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This title, a second edition of Currie & Klaaren's The promotion of administrative Justice Act Benchbook, is a commentary on the PAJA, written to assist the judges, magistrates, lawyers and administrators who are required to interpret and implement the Act. The aim is principally to describe the impact of the Act on the body of law that it codifies and reforms or, to put it another way, to describe the difference that the PAJA makes to administrative law. The PAJA has become the legislative foundation of the general administrative law of South Africa. Though analysis of an administrative-law issue will not end with the Act, it certainly must begin with it - with attention to and interpretation of the Act's provisions. This title therefore aims at providing the Act's interpreters with guidance on this process of interpretation, rather than to cover South African administrative law comprehensively.
JOIN OVER HALF A MILLION STUDENTS WHO CHOSE TO REVISE WITH LAW EXPRESS Revise with the help of the UK's bestselling law revision series. Features: * Review essential cases, statutes, and legal terms before exams. * Assess and approach the subject by using expert advice. * Gain higher marks with tips for advanced thinking and further discussions. * Avoid common pitfalls with Don't be tempted to. * Practice answering sample questions and discover additional resources on the Companion website. www.pearsoned.co.uk/lawexpress
Featuring more than 475 questions based on Life in the United Kingdom: A guide for new residents, the official Home Office materials, Life in the UK Test: Practice Questions 2019 is the ideal study companion for anyone taking the Life in the UK test. Passing the Life in the UK test is a compulsory requirement for anyone wanting to live permanently in Britain or become a British citizen. This practical study guide makes preparing for the test a lot easier. This 2019 edition features practice tests completely revised from 2018 based on direct experience and extensive customer feedback. This means every question has been checked against official samples and formats for accuracy, and the book features formats and questions seen in the official test. This book gives students access to practice questions which are just like the real test. Students also get a free subscription to online practice tests at www.lifeintheuk.net, along with up-to-date news and information. 1. 20 complete practice tests, fully revised based on direct experience and customer feedback 2. Updated advice on what to study and what the questions will be like 3. A free subscription to www.lifeintheuk.net Complete study materials are available in the companion titles Life in the UK Test: Study Guide 2019 and Life in the UK Test: Handbook 2019.
The Human Rights Law Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides help focus your revision and maximise your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases. Revision guides you can rely on: trusted by lecturers, loved by students... "I have always used OUP revision and Q&A books and genuinely believe they have helped me get better grades" - Anthony Poole, law student, Swansea University "The detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level." - Stephanie Lomas, law student, University of Central Lancashire "It is a little more in-depth than other revision guides, and also has clear diagrams and teaches ways to obtain extra marks. These features make it unique" - Godwin Tan, law student, University College London "The concentrate revision guides stand out against other revision guides" - Renae Haynes Williams, law student, Bangor University "The exam style questions are brilliant and the series is very detailed, prepares you well" - Frances Easton, law student, University of Birmingham "The accompanying website for Concentrate is the most impressive I've come across" - Alice Munnelly, law student, Kings College London "-it is a fantastic book. It covers absolutely all topics you need for the course." - Emma McGeorge, law student, Strathclyde University
It is a settled rule of international law that a State may not rely on the provisions of its 'internal law' as justification for failing to comply with international obligations. However, the judiciaries of most countries, including those with a high record of compliance with international norms, have increasingly felt the need to preserve the area of fundamental principles, where the State's inclination to retain full sovereignty seems to act as an unbreakable 'counter-limit' to the limitations deriving from international law. This volume explores this trend by adopting a comparative perspective, addressing the question of how conflicts between international law and national fundamental principles are dealt with and resolved within a specific legal system. The contributing authors identify common tendencies and fundamental differences in the approaches and evaluate the implications of this practice for the future of the principle of supremacy of international law.
