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

EU Citizens' Economic Rights in Action - Re-Thinking Legal and Factual Barriers in the Internal Market (Hardcover): Sybe... EU Citizens' Economic Rights in Action - Re-Thinking Legal and Factual Barriers in the Internal Market (Hardcover)
Sybe de Vries, Elena Ioriatti, Paolo Guarda, Elisabetta Pulice
R3,546 Discovery Miles 35 460 Ships in 12 - 17 working days

Ever since its inception, one of the essential tasks of the EU has been to establish the internal market. Despite the impressive body of case law and legislation regarding the internal market, legal and factual barriers still exist for citizens seeking to exercise their full rights under EU law. This book analyses these barriers and proposes ways in which they may be overcome. Next to analysing the key barriers to exercising economic rights more generally, this book focuses on three areas which represent the applications of the four basic freedoms: consumer rights, the rights of professionals in gaining access to the market, and intellectual property rights in the Digital Single Market. With chapters from leading researchers, the main pathways towards the reduction and removal of these barriers are considered. Taking into account important factors including the global financial crisis, as well as practical barriers, such as multilingualism, the solutions provided in this book present a pathway to enhance cross-border realization of European citizens? access to their economic rights, as well as increasing in the cultural richness of the EU. EU Citizens? Economic Rights in Action is an important book, which will be an essential resource for students of EU citizenship and economics, as well as for EU policymakers and practitioners interested in the field.

Information Sovereignty - Data Privacy, Sovereign Powers and the Rule of Law (Hardcover): Radim Polcak, Dan J B Svantesson Information Sovereignty - Data Privacy, Sovereign Powers and the Rule of Law (Hardcover)
Radim Polcak, Dan J B Svantesson
R3,207 Discovery Miles 32 070 Ships in 12 - 17 working days

Data not only represent an integral part of the identity of a person, they also represent, together with other essentials, an integral part of the identity of a state. Keeping control over such data is equally important for both an individual and for a state to retain their sovereign existence. This thought-provoking book elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law. Information Sovereignty combines a philosophical and methodological analysis of the phenomena of information, sovereignty and privacy. Providing insights into previously unexplored parallels between information privacy and information sovereignty, it examines cross-border discovery, cybersecurity and cyber-defence operations, and legal regimes for cross-border data transfers, encompassing practical discussions from a fresh perspective. In addition, it offers an accessible overview of complex theoretical matters in the domain of Internet legal theory and international law and, crucially, a method to resolve situations where informational domains of individuals and/or states collide. This pioneering state-of the-art assessment of information law and legal theory is a vital resource for students, academics, policy-makers and practitioners alike, seeking a guide to the phenomena of information, sovereignty and privacy.

Research Handbook on Climate Change, Migration and the Law (Hardcover): Benoit Mayer, Fran cois Cr epeau Research Handbook on Climate Change, Migration and the Law (Hardcover)
Benoit Mayer, Fran cois Cr epeau
R5,721 Discovery Miles 57 210 Ships in 12 - 17 working days

Concerns have arisen in recent decades about the impact of climate change on human mobility. Many people affected by climate change are forced or otherwise decide to migrate within or across international borders. Despite its clear importance, many questions remain open regarding the nature of the climate-migration nexus and its implications for laws and institutions. In the face of such uncertainty, this Research Handbook offers a comprehensive picture of laws and institutions relevant to climate migration and the multiple, often contradictory perspectives on the topic. Carefully edited chapters by leading scholars in the field provide a cross section of the various debates on what laws do, can do and should do in relation to the impacts of climate change on migration. A first part analyses the relations between climate change and migration. A second part explores how existing laws and institutions address the climate-migration nexus. In the final part, the chapters discuss possible ways forward. This timely Research Handbook provides much-needed insight into this complex issue for graduate and post-graduate students in climate change or migration law. It will also appeal to students and scholars in political science, international relations, environmental studies and migration studies, as well as policymakers and advocates. Contributors include: G. Appave, F. Biermann, I. Boas, M. Burkett, M. Byrne, C. Cournil, F. Crepeau, F. De Salles Cavedon-Capdeville, C. Farbotko, E. Ferris, F. Gemenne, K. Hansen, J. Hathaway, C. Hong, D. Ionesco, A.O. Jegede, S. Jodoin, S. Kagan, M. Leighton, S. Martin, B. Mayer, S. Mcinerney-Lankford, R. Mcleman, I. Millar, D. Mokhnacheva, C.T.M. Nicholson, E. Pires Ramos, A. Randall, A. Sironi, M. Traore Chazalnoel, C. Vlassopoulos, K. Wilson, K.M. Wyman

