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Ronan McCrea offers the first comprehensive account of the role of religion within the public order of the European Union. He examines the facilitation and protection of individual and institutional religious freedom in EU law and the means through which the Union facilitates religious input and influence over law. Identifying the limitations on religious influence over law and politics that have been required by the Union, it demonstrates how such limitations have been identified as fundamental elements of the public order and prerequisites EU membership. The Union seeks to balance its predominantly Christian religious heritage with an equally strong secular and humanist by facilitating religion as a form of cultural identity while simultaneously limiting its political influence. Such balancing takes place in the context of the Union's limited legitimacy and its commitment to respect for Member State cultural autonomy. Deference towards the cultural role of religion at Member State level enables culturally-entrenched religions to exercise a greater degree of influence within the Union's public order than "outsider" faiths that lack a comparable cultural role. Placing the Union's approach to religion in the context of broader historical and sociological trends around religion in Europe and of contemporary debates around secularism, equal treatment, and the role of Islam in Europe, McCrea sheds light on the interaction between religion and EU law in the face of a shifting religious demographic.
In November 1978, a group of Haitians sailed their small wooden vessel into the harbor of the US Naval Station at Guantanamo Bay. After replenishing their stores of food and water, they departed with the blessing of the base commander and continued toward the Florida Coast in search of asylum. Far from unusual, this voyage was one of many that unfolded across an open Caribbean seascape in which Guantanamo served as a waypoint in a larger odyssey of oceanic migration. By the early 1990s, these unimpeded sea routes gave way to a virtually impenetrable wall of Coast Guard cutters while Guantanamo itself transformed into the largest US-operated migrant detention center in the world. Islands of Sovereignty is the first book to examine the history of this new maritime border and how it emerged from decades of litigation struggles over the treatment of Haitian asylum seekers in the United States. Jeffrey S. Kahn explores how a series of skirmishes in the South Florida offices of the US immigration bureaucracy became something much more-a fight for the soul of immigration policing in the United States that would eventually remake the asylum adjudication landscape on a global scale. Combining fieldwork with a wide array of historical sources, Kahn seamlessly weaves together anthropology and law in an ambitious account of liberal empire's geographies of securitization. A novel historical ethnography of the modern legal imagination, Islands of Sovereignty offers new ways of thinking through border control in the United States and elsewhere and the political forms it continues to generate into the present.
This book undertakes a specialised analysis of a topic that is highly significant both theoretically and practically. At the theoretical level, it discusses questions that have remained insufficiently answered in the fields of international human rights and institutional law. Notably, it clarifies how international human rights law conditions member states' governance role within international financial institutions and how this role is to be accommodated in the regime of international responsibility. Furthermore, the book's thorough discussion of member states' human rights due diligence duties offers a practical contribution to the understanding of what tools may be used by states to secure their human rights obligations when participating in international financial institutions. Its practical significance also relates to the examination of the various elements that must be demonstrated by an individual wishing to invoke member State responsibility for alleged human rights violations in the context of international financial institution operations.
The question of how Donald Trump won the 2016 election looms over his presidency. In particular, were the 78,000 voters who gave him an Electoral College victory affected by the Russian trolls and hackers? Trump has denied it. So too has Vladimir Putin. Others cast the answer as unknowable. Drawing on path-breaking work in which she and her colleagues isolated significant communication effects in the 2000 and 2008 presidential campaigns, the eminent political communication scholar Kathleen Hall Jamieson marshals the troll posts, unique polling data, analyses of how the press used the hacked content, and a synthesis of half a century of media effects research to argue that, although not certain, it is probable that the Russians helped elect the 45th president of the United States. In the process, Cyberwar tackles questions that include: How extensive was the troll messaging? What characteristics of the social media platforms did the Russians exploit? Why did the mainstream press rush the hacked content into the citizenrys newsfeeds? Was Clinton telling the truth when she alleged that the debate moderators distorted what she said in the leaked speeches? Did the Russian influence extend beyond social media and news to alter the behavior of FBI director James Comey? After detailing the ways in which the Russian efforts were abetted by the press, social media platforms, the candidates, party leaders, and a polarized public, Cyberwar closes with a warning: the country is ill-prepared to prevent a sequel.
Longlisted for the PEN/John Kenneth Galbraith Award for Nonfiction
Longlisted for the National Book Award in Nonfiction
10 Best Books of the Year--Washington Post
Best Books of the Year--Boston Globe
BookRiot's Best Books of the Year
New York Public Library's Best Books of the Year for Nonfiction
NPR's “Best Books of the Year"
Bustle's "25 Best Nonfiction Books of the Year"
From the award-winning, New York Times bestselling author of White Rage, the startling--and timely--history of voter suppression in America, with a foreword by Senator Dick Durbin.