Belligerent occupations existed in both World Wars and have occurred more recently in all parts of the world (including Iraq, Afghanistan, the former Yugoslavia, Congo, Northern Cyprus, Nagorno-Karabakh, Georgia, Eritrea and Ethiopia). Owing to its special length - exceeding half a century and still in progress - and the unprecedented flow of judicial decisions, a special focus is called for as regards to the occupation of Palestinian territories by Israel. International law addresses the subject of belligerent occupation in some detail. This second, revised edition updates the text (originally published in 2009) in terms of both State practice and doctrinal discourse. The emphasis is put on decisions of the Security Council; legislation adopted by the Coalition Provisional Authority in Iraq; and predominantly case law: international (Judgments of the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia and the European Court of Human Rights; Advisory Opinions and Arbitral Awards) as well as domestic courts.
The 2019 edition of the best-selling series includes the complete testable materials from Life in the United Kingdom: A guide for new residents, the official Home Office materials. Passing the Life in the UK test is a compulsory requirement for anyone wanting to live permanently in Britain or become a British citizen. This practical study guide makes preparing for the test a lot easier. The new edition includes: A foreword from the German comedy ambassador to the United Kingdom, Henning Wehn Updated advice on specific question formats and clear advice on how to avoid common mistakes. Focus points to help target your studies. Completely revised practice tests, based on customer feedback and the direct experience of our editors. This means we offer accurate and up-to-date advice on what the test is really like. Clear and easy to understand diagrams illustrating complex topics. Key advice from successful students and FAQs. The 2019 edition includes advice on what to study, the kinds of questions to expect and unique study aids. Our appendices help students develop the comprehensive understanding they will need to pass the test. This book offers detailed advice on the types of question you will be asked in the official test. Purchasers also get a free subscription to online practice tests at www.lifeintheuk.net, along with up-to-date news and information. This book provides students with everything required to help them pass their test with confidence. The latest official materials Expert and independent study advice Practice questions, including a FREE subscription to www.lifeintheuk.net
Sexual assault on college campuses has drawn tremendous public attention and colleges are under great pressure to respond. In many cases, the result has been a system of sexual assault tribunals that violates the rights of alleged assailants and assault survivors. Gerstmann shows how colleges are often punishing students as sex offenders without a fair hearing and are defining sexual offenses in an unconstitutionally broad manner. Using unbiased and accessible language, this book avoids easy answers and asks: how are colleges failing to assess accusations in a fair manner? Why are 'affirmative consent' laws unconstitutional? How can we do a better job preventing sexual assault? The author argues that colleges are too often making poor choices in terms of how they respond to allegations of sexual assault and, in doing so, they are depriving students of due process, while failing to protect victims of assault.
"Elizabeth Holtzman has always been the first and the bravest, the smartest and most trusted. She is the expert we need to deal with an accidental President who got there as a serial sexual harasser, a candidate who lost the popular vote, and an unsuccessful businessman who was born on third base and thinks he hit a home run. Now what? Ask Liz!"-Gloria Steinem Elizabeth Holtzman has been a principled leader and a persistent voice for equality and accountability since she became the youngest woman ever elected to Congress in 1973, which she remained for forty-two years. But she sees American democratic ideals, and the rule of law in the United States, eroding under President Trump. And as a member of the House Judiciary Committee that voted to impeach Nixon, and one of the members of the Homeland Security advisory council who resigned in protest of President Donald Trump's policy of separating families at the border, former Congresswoman Holtzman knows that of which she speaks: "President Donald Trump threatens our democracy. He lies, attacks our constitution, assaults the press, and obstructs justice. He causes unfathomable damage. The Constitution has a remedy for presidents who commit `great and dangerous offenses': impeachment. A fair, lawful, bipartisan impeachment inquiry into President Trump means getting to the bottom of things. It means analyzing with a clear head and heart what President Trump has done and what the law requires. Impeaching a president is a grave undertaking. The compassionate and diverse America I know demands we get ready to do it." The Case for Impeaching Trump establishes the requirements for impeachment as set out by the Constitution and proves that President Trump's actions have already met those requirements. Holtzman makes the definitive, constitutional case that Trump can be impeached-and the process should start now.