Contesting Human Rights - Norms, Institutions and Practice (Hardcover): Alison Brysk, Michael Stohl Contesting Human Rights - Norms, Institutions and Practice (Hardcover)
Alison Brysk, Michael Stohl
R3,204 Discovery Miles 32 040 Ships in 12 - 17 working days

Human rights are at a crossroads. This book considers how these rights can be reconstructed in challenging times, with changes in the pathways to the realization of human rights and new developments in human rights law and policy, illustrated with case studies from Africa, Europe, and the Americas. Contesting Human Rights traces the balance between the dynamics of diffusion, resistance and innovation in the field. The book examines a range of issues from the effectiveness of norm-promotion by advocacy campaigns to the backlash facing human rights advocates. The expert contributors suggest that new opportunities at and below the state level, and creative contests of global governance, can help reconstruct human rights in the face of modern challenges. Critical case studies trace new pathways emerging in the United Nations' Universal Periodic Review, regional human rights courts, constitutional incorporation of international norms, and human rights cities. With its innovative approach to human rights and comprehensive coverage of global, national and regional trends, Contesting Human Rights will be an invaluable tool for scholars and students of human rights, global governance, law and politics. It will also be useful for human rights advocates with a keen interest in the evolution of the human rights landscape. Contributors include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P. Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S. Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. Stohl

Citizenship in Segmented Societies - Lessons for the EU (Hardcover): Francis Cheneval, Monica Ferrin Citizenship in Segmented Societies - Lessons for the EU (Hardcover)
Francis Cheneval, Monica Ferrin
R3,021 Discovery Miles 30 210 Ships in 12 - 17 working days

European Union citizenship is increasingly relevant in the context of both the refugee crisis and Brexit, yet the issue of citizenship is neither new nor unique to the EU. Using historical, political and sociological perspectives, the authors explore varied experiences of combining multiple identities into a single sense of citizenship. Cases are taken from Canada, Croatia, Czechia, Estonia, Spain, Switzerland and Turkey to assess the various experiences of communities being incorporated into one entity. The studies show that the EU has a comparatively large degree of diversity and complexity, with levels of integration achieved in a relatively short timeframe. Advisory models based on Canada and Switzerland allow for the EU integration processes to continue while protecting diversity and upholding common institutions. Citizenship in Segmented Societies will appeal to academics and students in the field of European and federalist studies with a focus on multiculturalism and linguistic pluralism, minority rights, and citizenship issues. It will also be of interest to those with a particular interest in historical and comparative analysis of the EU. Contributors include: A.C. Bianculli, F. Cheneval, C. Erdogan, M. Ferrin, V. Hlousek, J. Jordana, S. Lopez, M. Sanjaume-Calvet, G. Tavits, H. Yilmaz, C.I. Velasco Rico

Leaks, Whistleblowing and the Public Interest - The Law of Unauthorised Disclosures (Hardcover): Ashley Savage Leaks, Whistleblowing and the Public Interest - The Law of Unauthorised Disclosures (Hardcover)
Ashley Savage
R3,359 Discovery Miles 33 590 Ships in 12 - 17 working days

Applying a comparative analysis on law and practices, combined with extensive data, this book considers the legal consequences for public servants who make unauthorised disclosures of official information and the protections available for whistleblowers. The author provides an in-depth treatment of the law of unauthorised disclosures in the UK to explore the protections available and discusses the theoretical and legal justifications for the making of disclosures, as well as the arguments for maintaining official secrecy. The book discusses the legal consequences of leaking information and a full assessment of the authorised alternatives, providing recommendations for reform throughout. This book will be of interest to academics working on whistleblowing, as well as their students. The various recommendations provided in the book will be of use to whistleblowing NGOs, policymakers and Members of Parliament.

