike other human rights, through which the home incidentally receives protection and attention, the right to housing raises housing itself to the position of primary importance. However, the meaning, content, scope and even existence of a right to housing raise vexed questions. Drawing on insights from disciplines including law, anthropology, political theory, philosophy and geography, this book is both a contribution to the state of knowledge on the right to housing, and an entry into the broader human rights debate. It addresses profound questions on the role of human rights in belonging and citizenship, the formation of identity, the perpetuation of forms of social organisation and, ultimately, of the relationship between the individual and the state. The book addresses the legal, theoretical and conceptual issues, providing a deep analysis of the right to housing within and beyond human rights law. Structured in three parts, the book outlines the right to housing in international law and in key national legal systems; examines the most important concepts of housing: space, privacy and identity and, finally, looks at the potential of the right to alleviate human misery, marginalisation and deprivation. The book represents a major contribution to the scholarship on an under-studied and ill-defined right. In terms of content, it provides a much needed exploration of the right to housing. In approach it offers a new framework for argument within which the right to housing, as well as other under-theorised and contested rights, can be reconsidered, reconnecting human rights with the social conditions of their violation, and hence with the reasons for their existence. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.

The need to allow a change of legal sex/gender in certain cases is no longer disputed in most jurisdictions, and for European countries there is no question as to whether such a change should be allowed after the decision of the European Court of Human Rights in Goodwin v. United Kingdom (Application no. 28957/95). The question has therefore shifted to what the requirements for such a change of the legal sex/gender should be. Many jurisdictions have legislated or developed an administrative approach to changing sex/gender, but the requirements differ significantly from jurisdiction to jurisdiction, particularly with regard to age, nationality and marital status, as well as the medical and psychological requirements. The latter in some jurisdictions still include surgery and sterility as a precondition, thus potentially forcing the persons concerned to choose between the recognition of their sex/gender identity and their physical integrity.The book also examines questions that are thus far under-researched, namely what the full legal consequences of a change of legal sex/gender should be, for example with regard to existing legal relationships such as marriages and registered partnerships, but also concerning children and parentage.The Legal Status of Transsexual and Transgender Persons is the result of an international research project, including not only national reports from 14 European and non-European jurisdictions but also two chapters that look at legal sex/gender changes from a Christian perspective and one chapter from a medical-psychological perspective. The final comparative chapter compares and contrasts the different approaches and requirements and makes recommendations for best practice and law reform.

This volume deals with questions of political party funding and campaign financing, issues which arouse controversy in many parts of the world. How are the central actors in the political arena supposed to gather the funds necessary to operate effectively on behalf of their chosen political ends? And, how may they spend money in furtherance of their political objectives? The aim of this volume, the first in a new series of Columbia University/London University collaborative projects, is to explore these issues in the specific context of a number of national settings.The studies presented here show that financing questions cannot be addressed independent of the constitutional conventions of the country, the nature of the political parties in the country, and the means of access to publication and the media in any given nation. The national studies in this volume reveal a rich diversity in the approach to regulation in Australia, Canada, the European Union, Japan, New Zealand, Quebec, the United Kingdom and the United States. The topicality of the issues considered is reflected in the fact that since the book was first mooted there have been major decisions of the US Supreme Court and the Supreme Court of Canada, as well as an investigation and report by the Electoral Commission in the United Kingdom, all of which have a direct bearing on the legal and policy issues discussed in this book.

Title 30 presents regulations governing mineral lands and mining applied by the United States Bureau of Mines.

Often cited authority on the foundations of law. Originally published: Cincinnati: Robert Clarke & Co., 1874. xiii, 401 pp. Originally written in Latin in 1523, this work contains two dialogues between a doctor of divinity and a student of English law. It popularized canonist learning on the nature and object of law, the religious and moral standards of law, the foundations of the common law and issues regarding the jurisdiction of Parliament. A very important work in the development of equity, Doctor and Student appeared in numerous editions. An authority well into the eighteenth century, it influenced several legal writers, including Blackstone.
." . . surely the most remarkable book relating to English law published in the Tudor period, and quite unlike any book to have come from the pen of an English lawyer before." --Dictionary of National Biography XVII:616.
CHRISTOPHER SAINT GERMAIN c.1460-1540] was a legal writer and controversialist who wrote on a variety of topics. His noteworthy works include A Treatise Concernynge the Dilusion Betwene the Spiritualtie and Temporaltie (1532) and Salem and Bizance (1533). Also a notable bibliophile, his library exceeded that of any other lawyer of his time.

This book is a topical study of populist constitutionalism and illiberal democracies,exploring their roots in constitutional imagination as well as their normativeentrenchment and performance in political reality. It provides insightful analysis ofrepublican constitutionalism, focusing on the role of people in radical democracyand revolutionary constitutional reform. Furthermore, the outlook, adequacyand performance of constitutional principles in times of democratic ruptures areassessed. The contributors examine the rise of populist constitutionalism and themain trends that have led to the current, ongoing crises in liberal democracy. Thebook includes original analyses of populist constitutionalism from the viewpointof emotions and constitutional imagination, as well as a special chapter devotedto the challenges posed to constitutional democracy by COVID-19. Combiningtheoretical contributions, comparative typologies and important case studies, thespread of populism and illiberal democracy in Europe is critically explored.Populist Constitutionalism and Illiberal Democracies is a timely contribution to thelively discussion surrounding constitutional law, comparative constitutional law,comparative constitutionalism and political science regarding the rise and spreadof illiberal democracies, authoritarian political regimes and revolutionary, radicaldemocratic and populist constitutionalism.