In 1783, as the Revolutionary War came to a close, Alexander Hamilton resigned in disgust from the Continental Congress after it refused to consider a fundamental reform of the Articles of Confederation. Just four years later, that same government collapsed, and Congress grudgingly agreed to support the 1787 Philadelphia Constitutional Convention, which altered the Articles beyond recognition. What occurred during this remarkably brief interval to cause the Confederation to lose public confidence and inspire Americans to replace it with a dramatically more flexible and powerful government? We Have Not a Government is the story of this contentious moment in American history. In George William Van Cleve's book, we encounter a sharply divided America. The Confederation faced massive war debts with virtually no authority to compel its members to pay them. It experienced punishing trade restrictions and strong resistance to American territorial expansion from powerful European governments. Bitter sectional divisions that deadlocked the Continental Congress arose from exploding western settlement. And a deep, long-lasting recession led to sharp controversies and social unrest across the country amid roiling debates over greatly increased taxes, debt relief, and paper money. Van Cleve shows how these remarkable stresses transformed the Confederation into a stalemate government and eventually led previously conflicting states, sections, and interest groups to advocate for a union powerful enough to govern a continental empire. Touching on the stories of a wide-ranging cast of characters--including John Adams, Patrick Henry, Daniel Shays, George Washington, and Thayendanegea--Van Cleve makes clear that it was the Confederation's failures that created a political crisis and led to the 1787 Constitution. Clearly argued and superbly written, We Have Not a Government is a must-read history of this crucial period in our nation's early life.
Democracy means rule by the people, but in practice even the most robust democracies delegate most rule making to a political class. The gap between the public and its public officials might seem unbridgeable in the modern world, but Legislature by Lot presents a close examination of an inspiring solution: a legislature chosen through "sortition"-the random selection of lay citizens. It's a concept that has come to the attention of democratic reformers across the globe. Proposals for such bodies are being debated in Australia, Belgium, Iceland, the United Kingdom, and many other countries. Sortition promises to reduce corruption and create a truly representative legislature in one fell swoop. In Legislature by Lot, John Gastil and Erik Olin Wright make the case for pairing a sortition body with an elected chamber within a bicameral legislature. Gastil is a leading deliberative democracy scholar, and Wright a distinguished sociologist and series editor of the Real Utopias books, of which this is a part. In this volume, they bring together critics and advocates of sortition who studied ancient Athens, deliberative polling, political theory, social movements, and civic innovation. The constellation of voices in this book lays out a wide variety of ideas for how to implement sortition, without obscuring its limitations, and examine its potential for reshaping modern politics. Legislature by Lot includes sixteen essays that respond to Gastil and Wright's detailed proposal. Essays comparing it to contemporary reforms see it as a dramatic extension of deliberative "minipublics," which gather random samples of citizens to weight public policy dilemmas without being empowered to enact legislation. Another set of essays explores the democratic principles underlying sortition and elections and considers, for example, how a sortition body holds itself accountable to a public that did not elect it. The third set of essays consider alternative paths to democratic reform, which limit the powers of a sortition chamber or more quickly establish a pure sortition body.
Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but is employed by academics, pundits and judges to maintain the mistaken faith that the Court decides cases under the law instead of the Justices' personal values. Tracing the development of the doctrine from the founding to present day, Eric J. Segall shows how originalism is used by judges as a pretext for reaching politically desirable results. The book also presents an accurate description and evaluation of the late Justice Scalia's jurisprudence and shows how he failed to practice the originalism method that he preached. This illuminating work will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith.
