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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law

Human Rights, Constitutional Law and Belonging - The Right to Equal Belonging in a Democratic Society (Hardcover): Elena... Human Rights, Constitutional Law and Belonging - The Right to Equal Belonging in a Democratic Society (Hardcover)
Elena Drymiotou
R3,909 Discovery Miles 39 090 Ships in 12 - 17 working days

While every constitution includes a provision over the right to equal protection of the laws, perhaps with different terminology, this book interprets this right in a new way. Theories of the right to equal protection of the laws as the right to anti-subordination are the most influential theories on the theory suggested by Drymiotou. Elena Drymiotou suggests understanding the right to equal protection of the laws in terms of belonging. She goes on to identify certain criteria and she offers a general theory of the Right to Democratic Belonging. This book uses political theory, constitutional provisions and case law to suggest this new theory of the right to equal protection of the laws; the theory of the Right to Equal Belonging in a Democratic Society or in other words, the Right to Democratic Belonging. Human Rights and Equal Belonging in a Democratic Society is the starting point of a more comprehensive theory of the right to democratic belonging. It will be of interest both to students at an advanced level, academics and reflective practitioners. It addresses the topics with regard to human rights and equality and will be of interest to researchers, academics, policymakers and students in the fields of human rights law, constitutional law and legal theory.

Developing a Constitution for Europe (Hardcover): Erik Oddvar Eriksen, John Erik Fossum, Agustin Menendez Developing a Constitution for Europe (Hardcover)
Erik Oddvar Eriksen, John Erik Fossum, Agustin Menendez
R1,200 Discovery Miles 12 000 Ships in 12 - 17 working days

The European Union is presently at a crossroad. The prospect of enlargement has led to a project of comprehensive reform. Existing structures - originally designed for just six members - need to change. The Constitutional Convention has succeeded in forging a draft Treaty Establishing the Constitution for Europe but these developments raise fundamental issues of legitimacy and democratic accountability.
This book aims to address the challenge of forging a legitimate Constitution for the EU and explores the questions:
*Does the EU need a constitution and, if so, what is to be constituted?
*Can such a constitution be made by a non-state entity?
*How could the constitution be made and what is the role of the Convention on the Future of Europe?
The authors aim to clarify the constitutional status of the EU, to take stock of the European Charter of Fundamental Rights and Convention of the Future of Europe as vehicles to foster and create a European constitution. Developing a Constitution for Europe should interest students and researchers of European Politics.

Uncertain Citizenship - Life in the Waiting Room (Paperback): Anne-Marie Fortier Uncertain Citizenship - Life in the Waiting Room (Paperback)
Anne-Marie Fortier
R631 R570 Discovery Miles 5 700 Save R61 (10%) Ships in 9 - 15 working days

Uncertainty is central to the governance of citizenship, but in ways that erase, even deny, this uncertainty. This book investigates uncertain citizenship from the unique vantage point of 'citizenisation': twenty-first-century integration and naturalisation measures that make and unmake citizens and migrants, while indefinitely holding many applicants for citizenship in what Fortier calls the 'waiting room of citizenship'. Fortier's distinctive theory of citizenisation foregrounds how the full achievement of citizenship is a promise that is always deferred: if migrants and citizens are continuously citizenised, so too are they migratised. Citizenisation and migratisation are intimately linked within the structures of racial governmentality that enables the citizenship of racially minoritised citizens to be questioned and that casts them as perpetual migrants. Drawing on multi-sited fieldwork with migrants applying for citizenship or settlement and with intermediaries of the state tasked with implementing citizenisation measures and policies, Fortier brings life to the waiting room of citizenship, giving rich empirical backing to her original theoretical claims. Scrutinising life in the waiting room enables Fortier to analyse how citizenship takes place, takes time and takes hold in ways that conform, exceed, and confound frames of reference laid out in both citizenisation policies and taken-for-granted understandings of 'the citizen' and 'the migrant'. Uncertain Citizenship's nuanced account of the social and institutional function of citizenisation and migratisation offers its readers a grasp of the array of racial inequalities that citizenisation produces and reproduces, while providing theoretical and empirical tools to address these inequalities. -- .