Contracting Human Rights - Crisis, Accountability, and Opportunity (Hardcover): Alison Brysk, Michael Stohl Contracting Human Rights - Crisis, Accountability, and Opportunity (Hardcover)
Alison Brysk, Michael Stohl
R3,540 Discovery Miles 35 400 Ships in 12 - 17 working days

The securitization that accompanied many national responses after 11 September 2001, along with the shortfalls of neo-liberalism, created waves of opposition to the growth of the human rights regime. By chronicling the continuing contest over the reach, range, and regime of rights, Contracting Human Rights analyzes the way forward in an era of many challenges. Through an examination of both global and local challenges to human rights, including loopholes, backlash, accountability, and new opportunities to move forward, the expert contributors analyze trends across multiple-issue areas. These include; international institutions, humanitarian action, censorship and communications, discrimination, human trafficking, counter-terrorism, corporate social responsibility and civil society and social movements. The topical chapters also provide a comprehensive review of the widening citizenship gaps in human rights coverage for refugees, women?s rights in patriarchal societies, and civil liberties in chronic conflict. This timely study will be invaluable reading for academics, upper-level undergraduates, and those studying graduate courses relating to international relations, human rights, and global governance. Contributors include: K. Ainley, G. Andreopolous, C. Apodaca, P. Ayoub, Y. Bei, N. Bennett, K. Caldwell, F. Cherif, M. Etter, J. Faust, S. Ganesh, F. Gomez Isa, A. Jimenez-Bacardi, N. Katona, B. Linder, K. Lukas, J. Planitzer, W. Sandholtz, G. Shafir, C. Stohl, M. Stohl, A. Vestergaard, C. Wright

Autonomy and Self-determination - Between Legal Assertions and Utopian Aspirations (Hardcover): Peter Hilpold Autonomy and Self-determination - Between Legal Assertions and Utopian Aspirations (Hardcover)
Peter Hilpold
R3,874 Discovery Miles 38 740 Ships in 12 - 17 working days

Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy. Autonomy and Self-Determination offers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of issues of autonomy and self-determination according to a traditional legal viewpoint, and rather argues that utopian international law ideas are the breeding ground for norms and legal institutions of the future. This insightful book will be an invaluable read for international lawyers and political science scholars. It provides a clear, yet detailed, analysis of the issues Europe is facing regarding autonomy and self-determination in the face of historical context, also making it a useful tool for European history scholars. Contributors include: X. Arzoz, A. Beausejour, P. Hilpold, H. Hofmeister, E. Lopez-Jacoiste, R. Mullerson, S. Oeter, B. Olmos, B. Roth, M. Suksi, A. Tancredi, D. Turp

Renmin Chinese Law Review - Selected Papers of The Jurist (   ), Volume 5 (Hardcover): Jichun Shi Renmin Chinese Law Review - Selected Papers of The Jurist ( ), Volume 5 (Hardcover)
Jichun Shi
R3,884 Discovery Miles 38 840 Ships in 12 - 17 working days

Renmin Chinese Law Review, Volume 5 is the fifth work in a series of annual volumes on contemporary Chinese law which bring together the work of recognized scholars from China, offering a window on current legal research in China. Volume 5 gives detailed discussion and analysis on significant topical subjects such as regulation, public governance, fair trade practice and extra territoriality. Eminent contributors also address the areas of trademarks and patenting, urban planning, life insurance and criminal law. With an ever-increasing global interest in China's legal approach, this extensive and diverse work will appeal to scholars and professionals of Chinese law, society and politics, as well as members of diplomatic communities with an interest in Chinese law. Contributors include: F. Changjun, W. Fang, Y. Haichun, F. Hui, X. Jun, L. Lei, H. Peng, D. Qiangqiang, Q. TongHui, L. Yang, Q. Zhanwen, W. Zhiyuan, H. Zhongshun

