Commonwealth Caribbean Administrative Law comprehensively explores the nature and function of administrative law in contemporary Caribbean society. It considers the administrative machinery of Caribbean States; Parliament, the Executive and the Judiciary. It then examines the basis for judicial review of executive and administrative action in the Caribbean by looking at the statutory provisions that underpin this and the plethora of case law emerging from the region. The book will also look to how the courts in the Commonwealth Caribbean have sought to define principles of administrative law. This book will also consider the alternative methods by which the rights of citizens are protected, including the use of tribunals and inquiries, as well as looking forward to the increasingly significant role of Caribbean Community law and bodies such as CARICOM and the OECS.

The United States Constitution provides in Article II, Section 4 that the President and other civil officers of the federal government are subject to removal from office upon impeachment by the House of Representatives and conviction by the Senate of treason, bribery and "other high Crimes and Misdemeanors." However, no authoritative definition of "high crimes and misdemeanors" was provided by the Framers either in the Constitution itself or in the debates at the constitutional convention. As a consequence, the meaning of "high crimes and misdemeanors" has been a subject of controversy beginning with the first impeachment and trial of Judge John Pickering in 1804 and continuing through the impeachment of President William Jefferson Clinton. The study seeks to discern the meaning of "high crimes and misdemeanors" not only from the record of the constitutional convention and the state ratifying conventions, together with history of British parliamentary impeachments and the experience of the American colonies and states which informed the Framers' adoption of "high crimes and misdemeanors" as grounds for removal of the President, but also from the circumstances that resulted in the impeachments of Presidents Andrew Johnson, Richard M. Nixon and Clinton, as Congress labored to give substance to the "high crimes and misdemeanors" standard.

Though the courts have been extremely active in interpreting the rules of the electoral game, this role is misunderstood and understudied-as, in many cases, are the rules themselves. Law and Election Politics illustrates how election laws and electoral politics are intertwined, analyzing the rules of the game and some of the most important-and most controversial-decisions the courts have made on a variety of election-related subjects. More than a typical law book that summarizes cases, Mathew Streb has assembled an outstanding group of scholars to place electoral laws and the courts' rulings on those laws in the context of electoral politics. They comprehensively cover the range of topics important to election law-campaign finance, political parties, campaigning, redistricting, judicial elections, the Internet, voting machines, voter identification, ballot access, and direct democracy. This is an essential resource both for students of the electoral process and scholars of election law and election reform.

For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review. " Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law...unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven

Since the early 1900s, the manager form of municipal government has had enthusiastic support. Today, it is one of the most popular forms of municipal government and brought greater efficiency and accountability to municipal operations. However, as Coppa makes clear, this wave of reform has not fully impacted the counties. The commission form, widely criticized for its lack of accountability, remains the most popular form of county government. Coppa suggests greater accountability and efficiency can be achieved if the commission form is replaced with the Union plan and existing county administrators are given greater executive power. The manager plan in Union County can serve as a model for counties without an elected executive, much the same way the Lakewood plan in California symbolizes county and municipal cooperation.

Although Coppa provides a guide to efficient and accountable county government, the book goes beyond its subtitle. It treats neglected topics, such as the legal status of counties, forms of county government, row officers, autonomous bodies, and the central role played by counties in reapportionment litigation. Supreme Court cases involving counties and critical issues such as free speech, elections, tax immunity, and the commerce clause are analyzed. Major issues such as the battle over ratables, revenue limits, and declining population are explored as well. Coppa examines the most critical issues faced by counties today--such as mandated expenditures--and raises the possibility of a constitutional amendment to treat unfunded federal mandates. Coppa recommends creative programs as well as an agenda for achieving efficient and accountable county government. To this end, he examines charter revision and the noncharter route as approaches to achieving economical and responsible county government. This work is an important analysis for students, scholars, researchers, and policy makers involved with local and state government issues.