Q&A Public Law (Hardcover, 9th edition): Richard Glancey Q&A Public Law (Hardcover, 9th edition)
Richard Glancey
R5,380 Discovery Miles 53 800 Ships in 12 - 17 working days

Routledge QandAs give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These books provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them:Aim Higher andCommon Pitfalls offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus QandAs and multiple-choice questions to help you focus your revision more effectively.

Individual Duty within a Human Rights Discourse (Hardcover, New Ed): Douglas Hodgson Individual Duty within a Human Rights Discourse (Hardcover, New Ed)
Douglas Hodgson
R3,927 Discovery Miles 39 270 Ships in 12 - 17 working days

Over the past two decades or so, legal literature has devoted much attention to various human rights issues at both the national and international levels. Yet there has been comparatively little written on the concept and importance of individual duty within the human rights discourse. This book attempts to comprehensively and systematically examine the corollary of human right - the principle of individual duty - from a number of different perspectives, including history, the law (principally international human rights and humanitarian law and national constitutional law), philosophy, jurisprudence, religion, and ethics. The author attempts to demonstrate that a greater emphasis upon individual duties is consistent with a cultural relativist critique, natural law theory, the experience of national legal systems and regional human rights systems, certain socio-political philosophies and conventional sociological postulates, and the dictates of good public policy. The author urges the assignment of a greater, indeed revived, role for the principle of individual duty in order to achieve a more salutary balance between rights and duties and in the relationship between individual freedom and the welfare of the general community.

Prohibition, the Constitution, and States' Rights (Paperback): Sean Beienburg Prohibition, the Constitution, and States' Rights (Paperback)
Sean Beienburg
R1,070 Discovery Miles 10 700 Ships in 12 - 17 working days

Colorado's legalization of marijuana spurred intense debate about the extent to which the Constitution preempts state-enacted laws and statutes. Colorado's legal cannabis program generated a strange scenario in which many politicians, including many who freely invoke the Tenth Amendment, seemed to be attacking the progressive state for asserting states' rights. Unusual as this may seem, this has happened before--in the early part of the twentieth century, as America concluded a decades-long struggle over the suppression of alcohol during Prohibition. Sean Beienburg recovers a largely forgotten constitutional debate, revealing how Prohibition became a battlefield on which skirmishes of American political development, including the debate over federalism and states' rights, were fought. Beienburg focuses on the massive extension of federal authority involved in Prohibition and the passage of the Eighteenth Amendment, describing the roles and reactions of not just Congress, the presidents, and the Supreme Court but political actors throughout the states, who jockeyed with one another to claim fidelity to the Tenth Amendment while reviling nationalism and nullification alike. The most comprehensive treatment of the constitutional debate over Prohibition to date, the book concludes with a discussion of the parallels and differences between Prohibition in the 1920s and debates about the legalization of marijuana today.

Oliver Wendell Holmes and Fixations of Manliness (Hardcover): John M. Kang Oliver Wendell Holmes and Fixations of Manliness (Hardcover)
John M. Kang
R3,904 Discovery Miles 39 040 Ships in 12 - 17 working days

Oliver Wendell Holmes, Jr. has been, and continues to be, praised as America's greatest judge and he is widely considered to have done more than anyone else to breathe life into the Constitution's right of free speech, probably the most crucial right for democracy. One indeed finds among professors of constitutional law and federal judges the widespread belief that the scope of the First Amendment owes much of its incredible expansion over the last sixty years to Holmes's judicial dissents in Abrams and Gitlow. In this book, John M. Kang offers the novel thesis that Holmes's dissenting opinions in Abrams and Gitlow drew in part from a normative worldview structured by an idiosyncratic manliness, a manliness which was itself rooted in physical courage. In making this argument, Kang seeks to show how Holmes's justification for the right of speech was a bid to proffer a philosophical commentary about the demands of democracy.

