This book is the first full-length work to present debates over the constitutional amending process as a perennial theme in American political thought. Beginning with a discussion of the views of political philosophers, publicists, and legal commentators who may have influenced the views of legal change held by the American Founding Fathers, the work proceeds to look at the historical influences on and discussions surrounding the amending process that was incorporated into Article V of the U.S. Constitution. The reader will gain a new respect for the way the amending process has served and still serves as a safety valve for constitutional change in the United States without permitting ill-considered or hastily conceived modifications. This work will be of interest to political scientists, historians, and students of American studies and legal history.

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.

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.

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.

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.

Title 48 presents regulations which cover acquisition planning, contracting methods and contract types, socioeconomic programs, general contracting requirements, special categories of contracting, contract management, clauses, and forms. Specific criteria for various departments, agencies, and offices are included. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

This volume takes a look at the status quo of whistleblowing in several jurisdictions from around the world. Covering a topic that draws the attention of a broad public and is gaining importance amongst legislators, practitioners and scholars all over the globe, the book examines the various aspects of whistleblowing. It looks at what kind of legal protection of whistleblowers is in force, who is protected, what kind of behaviour is protected, and what kind of behaviour whistleblowers are protected against. This is achieved by a combination of a general comparative report with country-specific reports that give information on whistleblowing in various jurisdictions. These countries include, amongst others, Canada, Germany, France, Italy, the Netherlands and the USA. A synopsis comprises information on whistleblowing in 23 countries in one tabula. The chapters of this book were originally prepared for the XIXth International Congress of Comparative Law (20th and 21 July 2014) of International Academy of Comparative Law in Vienna.

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.

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.

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.

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 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.

It's RBG like you've never seen her before! Using a unique mix of first-person narrative, hilarious comic panels and essential facts, Dean Robbins introduces young readers to an American trailblazer. The first book in an exciting new non-fiction series, You Are a Star, Ruth Bader Ginsburg focuses on Ruth's lifelong mission to bring equality and justice to all. Sarah Green's spot-on comic illustrations bring this icon to life, and engaging backmatter instructs readers on how to be more like Ruth! Includes: hilarious comic panels essential facts.

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.

Basic freedoms cannot be abandoned in times of conflict, or can they? Are basic freedoms routinely forsaken during times when there are national security concerns? These questions present different conundrums for the legal profession, which generally values basic freedoms but is also part of the architecture of emergency legal frameworks. Unleashing the Force of Law uses multi-jurisdiction empirical data and draws on cause lawyering, political lawyering and Bourdieusian juridical field literature to analyze the invocation of legal norms aimed at the protection of basic freedoms in times of national security tensions. It asks three main questions about the protection of basic freedoms. First, when do lawyers mobilize for the protection of basic freedoms? Second, in what kind of mobilization do they engage? Third, how do the strategies they adopt relate to the outcomes they achieve? Covering the last five decades, the book focusses on the 1980s and the Noughties through an analysis of legal work for two groups of independence seekers in the 1980s, namely, Republican (mostly Catholic) separatists in Northern Ireland and Puerto Rican separatists in the US, and on post-9/11 issues concerning basic freedoms in both countries

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.