Constitutional Idolatry and Democracy - Challenging the Infatuation with Writtenness (Paperback): Brian Christopher Jones Constitutional Idolatry and Democracy - Challenging the Infatuation with Writtenness (Paperback)
Brian Christopher Jones
R864 Discovery Miles 8 640 Ships in 12 - 17 working days

This thought-provoking book investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focused around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Analysing a number of issues in relation to constitutional performance, including whether these documents can educate the citizenry, invigorate voter turnout, or deliver 'We the People' sovereignty, the author finds written constitutions consistently failing to meet expectations. This innovative book also examines how constitutional idolatry may frustrate and distort constitutional change, and can lead to strong forms of constitutional paternalism emerging within the state. Ultimately, the book argues that idolising written constitutions is a hollow endeavour that will fail to produce better democratic outcomes or help solve increasingly complicated societal problems. Engaging and accessible, Constitutional Idolatry and Democracy will be a key resource for both new and established scholars interested in comparative constitutional law, constitutional theory, law and democracy and written vs. unwritten constitutions.

Comparing administrative justice across the commonwealth (Paperback): H. Corder, L. van de Vijver Comparing administrative justice across the commonwealth (Paperback)
H. Corder, L. van de Vijver
R896 R777 Discovery Miles 7 770 Save R119 (13%) Ships in 4 - 8 working days

Administrative law is concerned with the interaction between a government and its citizens, which occurs in areas of immense practical importance to ordinary citizens, such as health care, education, public housing and social security benefits. Determining the manner in which such interaction should take place is a continuing focus of the law in democratic states. Comparing administrative justice across the commonwealth examines a range of themes relevant to administrative justice. It begins by considering it in a constitutional context, and then proceeds to compare fundamental concepts of administrative law as they have developed in different Commonwealth countries. This is followed by studies of specific countries and a discussion of practical steps that have been taken to enhance the quality of administrative justice. This title provides a unique multifaceted insight into the development of administrative justice and the jurisprudential as well as practical questions to be considered in promoting it.

Mediation and Law in China (Hardcover): Liao Yong’an, Wang Cong, Duan Ming, Zhao Yiyu Mediation and Law in China (Hardcover)
Liao Yong’an, Wang Cong, Duan Ming, Zhao Yiyu
R7,332 Discovery Miles 73 320 Ships in 12 - 17 working days

This two-volume set investigates the concept, institutionalization, models and mechanism of mediation, an important form of alternative dispute resolution within China’s legal system. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be “Eastern†in nature. Seeking to explore how mediation has developed in order to function in a modernized society, the first volume looks into the legal foundations of Chinese mediation as well as paths to the institutionalization and professionalization of mediation. The second volume examines the development of diversified dispute resolution via the elucidation of eight major types of mediation in China. By reviewing its history and enquiring into trends and prospects, the authors seek to establish a mediation system that incorporates diversified models, institutionalized and noninstitutionalized approaches, changing contexts, and a range of dimensions for society. This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China’s dispute resolution policy, law, and practice.

Development Review in Local Government - Benchmarking Best Practices (Paperback): David N. Ammons, Ryan Davidson, Ryan Ewalt Development Review in Local Government - Benchmarking Best Practices (Paperback)
David N. Ammons, Ryan Davidson, Ryan Ewalt
R1,586 Discovery Miles 15 860 Ships in 10 - 15 working days
A Commentary on the Council of Europe Convention on Action against Trafficking in Human Beings (Hardcover): Julia Planitzer,... A Commentary on the Council of Europe Convention on Action against Trafficking in Human Beings (Hardcover)
Julia Planitzer, Helmut Sax
R7,366 Discovery Miles 73 660 Ships in 12 - 17 working days