The Public Insult Playbook - How Abusers in Power Undermine Civil Rights Reform (Hardcover): Ruth Colker The Public Insult Playbook - How Abusers in Power Undermine Civil Rights Reform (Hardcover)
Ruth Colker
R658 Discovery Miles 6 580 Ships in 12 - 17 working days

When they go low, we learn: an examination of mudslinging in contemporary American politics-and how the left can find its footing to achieve structural reform in this mess. The rules of the public discourse game have changed, and The Public Insult Playbook argues that the political left needs to account for the power of vitriol in crafting their theories for social and political change. With this book, noted constitutional law expert and disability rights advocate Ruth Colker offers insights into how public insults have come to infect contemporary public discourse-a technique not invented by but certainly refined by Donald Trump-and, importantly, highlights lessons learned and tools for fighting back. Public insults act as a headwind and dead weight to structural reform. By showcasing the power of insults across a number of civil rights battlegrounds, The Public Insult Playbook uncovers the structural nature of personal attacks, and offers a blueprint for a legal and political strategy that anticipates the profound but poorly understood damage they can inflict to whole movements. Illustrating how completely the tactic has been adopted and embraced by the American right wing, the book catalogues how public insults have been used against people with disabilities, immigrants, people seeking abortions, individuals who are sexually harassed, members of the LGBTQ community, and, of course, Black Americans. These examples demonstrate both the pervasiveness of the deployment of insults by the political right and the ways in which the left has been caught flat-footed by this tactic. She then uses the Black Lives Matter movement as a case study to consider how to effectively counter these insults and maintain an emphasis on structural reform.

Cultural Studies and the 'Juridical Turn' - Culture, law, and legitimacy in the era of neoliberal capitalism... Cultural Studies and the 'Juridical Turn' - Culture, law, and legitimacy in the era of neoliberal capitalism (Paperback)
Jaafar Aksikas, Sean Andrews
R1,474 Discovery Miles 14 740 Ships in 12 - 17 working days

The relationship between culture and the law has become an emergent concern within contemporary Cultural Studies as a field, but the recent focus has been largely limited to the role played by cultural representations and identity politics in the legitimation of legal discourse and policies. While continuing this emphasis, this collection also looks at the law itself as a cultural production, tracing some of the specific contours of its function in the last three decades. It argues that, with the onset of neoliberal or late capitalism, the law has taken on a new specificity and power, leading to what we are calling the 'juridical turn', where the presumed legitimacy of the law makes other forms of hegemonic struggle secondary. The collection not only charts the law and cultural policy as they exert their powerful-if often overlooked-influence on every aspect of society and culture, but it also seeks to define this important field of study and demonstrate the substantial role law plays in the production of our social and cultural worlds. In this trailblazing collection of contributions by leading and emerging figures in the field of cultural legal studies, chapters examine various ways in which this process is manifested, such as U.S. legislation and Supreme Court Decisions on gay marriage, immigration, consumer finance, welfare, copyright, and so-called victim's rights, along with international comparisons from Europe and Latin America. It promises to be a pathbreaking analysis of our juridically-determined conjuncture. This book was originally published as a special issue of Cultural Studies.

Business, Human Rights and Transitional Justice (Paperback): Irene Pietropaoli Business, Human Rights and Transitional Justice (Paperback)
Irene Pietropaoli
R1,274 Discovery Miles 12 740 Ships in 9 - 15 working days

This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law - either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.

Locating the Role of Labor Politics within Feminism in the Late Twentieth Century - Women, the Law, and the Workplace... Locating the Role of Labor Politics within Feminism in the Late Twentieth Century - Women, the Law, and the Workplace (Hardcover)
Sybil Lipschultz
R5,267 Discovery Miles 52 670 Ships in 12 - 17 working days


Bringing together legal rulings and commentary, this three-volume collection documents the development of legal protections for women in the workplace. The comprehensive coverage encompasses the major legal and constitutional issues, including debates over minimum wage legislation, issues of gender equality versus gender difference, maternity leave, health hazards in the workplace for pregnant women, and other vital topics. This set will become an essential guide for students and scholars, as well as lay readers.

Routledge Revivals: Encyclopedia of American Civil Liberties (2006) - Volume 1, A - F (Hardcover): Paul Finkelman Routledge Revivals: Encyclopedia of American Civil Liberties (2006) - Volume 1, A - F (Hardcover)
Paul Finkelman
R7,242 Discovery Miles 72 420 Ships in 12 - 17 working days

Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of American Civil Liberties. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book's multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.

Routledge Revivals: Encyclopedia of American Civil Liberties (2006) - Volume 2, G - Q (Hardcover): Paul Finkelman Routledge Revivals: Encyclopedia of American Civil Liberties (2006) - Volume 2, G - Q (Hardcover)
Paul Finkelman
R6,351 Discovery Miles 63 510 Ships in 12 - 17 working days

Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book's multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.