This is the first book to provide an in-depth study of the juvenile transfer process. Criminal justice's get tough policy has led to greater use of this process which, on the surface, transfers persistent juvenile offenders to criminal court jurisdiction in order to impose more serious penalties. The implications of this growing phenomenon are increasingly important for both the juvenile and criminal court systems. Champion and Mays' analysis includes descriptions of juvenile courts, types of offenders processed by these courts, and characteristic outcomes of transfers. Examining the transfer process in detail, they explore social and legal definitions of delinquency; goals and functions of transfers; legal rights of juveniles; and the implications of possible penalties, such as the death penalty. Questions such as whether transfers necessarily result in harsher punishment are discussed at length. Transferring Juveniles to Criminal Courts is designed for students majoring in criminal justice, public administration, political science, sociology, and psychology.

Examining the transfer process, Chapter One provides a thorough discussion of the social and legal definitions of delinquency. Chapter Two is an overview of juvenile options, juvenile punishments, public policy, and the theme of deterring juvenile offenders. A description of transfers in different jurisdictions, including their goals and functions, is provided in Chapter Three. Chapter Four then explores the various implications of these transfers. Public policy is examined as it relates to the prevalent get tough policy. Chapter Five describes the criminal court and some of the varied functions served by these courts. Finally, Chapter Six summarizes several important trends relating to juvenile transfers. It includes male/female juvenile comparisons, the issue of selective certification, implications of prison overcrowding, and the emergence of a unified court system. An up-to-date bibliography is provided for further research.

Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.

This book examines the extraordinary nature of the power of preventive detention, which permits executive dispensation of the personal liberty of an individual on the mere apprehension that, if free and unfettered, he may commit acts prejudicial to national security or public order. In light of the extraordinary scope of this power, it, therefore, contends that the scope of the power should be confined to genuine emergencies threatening the life of the nation. Against the above background, this book sheds light on the fact that Article 149 of the Federal Constitution of Malaysia empowers the Parliament to enact preventive detention laws authorizing the executive branch of government to preventively detain individuals without the precondition of an emergency. Furthermore, the Constitution does not stipulate adequate safeguards for mitigating the harshness of preventive detention laws. This book makes it manifestly evident that the weaknesses of the constitutional provisions concerning preventive detention have enabled succeeding generations of executives in Malaysia to not only enact a series of preventive detention statues for arrogating to themselves wide powers concerning preventive detention but also to rely on them for arbitrarily detaining their political adversaries. Consequently, on the basis of this analysis, this book puts forward concrete recommendations for insertion in the Constitution detailed norms providing for legal limits on the wide power of the executive concerning preventive detention. The insertion of such norms would ensure the maintenance of a delicate balance between protecting national interests and, simultaneously, observing respect for an individual's right to protection from arbitrary deprivation of liberty.This book is useful for academics and students of comparative constitutional law, human rights and Asian law. The extensive law reform analysis undertaken in this book also greatly benefits the policy makers in Malaysia and the policy makers of constitutional polities facing similar problems with the issue of circumscribing the scope of the powers concerning preventive detention.

Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a rational justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to discuss the rationality, correctness, and legitimacy of constitutional decisions within this context.Through a dialogue between Jacques Derrida 's deconstruction and J rgen Habermas 's proceduralism, the author confronts Robert Alexy 's defense of the balancing method as well as those two constitutional realities. This confrontation leads to the introduction of the concept of limited rationality applied to constitutional democracy and constitutional adjudication, which affirms the double bind of history and justice as a condition for a practice of decision-making committed to the principle of separation of powers.