This comprehensive Commentary provides the first fully up-to-date analysis and interpretation of the Council of Europe Convention on Action against Trafficking in Human Beings. It offers a concise yet thorough article-by-article guide to the Convention's anti-trafficking standards and corresponding human rights obligations. This Commentary includes an analysis of each article's drafting history, alongside a contextualisation of its provisions with other anti-trafficking standards and a discussion of the core issues of interpretation. The Commentary also presents the first full exploration of the findings of the Convention's monitoring body, the Group of Experts on Action against Trafficking in Human Beings (GRETA), providing a better understanding of the practical implications and challenges in relation to the Convention's standards. Practitioners in the field of anti-trafficking, including lawyers, law enforcement agencies and providers of victim support services will find the Commentary's concise analysis invaluable. It will also prove useful to researchers and students of human rights law, as well as to policymakers looking for guidance concerning obligations stemming from the Convention.

Constitutionalism in the Americas (Hardcover): Colin Crawford, Daniel Bonilla Maldonado Constitutionalism in the Americas (Hardcover)
Colin Crawford, Daniel Bonilla Maldonado
R3,538 Discovery Miles 35 380 Ships in 12 - 17 working days

Constitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies ? empirical, historical, philosophical and textual analysis ? in the effort to provide a comprehensive look at a generation of constitutional change across two continents. The authors document surprising changes, including the relative decline in the importance of U.S. constitutional jurisprudence outside U.S. borders and the growing exchange of Latin American constitutional thought with Europe and beyond. Accompanying commentary elaborates on the role of constitutional law in global changes in political, social and economic power and influence. The chapters also prompt thinking about a wide range of topics important not just in the Americas, but across the world, including the challenges and implications of using legal transplants and, conversely, the utility and potential of borrowing and adapting constitutional and other legal models to different realities. This book is useful not only for advanced students of constitutional law and theory but also for students new to the area and eager to tap into the newest thinking about constitutional law and law-making in the Americas and elsewhere. Contributors include: D. Bonilla Maldonado, J. Couso, C. Crawford, J.L. Esquirol, R. Gargarella, T. Ginsburg, T.K. Hernandez, D. Landau, D.S. Law, F. Nicola, F. Pou Gimenez

Constitutional Precedent in US Supreme Court Reasoning (Hardcover): David Schultz Constitutional Precedent in US Supreme Court Reasoning (Hardcover)
David Schultz
R2,899 Discovery Miles 28 990 Ships in 12 - 17 working days

Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. Yet while adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning. The author surveys the entire history of the US Supreme Court up until 2020, keying in on decisions regarding when it chose to overturn its own constitutional precedent and why. He explores how the US Supreme Court under its different Chief Justices has approached constitutional precedents and justified its reversal and quantifies which Courts have reversed the most constitutional precedents and why. Constitutional Precedent in US Supreme Court Reasoning is essential reading for law professors and students interested in precedent and its role in legal reasoning. Law libraries which will find this book of importance to their collections on legal reasoning and analysis.

Contracting Human Rights - Crisis, Accountability, and Opportunity (Paperback): Alison Brysk, Michael Stohl Contracting Human Rights - Crisis, Accountability, and Opportunity (Paperback)
Alison Brysk, Michael Stohl
R1,144 Discovery Miles 11 440 Ships in 12 - 17 working days

The securitization that accompanied many national responses after 11 September 2001, along with the shortfalls of neo-liberalism, created waves of opposition to the growth of the human rights regime. By chronicling the continuing contest over the reach, range, and regime of rights, Contracting Human Rights analyzes the way forward in an era of many challenges. Through an examination of both global and local challenges to human rights, including loopholes, backlash, accountability, and new opportunities to move forward, the expert contributors analyze trends across multiple-issue areas. These include; international institutions, humanitarian action, censorship and communications, discrimination, human trafficking, counter-terrorism, corporate social responsibility and civil society and social movements. The topical chapters also provide a comprehensive review of the widening citizenship gaps in human rights coverage for refugees, women?s rights in patriarchal societies, and civil liberties in chronic conflict. This timely study will be invaluable reading for academics, upper-level undergraduates, and those studying graduate courses relating to international relations, human rights, and global governance. Contributors include: K. Ainley, G. Andreopolous, C. Apodaca, P. Ayoub, Y. Bei, N. Bennett, K. Caldwell, F. Cherif, M. Etter, J. Faust, S. Ganesh, F. Gomez Isa, A. Jimenez-Bacardi, N. Katona, B. Linder, K. Lukas, J. Planitzer, W. Sandholtz, G. Shafir, C. Stohl, M. Stohl, A. Vestergaard, C. Wright