Routledge Revivals: Encyclopedia of American Civil Liberties (2006) - Volume 3, R - Z (Hardcover): Paul Finkelman Routledge Revivals: Encyclopedia of American Civil Liberties (2006) - Volume 3, R - Z (Hardcover)
Paul Finkelman
R6,201 Discovery Miles 62 010 Ships in 12 - 17 working days

Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book's multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.

Preventive Detention of Terror Suspects - A New Legal Framework (Paperback): Diane Webber Preventive Detention of Terror Suspects - A New Legal Framework (Paperback)
Diane Webber
R1,368 Discovery Miles 13 680 Ships in 12 - 17 working days

Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.

Law and Public Policy (Hardcover): Kevin J. Fandl Law and Public Policy (Hardcover)
Kevin J. Fandl
R4,088 Discovery Miles 40 880 Ships in 12 - 17 working days

Laws exist to incentivize us to act in a certain manner, in accordance with the policies that our community has deemed right for us. And when we disagree with those laws, we must re-examine our policies, and thus our beliefs and ideas, to decide whether our community has changed. This is a book about law and public policy-about the ideas and the rules we build to implement those rules. While similar books have looked at public policy and public administration in an effort to explain how the government works, and others have considered the foundations of the legal system to understand the rulemaking institutions, this book takes a different approach. In this ground-breaking new textbook, author Kevin Fandl develops a complete picture of society, from idea to action -- by examining laws through the lens of policy, and vice versa. This holistic approach gives readers a chance to see not only why certain rules exist, but how those rules evolved over time and the events that inspired them. It offers readers an opportunity not only to see but also to participate in the process of forming the structures that shape our society. This textbook is divided into two sections. The first section provides readers with the tools that they will need to digest the policies and laws that surround them. These tools include a historical deep dive into the foundations of the governance structure in the United States and beyond, an important examination of civics and a reminder of the importance of engaging in the policymaking process, a careful breakdown of the institutions that form the backbone of the law and policy-making institutions in the United States, and finally critical thinking including practical tools to find reliable sources for news, research, and other types of information. The second section of the text is comprised of subject-matter analyses. These subject-based chapters, written by experts on the topic at hand begin with a historical perspective, followed by a careful examination of the key policies and laws that inform that field. Each chapter highlights key vocabulary, provides practical vignettes to add context to the writing, explores a unique global component to compare perspectives from communities worldwide, and includes a number of discussion questions and recommended readings for further examination. This textbook is tailored specifically for undergraduate and graduate students of public policy, to introduce them to the role of law and legal institutions as facilitators and constraints on public policy, exploring those laws in a range of relevant policy contexts with the help of short case studies.

The Campbell Legacy - Reflections on the Tort of Misuse of Private Information (Hardcover): Thomas D.C. Bennett, Daithi... The Campbell Legacy - Reflections on the Tort of Misuse of Private Information (Hardcover)
Thomas D.C. Bennett, Daithi MacSithigh
R4,204 Discovery Miles 42 040 Ships in 12 - 17 working days

In 2004, a judgment from the highest court in the UK gave birth to a new era of privacy law. That case, brought by the supermodel Naomi Campbell against Mirror Group Newspapers, is today rightly regarded as a turning point for the protection of individuals' privacy. The case is seen as the turning point in the development of English privacy law, and has also had major implications for the law elsewhere, including in Australia, New Zealand, Ireland, and Canada. The manner in which the common law's privacy protections have developed since, and the direction in which they might develop still further, are the subject of this book. This collection, written by leading scholars in the privacy field from the UK and beyond, considers the legacy of Campbell's case. The contributors address the Campbell legacy from a range of legal perspectives and discuss broader themes of power, metaphor, consistency, and technological change. This book was originally published as a special issue of the Journal of Media Law.