The constitutional entrenchment and protection of property rights has always been a difficult and controversial issue. With the introduction of a new, democratic Constitution in 1993, South African lawyers were forced to join the debate on constitutional property, particularly in a setting where restitution and land reform are important goals of the sociopolitical transformation process. Given the situation and the nature of the South African Bill of Rights, it was clear that a comparative study of constitutional property law was necessary. This book started out as a casebook, the idea being to collect the most important cases on constitutional property law from various jurisdictions, but because of the volume of important constitutional property cases from around the world, this idea was abandoned. The result is a book that consists of three parts. The first chapter contains general discussion of comparative, theoretical and analytical issues, and the author explains the way in which the book is structured.;The second part of the book consists of 18 chapters on jurisdictions where the property clause has generated substantial case law, and jurisdictions that merit extensive analysis and discussion. Each of these chapters gives a general introduction, an historical overview if necessary, an analysis of the relevant property clause and a discussion of the case law. The third part of the book consists of a collection of 86 property clauses from jurisdictions not included in earlier chapters, sometimes without discussion and in other instances with very brief discussion of either the property clause or the case law.
Speaking to today's flourishing conversations on both law, morality, and religion, and the religious foundations of law, politics, and society, Common Law and Natural Law in America is an ambitious four-hundred-year narrative and fresh re-assessment of the varied American interactions of 'common law', the stuff of courtrooms, and 'natural law', a law built on human reason, nature, and the mind or will of God. It offers a counter-narrative to the dominant story of common law and natural law by drawing widely from theological and philosophical accounts of natural law, as well as primary and secondary work in legal and intellectual history. With consequences for today's natural-law proponents and critics alike, it explores the thought of the Puritans, Revolutionary Americans, and seminal legal figures including William Blackstone, Joseph Story, Christopher Columbus Langdell, Oliver Wendell Holmes, and the legal realists.
Technology has fractured democracy, and now there’s no going back.
All around the world, the fringes have stormed the palace of the elites and unleashed data miners, dark ads and bots on an unwitting public. After years of soundbites about connecting people, the social media giants are only just beginning to admit to the scale of the problem.
We stand on the precipice of an era where switching your mobile platform will have more impact on your life than switching your government. Where freedom and privacy are seen as incompatible with social well-being and transparency. Where your attention is sold to the highest bidder.
Our laws don’t cover what is happening and our politicians don’t understand it. But if we don’t fight to change the system now, we may not get another chance.
Since the 1980s, a ritualized opposition in legal thought between a conservative 'originalism' and a liberal 'living constitutionalism' has obscured the aggressively contested tradition committed to, and mobilization of arguments for, constitutional restoration and redemption within the broader postwar American conservative movement. Conservatives and the Constitution is the first history of the political and intellectual trajectory of this foundational tradition and mobilization. By looking at the deep stories told either by identity groups or about what conservatives took to be flashpoint topics in the postwar period, Ken I. Kersch seeks to capture the developmental and integrative nature of postwar constitutional conservatism, challenging conservatives and liberals alike to more clearly see and understand both themselves and their presumed political and constitutional opposition. Conservatives and the Constitution makes a unique contribution to our understanding of modern American conservatism, and to the constitutional thought that has, in critical ways, informed and defined it.
Available Open Access under CC-BY-NC licence. Exploring how justice is delivered at a time of rapid technological transformation, Justice in the Digital State exposes urgent issues surrounding the modernization of courts and tribunals whilst re-examining the effects on technology on established systems. Joe Tomlinson's cutting-edge research offers an authoritative and much-needed guide for navigating through the challenges of digital disruption.
The impact of violence and conflict on refugee status determination and international protection is a key developing field. Given the contemporary dynamics of armed conflict, how to interpret and apply the refugee definitions at global and regional levels is increasingly relevant to governmental policy-makers, decision-makers, legal practitioners, academics and students. This book will provide a comprehensive analysis of the global and regional refugee instruments as they apply to claimants in flight from situations of armed violence and conflict, exploring their interrelationship and how they are interpreted and applied (or should be applied). As part of a broader United Nations High Commissioner for Refugees project to develop guidelines on the interpretation and application of international refugee law instruments to claimants fleeing armed conflict and other situations of violence, it includes contributions from leading scholars and practitioners in this field as well as emerging authors with specific expertise.
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