In her New York Times bestseller White Rage, Carol Anderson laid bare an insidious history of policies that have systematically impeded black progress in America, from 1865 to our combustible present. With One Person, No Vote, she chronicles a related history: the rollbacks to African American participation in the vote since the 2013 Supreme Court decision that eviscerated the Voting Rights Act of 1965. Known as the Shelby ruling, this decision effectively allowed districts with a demonstrated history of racial discrimination to change voting requirements without approval from the Department of Justice.
Focusing on the aftermath of Shelby, Anderson follows the astonishing story of government-dictated racial discrimination unfolding before our very eyes as more and more states adopt voter suppression laws. In gripping, enlightening detail she explains how voter suppression works, from photo ID requirements to gerrymandering to poll closures. And with vivid characters, she explores the resistance: the organizing, activism, and court battles to restore the basic right to vote to all Americans.
In the last half century, the rule of law has increasingly been appealed to as a common global value. The Handbook on the Rule of Law analyses the appeal of this idea, its context and background through a range of questions about the character, history and global reach of the rule of law, offering readers a definitive understanding of this central global norm. Original contributions from leading academics explore the rule of law conceptually and historically through its associated institutions, as well as examining detailed cases evaluating how the everyday application of the rule of law impacts society as a whole. Exploring a wide range of research on the social, political and economic dimensions of the rule of law, this Handbook clearly illustrates the link between the rule of law and the global political system. This informative Handbook will be key reading for postgraduate students of international relations, global politics and law, as well as for legal scholars wanting to build upon their knowledge with a wider account of the rule of law. Researchers in areas impacted by the rule of law will also find this volume to be stimulating reading.
An academic, legal text that places moral and political philosophy at the centre of certain legal debates. In this book, Professor Meyerson specifically investigates the "Limitation Clause" in the South African Constitution, a clause that leaves open the possibility of limits to the Bill of Rights and certain entrenched "freedoms". Through discussions regarding the Freedoms of Expression and Religion, this book aims to play a role in defining, expanding and challenging the South African Constitution.
From Syrian asylum seekers to super-rich foreign investors, immigration is one of the most controversial issues facing Britain today. Politicians kick the subject from one election to the next with energetic but ineffectual promises to 'crack down', while newspaper editors plaster it across front pages.But few know the truth behind the headlines; indeed, the almost daily changes to our complex immigration laws pile up so quickly that even the officials in charge struggle to keep up.In this clear, concise guide, Thom Brooks, one of the UK's leading experts on British citizenship - and a newly initiated British citizen himself - deftly navigates the perennially thorny path, exploding myths and exposing absurdities along the way. Ranging from how to test for 'Britishness' to how to tackle EU 'free movement', Becoming British explores how UK immigration really works - and sparks a long-overdue debate about how it should work.Combining expert analysis with a blistering critique of the failings of successive governments, this is the definitive guide to one of the most hotly disputed issues in the UK today.Wherever you stand on the immigration debate, Brooks's wryly observed account is the essential road map.
Our politics is broken, but it can be fixed. A real democracy is not only possible - it is an urgent necessity. Provocative, succinct and inspiring, The End of Politicians combines insights from the history of democracy with a critical understanding of the information revolution to explain how we can fix democracy by eliminating politicians and replacing them with a representative network of everyday citizens. A wealth of recent evidence has shown that groups of randomly selected, ordinary people can and do make balanced, informed and trusted decisions. These citizens' assemblies are legitimate, accountable, competent and, above all, convincing demonstrations that we can govern ourselves. The future of democracy has arrived. It is time for the end of politicians.
The use of referendums around the world has grown remarkably in the past thirty years and, in particular, referendums are today deployed more than ever in the settlement of constitutional questions, even in countries with little or no tradition of direct democracy. This is the first book by a constitutional theorist to address the implications of this development for constitutional democracy in a globalizing age, when many of the older certainties surrounding sovereignty and constitutional authority are coming under scrutiny. The book identifies four substantive constitutional processes where the referendum is regularly used today: the founding of new states; the creation or amendment of constitutions; the establishment of complex new models of sub-state autonomy, particularly in multinational states; and the transfer of sovereign powers from European states to the European Union. The book, as a study in constitutional theory, addresses the challenges this phenomenon poses not only for particular constitutional orders, which are typically structured around a representative model of democracy, but for constitutional theory more broadly. The main theoretical focus of the book is the relationship between the referendum and democracy. It addresses the standard criticisms which the referendum is subjected to by democratic theorists and deploys both civic republican theory and the recent turn in deliberative democracy to ask whether by good process-design the constitutional referendum is capable of facilitating the engagement of citizens in deliberative acts of constitution-making. With the referendum firmly established as a fixture of contemporary constitutionalism, the book addresses the key question for constitutional theorists and practitioners of how might its operation be made more democratic in age of constitutional transformation.
Excessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.
Justice Antonin Scalia (1936-2016) was the single most important figure in the emergence of the "new originalist" interpretation of the US Constitution, which sought to anchor the court's interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia's legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
The European Union is a legal system unlike any other in history. It is also facing unprecedented challenges, controversies and uncertainty as the UK seeks to implement Brexit. At its heart, Law of the European Union aims to shed light on this unique forum by providing a clear and accessible overview of the constitutional arrangements of the Union, and the law and jurisprudence which underpins the substantive areas of core EU Law. Building on previous editions of the book by John Fairhurst, this 12th edition has been extensively reworked by a new author team to ensure it continues to meet the requirements of contemporary EU Law modules by: Streamlining its coverage to focus only on the constitutional law of the EU and the core substantive areas of free movement of people, workers and goods to reflect the typical LLB syllabus. Expanding coverage of direct effect, fundamental rights and the division of competences to provide more detailed information on these topics. Increasing the level of debate and analysis providing more nuanced coverage of the subject enabling the student reader to reflect on broad, underlying issues or controversies. Incorporating a range of new or improved features and diagrams to support learning including case boxes which explicitly highlight the facts, ruling and significance of each case discussed and reflection boxes which draw attention to key issues, discussion points and future possibilities. Weaving coverage of Brexit throughout.
This book provides a complement to Dicey's The Law of the Constitution. These largely unpublished comparative constitutional lectures were written for different versions of a comparative constitutional book that Dicey began but did not finish prior to his death in 1922. The lectures were a pioneering venture into comparative constitutionalism and reveal an approach to legal education broader than Dicey is widely understood to have taken. Topics discussed include English, French, American, and Prussian constitutionalism; the separation of powers; representative government; and federalism. The volume begins with an editorial introduction examining the implications of these comparative lectures and Dicey's early foray into comparative constitutionalism for his general constitutional thought, and the kinds of response it has elicited.
Drawing together key documents, case law, reports and other essential materials, International Humanitarian Law offers students, lecturers and practitioners an accessible and critically informed account of the theory, law and practice of international humanitarian law. Providing comprehensive, thematic and targeted coverage of national and international cases and materials, this book successfully balances doctrine with practical application to help readers understand how the theories are applied in practice and navigate through jurisprudence with ease. Employing a critical and targeted commentary throughout, this book also helps readers to better understand the implications of the law and the challenges facing international humanitarian law today including: cyber war, detention, direct participation in hostilities, human rights in armed conflict and terrorism. Suitable for advanced undergraduate and postgraduate students and practitioners, International Humanitarian Law offers a thematic and comprehensive treatment of the subject.
The Mental Capacity Act (2005) regulates decision making processes on behalf of adults who are unable to give informed consent, due to a loss in mental capacity (be that from birth, or due to an illness or injury at some point in their lives). Since the Act s original conception the new Court of Protection is now firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment for Deprivation of Liberty Safeguards. Thoroughly updated to take account of the many updates, developments and changes in legislation and guidance, the new edition of Dimond s authoritative guide will be warmly welcome by practitioners and students who need to understand and work within the Mental Capacity Act, and how it applies to their professional responsibilities. * A highly practical guide to the Mental Capacity Act and its provisions since its conception in 2005 * Relevant for a wide range of practitioners and students within health and social care * Highly readable and easily accessible, even for those with no legal background * Includes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice. Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, students patient services managers and carers working with those who lack the capacity to make their own decisions.
It is no longer controversial that the American political system has become deeply dysfunctional. Today, only slightly more than a quarter of Americans believe the country is heading in the right direction, while sixty-three percent believe we are on a downward slope. The top twenty words used to describe the past year include "chaotic," "turbulent," and "disastrous." Donald Trump's improbable rise to power and his 2016 Electoral College victory placed America's political dysfunction in an especially troubling light, but given the extreme polarization of contemporary politics, the outlook would have been grim even if Hillary Clinton had won. The greatest upset in American presidential history is only a symptom of deeper problems of political culture and constitutional design. Democracy and Dysfunction brings together two of the leading constitutional law scholars of our time, Sanford Levinson and Jack M. Balkin, in an urgently needed conversation that seeks to uncover the underlying causes of our current crisis and their meaning for American democracy. In a series of letters exchanged over a period of two years, Levinson and Balkin travel--along with the rest of the country--through the convulsions of the 2016 election and Trump's first year in office. They disagree about the scope of the crisis and the remedy required. Levinson believes that our Constitution is fundamentally defective and argues for a new constitutional convention, while Balkin, who believes we are suffering from constitutional rot, argues that there are less radical solutions. As it becomes dangerously clear that Americans--and the world--will be living with the consequences of this pivotal period for many years to come, it is imperative that we understand how we got here--and how we might forestall the next demagogue who will seek to beguile the American public.