Public Law and Human Rights Statutes (Hardcover, 4th edition): Philip Jones Public Law and Human Rights Statutes (Hardcover, 4th edition)
Philip Jones
R5,413 Discovery Miles 54 130 Ships in 12 - 17 working days

Focused content, layout and price - Routledge competes and wins in relation to all of these factors - Craig Lind, University of Sussex, UK The best value and best format books on the market. - Ed Bates, Southampton University, UK Routledge Student Statutes present all the legislation students need in one easy-to-use volume. Developed in response to feedback from lecturers and students, this book offer a fully up-to-date, comprehensive, and clearly presented collection of legislation - ideal for LLB and GDL course and exam use. Routledge Student Statutes are: Exam Friendly: un-annotated and conforming to exam regulations Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have been developed to meet student needs through extensive market research Easy to use: a clear text design, comprehensive table of contents, multiple indexes and highlighted amendments to the law make these books the most student-friendly Statutes on the market Competitively Priced: Routledge Student Statutes offer content and usability rated as good or better than our major competitor, but at a more competitive price Supported by a Companion Website: presenting scenario questions for interpreting Statutes, annotated web links, and multiple-choice questions, these resources are designed to help students to be confident and prepared.

The Constitutional Value of Sunset Clauses - An historical and normative analysis (Paperback): Antonios Kouroutakis The Constitutional Value of Sunset Clauses - An historical and normative analysis (Paperback)
Antonios Kouroutakis
R1,386 Discovery Miles 13 860 Ships in 12 - 17 working days

In recent years, sunset clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However, as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law. In addition, the constitutional value of such clauses is examined from certain neglected normative aspects pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty and constitutional dialogue. The work is an amalgam of three perspectives: the historical, the positive and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses. Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy makers.

Fragile Migration Rights - Freedom of movement in post-Soviet Russia (Paperback): Matthew Light Fragile Migration Rights - Freedom of movement in post-Soviet Russia (Paperback)
Matthew Light
R1,473 Discovery Miles 14 730 Ships in 12 - 17 working days

The Soviet Union comprehensively governed the mobility of its citizens by barring emigration and strictly regulating internal migration. In the aftermath of the Soviet collapse, the constitution and laws of the new Russian Federation appeared to herald a complete break with the repressiveness of the previous government. Russian law now proclaims the right of Russian citizens and residents to move around their country freely. This book examines how and why this post-Soviet legal promise of internal freedom of movement has been undermined in practice by both federal and regional policies. It thereby adds a new dimension to scholarly understanding of the nature of rights, citizenship, and law enforcement in contemporary Russia. Most contemporary works focus on the attempts of developed Northern countries to regulate migration from the global South to the global North: here Matthew Light examines the restriction of migration within Soviet and post-Soviet Russia, providing a comprehensive view into an area rarely explored within migration scholarship. Fragile Migration Rights develops a comprehensive theoretical framework to analyse this complex subject. It is essential reading for students and academics from a range of disciplines including criminology, human rights, migration studies, and political science.

Why Constitutions Matter (Paperback): Nils Karlson Why Constitutions Matter (Paperback)
Nils Karlson
R1,367 Discovery Miles 13 670 Ships in 12 - 17 working days

As countries in the twentieth and twenty-first centuries change from colonialist to independent rule, or from a socialist to a democratic society, the need for a written constitution becomes apparent. Countries in the former Soviet Union, Africa, or nations once part of the British Empire face social, economic, and humanitarian problems as they experiment with democratic rule. Such issues as clearly defining where sovereignty lies, how much power is given to the people, and what rights are possessed by a nation's citizenry are new to these countries. While a constitution, being a man-made document, is subject to interpretation and does not always delineate in a lucid framework its parameters for future generations, it is clear that constitutions "do" matter.

This volume, compiled under the direction of the City University of Stockholm, is an important study on the significance of constitutions and constitutional law in a democratic society. A number of scholars in law, political science, and economics have contributed to this volume. They include: James Buchanan, Aleksander Peczenik, Mats Lundstrom, Joakim Nergelius, Sverker Hard, Niclas Berggren, Peter Kurrild-Klitgaard, Wolfgang Kasper, and Erik Moberg. All add to the understanding of the intertwining roles of politics and the social sciences in a modern democratic state.

They explore why a constitution is essential; the relationship between a constitution and a rational political system; the democratic principle of majority rule; why constitutional constraints are needed in a democratic state; recent constitutional reforms in the United Kingdom; the electoral system and its centrality in a democracy; evolution in constitutional change; competition within a federal structure; and the connection between politics and economics. "Why Constitutions Matter" is a fascinating and timely study of constitutionalism, and will be of interest to students of politics, law, economics, and sociology.