In a radical break with its past, democratic South Africa established a system of devolution that was confirmed in the 1996 Constitution. In reaction to a system of highly centralised government that had seen the abuse of power, spatial inequality and underdevelopment, Kenya has also opted for devolution. This system was embodied in the 2010 Constitution and implemented with the establishment of 47 counties after the general elections in March 2013. Devolution lies at the heart of Kenya's new constitutional dispensation and provides a means of addressing past injustices. The Kenyan Constitution largely copied the structure, approach and principles of provincial and local government from South Africa. Since the Kenyan system is still in the process of being fully implemented, Kenyan-South African dialogue on devolution compares the two systems with reference to their legal provisions. Comparing how the two systems have functioned is more difficult. However, the principal value of this comparison at this stage lies in the lessons that Kenya can learn from South Africa's 21 years of experience of devolution as Kenya proceeds with establishing its system: What routes to follow and what pitfalls to avoid. Kenyan-South African dialogue on devolution includes South African and Kenyan chapters on the reasons for devolution; the levels, number, size and character of devolution units; the demarcation of devolution units; political structures; powers and functions; finances; metropolitan governance; intergovernmental relations; marginalised groups; and transitional arrangements. This book is the first to discuss and compare the Kenyan and South African systems at length, and will be of value to other African countries that have embarked on devolution or decentralisation with the aim of curbing the centralised abuse of power and promoting political stability and development.

Over the years of the developing judicial review of ministerial and governmental decisions, Louis Blom-Cooper was a leading advocate who grew up with the advent of a distinctive brand of public law. His range of public activities, both in and outwith the courtroom, saw him dubbed by his colleagues as a polymath practitioner.It included chairmanship of plural public inquiries in child abuse and mental health, media contributions in the broadsheet press and in broadcasting, and innovation in penal reform, as an ardent campaigner for the abolition of capital punishment and a plea for a modern Homicide Act. He styled himself as a modern, reconstructed liberal - a man before his time. This collection of essays is uniquely prefaced by a self-examination of his unorthodox philosophy towards the law in action. It covers a variety of socio-legal topics that expresses his ambition to inform a poorly-educated public on the workings of the legal system. This aim involves a discussion of the constitutional history of Britain, unwritten and insufficiently interpreted; it reflects a commitment to the European Convention on Human Rights and portrays its international origins. The collection opines on crime and punishment; in the functioning of the courts and elsewhere the political shift from the penal optimism of the 1970s to the reactionary punitiveness of the post-1990s. The essays conclude with a miscellany of affairs, reflecting on professional practices and their product of judicial heroes in Lord Reid and Lord Bingham.

Based on legal-philosophical research, and informed by insights gleaned from empirical case studies, this book sets out three central claims about integration requirements as conditions for attaining increased rights (ie family migration, permanent residency and citizenship) in Europe: (1) That the recent proliferation of these (mandatory) integration requirements is rooted in a shift towards 'individualised' conceptions of integration. (2) That this shift is counterproductive as it creates barriers to participation and inclusion for newcomers (who will most likely permanently settle); and is normatively problematic insofar as it produces status hierarchies between native-born and immigrant citizens. (3) That the remedy for this situation is a firewall that disconnects integration policy from access to rights. The book draws on perspectives on immigrant integration in multiple EU Member States and includes legal and political reactions to the refugee/migrant crisis.

Privacy-invading technologies (PITs) such as Body scanners; Public space CCTV microphones; Public space CCTV loudspeakers and Human-implantable microchips (RFID implants/GPS implants) are dealt with in this book. The book shows how and why laws that regulate the design and development of privacy-invading technologies (PITs) may more effectively ensure the protection of privacy than laws that only regulate data controllers and the use of such technologies. The premise is supported and demonstrated through a discussion on these four specific PITs as case studies. In doing so, the book overall attempts to explain how laws/regulations that mandate the implementation of Privacy by Design (PBD) could potentially serve as a viable approach for collectively safeguarding privacy, liberty and security in the 21st Century. This book will be of interest to academic researchers, law practitioners, policy makers and technology researchers.