For Kennedy devotees, as well as readers unfamiliar with the "lion of the Senate," this book presents the compelling story of Edward Kennedy's unexpected rise to become one of the most consequential legislators in American history and a passionate defender of progressive values, achieving legislative compromises across the partisan divide. What distinguishes Edward Kennedy: An Oral History is the nuanced detail that emerges from the senator's never-before-published, complete descriptions of his life and work, placed alongside the observations of his friends, family, and associates. The senator's twenty released interviews reveal, in his own voice, the stories of Kennedy triumph and tragedy-from the Oval Office to the waters of Chappaquiddick. Spanning the presidencies of JFK to Barack Obama, Edward Kennedy was an iconic player in American political life, the youngest sibling of America's most powerful dynasty; he candidly addresses this role: his legislative accomplishments and failures, his unsuccessful run for the White House, his impact on the Supreme Court, his observations on Washington gridlock, and his personal faults. The interviews and introductions to them create an unsurpassed and illuminating volume. Gathered as part of the massive Edward Kennedy Oral History Project, conducted by the University of Virginia's Miller Center, the senator's interviews allow readers to see how oral history can evolve over a three-year period, drawing out additional details as the interviewee becomes increasingly comfortable with the process and the interviewer. Yet, given the Kennedys' well-known penchant for image creation, what the senator doesn't say or how he says what he chooses to include, is often more revealing than a simple declarative statement.
Austerity and Law in Europe presents an interdisciplinary collection of essays that challenge traditional narratives of austerity. The contributions recast austerity as a historically contingent political rationality that operates through law and technocracy. * A collection of essays that tackles the relationship between austerity and law within and outside the European Union * Draws on a set of interdisciplinary contributions, incorporating insights from European law, economic history, legal theory, and economics * Reveals how austerity measures in Europe were not implemented as an outcome of legal or economic necessity, but were a political choice * Presents austerity as a historically contingent political rationality which gained a legal endorsement in the EU law and policy without foreclosing the possibilities for contestation either through law or politics
Public Law: Text, Cases, and Materials offers a fresh approach to the study of constitutional and administrative law. Three of the subject's foremost scholars provide you with clear and insightful commentary on the key institutions, legal principles and conventions, and blend this with a carefully selected and diverse range of materials and case studies. You'll acquire both a thorough knowledge of public law and practice, and an understanding of the theoretical and political debates in this fascinating and dynamic field of law. Online Resource Centre This book is accompanied by an Online Resource Centre providing detailed updates to the law following publication, web links to useful sites, and, for lecturers, a test bank of multiple choice questions with answers and feedback.
The Immigration Act of 1965 was one of the most consequential laws ever passed in the United States and immigration policy continues to be one of the most contentious areas of American politics. As a "nation of immigrants," the United States has a long and complex history of immigration programs and controls which are deeply connected to the shape of American society today. This volume makes sense of the political history and the social impacts of immigration law, showing how legislation has reflected both domestic concerns and wider foreign policy. John S. W. Park examines how immigration law reforms have inspired radically different responses across all levels of government, from cooperation to outright disobedience, and how they continue to fracture broader political debates. He concludes with an overview of how significant, on-going challenges in our interconnected world, including "failed states" and climate change, will shape American migrations for many decades to come.
The Second Amendment is among the most recognized provisions of the Constitution. It is also perhaps the most misunderstood. Common misconceptions about the amendment - what it forbids, what it permits, how it functions as law - distort the gun debate and America's constitutional culture. In The Positive Second Amendment, Blocher and Miller provide the first comprehensive post-Heller account of the history, theory, and law of the right to keep and bear arms. Their aim is not to pick sides in the gun debate, but rather to show how a positive account of the 'constitutional' Second Amendment differs from its political cousin. Understanding the right to keep and bear arms as constitutional law will challenge many deeply held beliefs. But it may also provide a better way to negotiate the seemingly intractable issues that afflict America's debate over gun rights and regulation.
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