Constitutional Government in the United States (Paperback, New Ed): Woodrow Wilson Constitutional Government in the United States (Paperback, New Ed)
Woodrow Wilson
R1,364 Discovery Miles 13 640 Ships in 12 - 17 working days

One of the genuine classics of American political science literature, "Constitutional Government in the United States" is also a subtle and influential criticism of the American founding fathers produced during the Progressive Era. Wilson's interpretation of the Constitution shaped the thought of scholars and students of American politics. His definition of constitutional government and the place of the United States in the development of constitutional theory continues to shape discourse today. Wilson discusses the three branches of government in the United States, the relation between the states and the federal government and party government in a manner quite distinct from the founding fathers.

"Constitutional Government" has its origins in a series of lectures Wilson delivered at Columbia University in 1907. It is carefully organized around three separate but mutually supporting arguments. First, is the idea that constitutional government evolves historically from primitive beginnings of the state toward a universal and ideal form. Second, this idea of historical evolution contains within it an analysis of how and where the Constitution fits into the evolutionary process as a whole. Third, the historical thesis itself provides a prescription for bringing American government, and with it the Constitution, into accord with his first principle of the ideal form of modern government.

In his new introduction, Sidney A. Pearson explores how, with "Constitutional Government in the United States," Wilson helped create a new genre of political writing using the point of view of a "literary politician." He discusses Wilson's intention to replace the constitutional argument of the founders with one of his own based on the application of Darwinian metaphor in a political science framework. And he examines the differences between the views launched by Wilson and those set forth by James Madison in "The Federalist." This is an essential work for all interested in the evolution of American political thought.

Judicial Review of Elections in Asia (Paperback): Po Jen Yap Judicial Review of Elections in Asia (Paperback)
Po Jen Yap
R1,475 Discovery Miles 14 750 Ships in 12 - 17 working days

In the past century, Asian nations have experienced a wave of democratisation as countries in the region have gained independence or transitioned from authoritarian military rule towards more participatory politics. At the same time, there has been an expansion of judicial power in Asia, whereby new courts or empowered old ones emerge as independent constraints on governmental authority. This is the first book to assess the judicial review of elections in Asia. It provides important insights into how Asian courts can strategically engage with the political actors in their jurisdictions and contribute to a country's democratic discourse. Each chapter in the book sheds light on the judicial review of elections and the electoral process in a specific Asian jurisdiction, including Common Law Asia, namely Hong Kong, India, Malaysia, and Singapore, as well as jurisdictions in Civil Law Asia, namely Indonesia, Japan, the Republic of Korea, Taiwan, and Thailand. It fills a gap in the literature by addressing a central challenge to democratic governance, namely the problem of partisan self-dealing in the electoral processes. By exploring the constantly evolving role of the courts in addressing pivotal constitutional questions, this book will be of interest to students and scholars of Asian Law, Governance and Politics.

Commonwealth Caribbean Constitutional Law (Paperback): Fred Phillips Commonwealth Caribbean Constitutional Law (Paperback)
Fred Phillips
R2,197 Discovery Miles 21 970 Ships in 12 - 17 working days

This book includes the reforms proposed by the various Caribbean Commissions since 1985, making it a comprehensive guide to constitutional law in the Caribbean. It outlines sources of the law and developing changes in the doctrine of sovereignty of Parliament and the Conventions of the Constitution as well as in the role of the Public Service.

There is also an expanded commentary on the Caribbean judiciary in which special reference is made to the proposed Caribbean Court of Justice.Caribbean Constitutional Law will be valuable to students of law and political science and practitioners wishing to renew their acquaintance with the basic concepts of constitutional law.