The authors examine developments in labor standards in global supply chains over the past thirty years, analyzing factors that create challenges and opportunities for improving working conditions. They illustrate the complex dynamics within and among key groups, including brands, suppliers, governments, workers and consumers. Using extended examples from China, Honduras, Bangladesh and the United States, as well as new quantitative evidence, the authors analyze stakeholders and mechanisms that create or obstruct opportunities for improving labor rights. They evaluate key clusters of actors and their interests in order to comprehensively map the complex interactions and relationships that make up global supply chains. Original data and analyses, including four in-depth case studies, present a systematic evaluation of the points of leverage for changing labor standards in sectors including apparel, footwear, and electronics. This exciting new contribution to a burgeoning field of study will benefit scholars of labor rights and human rights, as well as students with an interest in labor and working conditions. It also presents critical information for political scientists, NGOs, and practitioners looking to effect change in working conditions and learn more about key players in the global economy.

Human Rights Law creates controversy, contention and counter-point like few other legal areas. Human Rights and Civil Liberties is a clear and comprehensive guide to this rapidly developing subject, and covers the enforcement of human rights and civil liberties generally, before examining the protection of specific areas of civil liberties in domestic law including (among others): the right to life, freedom of expression; the right to demonstrate; privacy; and freedom from torture. The book places the study of the subject within the context of the passing and implementation of the Human Rights Act 1998 and the principles and case law of the European Convention on Human Rights, providing you with an unrivalled framework to deepen your understanding of the area

Donald Lively brings a perspective upon constitutional fundamentals and racial reality that is both historical and forward-looking. It reflects a convergence of understandings and insights from a range of experience as a legal academic, historian, business developer, and community service organizer. He is the author of 12 books and over 50 articles, many of which relate to the interaction between the Constitution and political and social factors and circumstances. He has lectured both domestically and internationally. Three of his books have won national book awards. Lively writes in a style that captures complex and sophisticated subject matter and reduces it to accessible and understandable terms. It is extensively annotated to authoritative sources, transcends any ideological agenda, and introduces principles that make original constitutional premises relevant to evolving conditions. Among other things, he demonstrates how the nation's founding premises that were compromised by racism and its incidents have become relevant to reckoning with their legacy. This publication is particularly relevant at a time when racial dynamics are in flux and the law, particularly interpretation of the law, has become largely static. Accounting for the nation's legacy of discrimination has been sporadic and uneven. Reparations have been provided for the forced relocation of Japanese-Americans during World War II, but denied for African-Americans whose experience for most of the nation's history was defined by slavery and pervasive discrimination. Although the Supreme Court has acknowledged this legacy of societal discrimination, it has precluded generalized remediation pursuant to concern with negative collateral consequences. This book provides significant insights that increasingly will reflect understanding of racial reality in the twenty-first century. It demonstrates first a legacy of constitutional outcomes that, at their best, have been promising and profound in their symbolism but ultimately underachieving. The book also evidences that, for the first time in the nation's history, market forces are aligning in favor of diversity and multicultural competence. Along with changing demographics and globalization, these factors provide a powerful new force for reckoning with the nation's legacy of racial discrimination. Modern constitutional doctrine, which largely precludes raceconscious reckoning with this reality, constrain the market (both the public and private sector) from generating innovative and effective solutions. Lively maintains that by allowing more flexibility and being more deferential to innovation and experimentation, the Court can facilitate reckoning with historical reality and square the law in a way that is consistent with and even restores founding principles and also reflects how the future is evolving. Based upon its fidelity to original intent and responsiveness to changing societal conditions, this model offers a rare convergence of appeal to those who respectively advocate a more restrained and more active judiciary. This book is relevant to a variety of audiences including academics, students, and persons in both the public and private sector who seek a comprehensive yet accessible narrative and analysis upon the historical interaction between law and race and its likely evolution.

Who is a vulnerable person in human rights law? This important book assesses the treatment of vulnerability by the European Court of Human Rights, an area that has been surprisingly under-explored by European human rights law to date. It explores legal-philosophical understandings of the topic, providing a theoretical framework that can be used when examining the question. Not confining itself to the abstract, however, it provides a bridge from the theoretical to the practical by undertaking a comprehensive examination of the Court's approach under art. 3 ECHR. It also pays particular attention to the concept of human dignity. Well written and compellingly argued, this is an important new book for all scholars of European human rights. The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

Koshner explores the increase in interest group participation before the U.S. Supreme Court. Since 1953, when less than 13 percent of the Court's full opinion cases were accompanied by friend of the court briefs, there has been a steady increase in interest group litigation. By the 1993 term, interest groups participated in 92 percent of the cases brought before the Supreme Court. While asking whether the rise in interest group activity in this supposedly independent arena should concern us, Koshner attempts to solve the fascinating political puzzle of this tremendous growth. He begins with the growth of interest group participation and asks, quite simply, why? In answering this question, Koshner draws on a series of studies that focus primarily on individual groups and their litigation decisions. He then uses them to explore the macro-level trends that pervade the relationship between the Supreme Court and interest groups. In particular, Koshner studies the roles of four important groups: the Court, Congress, the executive branch, and the interest groups themselves. Within each, he finds a series of changes or shifts in policy that begins to answer the puzzle, and examines his conclusions within the context of First Amendment church-state cases. Students, scholars, and other researchers dealing with contemporary public law issues will find this work of particular value.