A leading expert on the administrative state describes the past, present, and future of the immensely consequential-and equally controversial-legal doctrine that has come to define how Congress's laws are applied by the executive branch. The Constitution makes Congress the principal federal lawmaker. But for a variety of reasons, including partisan gridlock, Congress increasingly fails to keep up with the challenges facing our society. Power has inevitably shifted to the executive branch agencies that interpret laws already on the books and to the courts that review the agencies' interpretations. Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Critics of the administrative state also charge that Chevron deference enables unaccountable bureaucratic power. Thomas Merrill reviews the history and immense consequences of the Chevron doctrine and suggests a way forward. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state. Instead, he focuses on what should be the proper relationship between agencies and courts in interpreting laws, given the strengths and weaknesses of these institutions. Courts are better at enforcing the rule of law and constitutional values; agencies have more policy expertise and receive more public input. And, unlike courts, agencies are subject to at least some political discipline. The best solution, Merrill suggests, is not of the either-or variety. Neither executive agencies nor courts alone should pick up the slack of our increasingly ineffectual legislature.

Taking a unique and critical approach to the study of Public Law, this book explores the main topics in UK Public Law from a range of underexplored perspectives and amplifies the voices of scholars who are underrepresented in the field. As such, it represents a much-needed complement to traditional textbooks in Public Law. Including insights from a diverse list of contributors, the book: * Enriches students' understanding of the dynamics that emerge within public law; * Highlights the impact of historical and societal inequities on public law norms; * Demonstrates the ways in which those norms may impact minorities and perpetuate inequalities. With most chapters written by underrepresented or minoritised persons in the field, this text offers students a critical, rich, and insightful approach to public law.

This textbook comprehensively examines and analyses the interpretation and application of the United Kingdom's Human Rights Act 1998. The third edition has been fully updated to include the last seven years of case law. Part I covers key procedural issues including: the background to the Act; the relationship between UK courts and the European Court of Human Rights; the definition of victim and public authority; determining incompatibility including deference and proportionality; the impact of the Act on primary legislation; and damages and other remedies for the violation of Convention rights. In Part II of the book, the Convention rights, as interpreted and applied by United Kingdom courts, are examined in detail. All of the key Convention rights are discussed including: the right to life; freedom from torture and inhuman or degrading treatment or punishment; the right to liberty; fair trial; the rights to private life, family life and home; freedom of religion and belief; freedom of expression; the right to peaceful enjoyment of possessions; and the right to freedom from discrimination in the enjoyment of Convention rights. The third edition of Human Rights Law will be invaluable for those teaching, studying and practising in the areas of United Kingdom human rights law, constitutional law and administrative law.

Focuses on the essentials that public managers should know about administrative law-why we have administrative law, the constitutional structure for and constraints on public administration, and administrative law's formats for rulemaking, adjudication, enforcement, transparency, and judicial and legislative review or administrative activity. Views administrative law from the perspectives of administrative practice, rather than lawyering, with an emphasis on how various administrative law provisions promote their underlying goals of improving the fit between public administration and U.S. democratic-constitutionalism. Organized around federal administrative law while including references to state practices where appropriate, the book explains the essentials of administrative law clearly, concisely, and accurately, in non-technical terms, and in sufficient depth to provide readers with a sophisticated, lasting understanding of the subject matter. Includes new cases and examples throughout the text, updated suggestions for additional reading, refreshed chapter discussion questions, and expanded treatment of guidance documents, administrative "dark matter," and the Congressional Review Act

Focuses on the essentials that public managers should know about administrative law-why we have administrative law, the constitutional structure for and constraints on public administration, and administrative law's formats for rulemaking, adjudication, enforcement, transparency, and judicial and legislative review or administrative activity. Views administrative law from the perspectives of administrative practice, rather than lawyering, with an emphasis on how various administrative law provisions promote their underlying goals of improving the fit between public administration and U.S. democratic-constitutionalism. Organized around federal administrative law while including references to state practices where appropriate, the book explains the essentials of administrative law clearly, concisely, and accurately, in non-technical terms, and in sufficient depth to provide readers with a sophisticated, lasting understanding of the subject matter. Includes new cases and examples throughout the text, updated suggestions for additional reading, refreshed chapter discussion questions, and expanded treatment of guidance documents, administrative "dark matter," and the Congressional Review Act