Enforcing and Challenging the Voting Rights Act - Race, Voting, and Redistricting (Hardcover): Marsha Darling Enforcing and Challenging the Voting Rights Act - Race, Voting, and Redistricting (Hardcover)
Marsha Darling
R5,131 Discovery Miles 51 310 Ships in 12 - 17 working days


Contents:
Hearings on The Enforcement of the Voting Rights Act:

Hearings Before the Civil Rights Oversight Subcommittee (Subcommittee No. 4) of the Committee on the Judiciary, House of Representatives, 92nd Congress, First Session on the Enforcement and Administration of the Voting Rights Act of 1965, As Amended, May 26; June 2 & 10, 1971, Serial No. 8, GPO (1971):

Testimony of:

* Henry, Dr. Aaron, president, Mississippi State Conference of Branches, NAACP, accompanied by Clarence Mitchell, director, Washington bureau, NAACP, and Frank Polhaus, counsel, Washington bureau, NAACP.
* Lewis, John, director, Voter Education Project.
* Derfner, Armand, attorney, Lawyer's Committee for Civil Rights Under Law, accompanied by Stanley Halpin, attorney, Lawyer's Constitutional Defense Committee, New Orleans, Louisiana

Testimony of and Brief Submitted by the Mississippi Freedom Democratic Party (Prepared by Joseph L. Rauh, Jr., Assisted by Eleanor K. Holmes and H. Miles Jaffe):

* Raugh, Joseph L., Jr., general counsel, Leadership Conference on Civil Rights, Accompanied by Clarence Mitchell, director, Washington bureau, NAACP, and Frank Polhaus, counsel, Washington bureau, NAACP

Correspondence:

* Parker, Frank, R., attorney, Lawyer's Committee for Civil Rights Under Law, to Hon. Don Edwards, May 19, 1971.

* Edwards, Hon. Don, a Representative in Congress from the State of California, and Chairman, Civil Rights Oversight Subcommittee, to David L. Norman, Acting Assistant Attorney General, Civil Rights Division, June 1, 1971.

* Norman, David L., Acting Assistant Attorney General, Civil Rights Division, Reply to Edwards, Hon. Don, a Representative in Congress from the State of California, and Chairman, Civil Rights Oversight Subcommittee and 'Current Registration in Mississippi Counties.'

Hearings on Amendments to the Voting Rights Act of 1965:

Hearings Before the Subcommittee on Constitutional Rights of the Committee on the Judiciary United States Senate, 91st Congress, First and Second Sessions on S. 818, S. 2456, S. 2507, and Title IV of S. 2029, Bills to Amend the Voting Rights Act of 1965, July 9, 10, 11, and 30, 1969 and February 18, 19, 24, 25, 26, 1970, GPO (1970).

Statement of Honorable Barry Goldwater, US Senator from Arizona on Voter Residency Requirements I the Nation, Thurs., February 19, 1970.

Voting Rights Act Extension, House of Representatives, 94th Congress, 1st Session, Report No. 94-196, May 8,1975
:

* 'Report, together with Additional, Supplemental, Separate, Additional Supplemental, and Views Concurring in Part and Dissenting (to accompany H.R. 6219) B. Title II: Expansion of the Voting Rights Act.'

* Mc Donald, Laughlin. A Special Report from the American Civil Liberties Union, 'Voting Rights in the South.' Laughlin McDonald (January, 1982).

* Ortiz, Daniel 'Note: Alternative Voting Systems as Remedies or Unlawful At-Large Systems.' Yale Law Journal (1982).

Voting Rights Act Extension. Report of the Committee on the Judiciary, United States Senate, 97th Congress, 2nd Session, Report no. 97-417, Calendar No. 598 May 25, 1982: 'Report of the Committee on the Judiciary on S. 1992 with Additional Minority ad Supplemental Views VI. Amendment to Section 2 of the Voting Rights Act,' and 'Additional Views of Senator Strom Thurmond.'

* Low-Beer, John R. 'The Constitutional Imperative of Proportional Representation.' Yale Law Journal 94 (1984).

Shapiro, Howard. 'Geometry and Geography: Racial Gerrymandering and the Voting Rights Act.' Yale Law Journal 94 (1984).

* Note: The Disenfranchisement of Ex-Felons: Citizenship, Criminality and the 'Purity of the Ballot Box', ' Harvard Law Review (102) (1989).

Strauss, David, A. 'The Myth of Colorblindness.' Supreme Court Review (1986).

McCrary, Peyton and Pamela S. Karlan 'Book Review: Without Fear and Without Research: Abigail Thernstrom on the Voting Rights Act.' Journal of Law and Politics 4 (1988).

McCrary, Peyton and J. Gerald Hebert 'Keeping the Courts Honest: The Role of Historians as Expert Witnesses in Southern Voting Rights Cases.' Southern University Law Review 16 (1989).

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