An overarching question of contemporary constitutionalism is whether equilibriums devised prior to the emergence of the modern administrative-industrial state can be preserved or recreated by means of fundamental law. The book approaches this problem indirectly, through the conceptual lens offered by constitutional developments relating to the adoption of normative limitations on the delegation of law-making authority. Three analytical strands (constitutional theory, constitutional history, and contemporary constitutional and administrative law) run through the argument. They merge into a broader account of the conceptual ramifications, the phenomenon, and the constitutional treatment of delegation in a number of paradigmatic legal systems. As it is argued, the development and failure of constitutional rules imposing limits on legislative delegation reveal the conditions for the possibility of classical limited government and, conversely, the erosion of normativity in contemporary constitutionalism.

The Children's Court is one of society's most important social institutions. At the same time, it is steeped in controversy. This is in large measure due to the persistence and complexity of the problems with which it deals, namely, juvenile crime and child abuse and neglect. Despite the importance of the Children's Court as a means of holding young people accountable for their anti-social behaviour and parents for the care of their children, it has not been the subject of close study. Certainly it has not been previously studied nationally. This book, an edited collection, is based on the findings of study that spanned the six States and two Territories of Australia. The study sought to examine the current challenges faced by the Children's Court and to identify desirable and feasible directions for reform in each State and Territory. A further unique feature of this study is that it canvassed the views of judges and magistrates who preside over this court.

This thought-provoking book critically analyses how the implementation of the EU-Turkey Statement on Refugees affects the rights of refugees and asylum seekers. Bringing together an in-depth examination of both EU and Turkish law and fieldwork data within a theoretical human rights framework, Hulya Kaya discusses the operational realities and failures of the agreement between Turkey and the EU from a socio-legal perspective. This timely book provides important evidence that refugee protection in the region of origin is not an effective solution to the refugee protection crisis, and casts doubt on the capacity of the agreement to contribute to fair burden sharing between states. Kaya illuminates the practical and legal difficulties that refugees experience, and draws upon the political theory of Hannah Arendt to argue that the situation constitutes a further form of violence against refugees by hindering their ability to claim and exercise their fundamental human rights. Scholars and doctoral students specialising in refugee law and migration studies, as well as human rights lawyers, will find this book to be crucial reading. It will also be of interest to human rights advocates and those working in international organisations and NGOs in this area, alongside policy makers in the EU and Turkey.

This book offers a comprehensive systematic analysis of the European Union 's Early Warning System (EWS) for subsidiarity, which was introduced by the Treaty of Lisbon. The book includes both a detailed theoretical analysis of the EWS as well as an assessment of how national parliaments have responded to EU legislative proposals under the system. Philipp Kiiver explores whether the EWS could function as a mechanism of legal accountability offering a partial remedy to the European Union 's much-discussed accountability deficit. The Early Warning System for the Principle of Subsidiarity provides an overview of the historical developments of national parliamentary involvement in the EU and also considers the broader implications of the EWS, including its relationship to democracy and legitimacy.

The book will be of particular interest to academics and students of EU Law, Constitutional Law and Political Science.

This book offers a comprehensive argument for why pre-existing international law on cluster munitions was inadequate to deal with the full scope of humanitarian consequences associated with their use. The book undertakes an interdisciplinary legal analysis of restraints and prohibitions on the use of cluster munitions under international humanitarian law, human rights law, and international criminal law, as well as in relation to the recently adopted Convention on Cluster Munitions (CCM). The book goes on to offer an in-depth substantive and procedural analysis of the negotiations which led to the 2008 CCM, in part based on the author's experiences as an adviser to Cluster Munitions Coalition-Austria.

Cluster Munitions and International Law is essential reading for practitioners and scholars of International Law, including International Humanitarian, Human Rights, International Criminal or Disarmament Law and anyone interested in legal and humanitarian perspectives on cluster munitions legislation and policy. It is unique in bringing a practitioner's perspective to a scholarly work.