Reconsidering EU Citizenship - Contradictions and Constraints (Hardcover): Sandra Seubert, Oliver Eberl, Frans Van Waarden Reconsidering EU Citizenship - Contradictions and Constraints (Hardcover)
Sandra Seubert, Oliver Eberl, Frans Van Waarden
R3,538 Discovery Miles 35 380 Ships in 12 - 17 working days

Twenty-five years after the introduction of European citizenship, it seems as though the EU has overreached itself. In its current state the EU provokes much negative political reaction among its citizens. Conversely, interest in European issues has increased during the crisis, pro-European social movements have emerged and new debates on reforms of the Union?s architecture are flaring up. Through updated and integrated multidisciplinary research this book reconsiders the contradictions and constraints, as well as the promises and prospects, for the future of EU citizenship. With chapters from leading researchers in the field, Reconsidering EU Citizenship is an innovative contribution to the lively debate on European and transnational citizenship. Bringing together policy research and reflections from political theory, this book offers an up-to-date critique of the current state of EU citizenship as well as new insights for its future. As citizenship rights issues become more prominent on the EU policy-making agenda, Reconsidering EU Citizenship will be an invaluable resource to students of EU policy as well as policy-makers and practitioners in the field. Contributors include: F. Cheneval, H. Dean, O. Eberl, M. Ferrin, V. Hlousek, M. Hoogenboom, J. Komarek, V. Koska, M. Prak, S. Seubert, C. Strunck, P. van Parijs, F. Van Waarden

Research Handbook on Remote Warfare (Hardcover): Jens David Ohlin Research Handbook on Remote Warfare (Hardcover)
Jens David Ohlin
R5,861 Discovery Miles 58 610 Ships in 12 - 17 working days

The practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers. Primarily focused on the legality of all forms of remote warfare, including targeted killings by drone, cyber-attacks, and autonomous weapons, each chapter gives a compelling insight beyond the standard and reactionary criticisms of these technologies. Current assumptions of remote warfare are challenged and discussed from a variety of international perspectives. These include governing the use of force, humanitarian law, criminal law, and human rights law. Contributors consider the essential features of current warfare regulations, and test their strength for controlling these new technologies. Suggestions are made for the future development of law to control the limits of modern remote warfare, with a particular focus on the possibility of autonomous weapons. This is an essential read for academics and students of jus ad bellum, international humanitarian law, criminal law and human rights. Students of political science, governance and military studies will also find this a thought-provoking insight into modern warfare techniques and the complex legal issues they create. Contributors include: W. Banks, G. Corn, E. Crawford, A. Cullen, L. Davies-Bright, G. Gaggioli, R. Geiss, T.D. Gill, R. Heinsch, I.S. Henderson, P. Keane, M. Klamberg, H. Lahmann, J. Liddy, P. Margulies, M.W. Meier, J.D. Ohlin, M. Roorda, J. van Haaster, N. White

Law's Regulatory Relevance? - Property, Power and Market Economies (Hardcover): Mark Findlay Law's Regulatory Relevance? - Property, Power and Market Economies (Hardcover)
Mark Findlay
R3,360 Discovery Miles 33 600 Ships in 12 - 17 working days

Focusing on the information economy, free trade exploitation, and confronting terrorist violence, Mark Findlay critiques law's regulatory commodification. Conventional legal regulatory modes such as theft and intellectual property are being challenged by waves of property access and use, which demand the rethinking of property 'rights' and their relationships with the law. Law's Regulatory Relevance? theorises how the law should reposition itself in order to help rather than hinder new pathways of market power, by confronting the dominant neo-liberal economic model that values property through scarcity. With in-depth analysis of empirical case studies, the author explores how law is returning to its communal utility in strengthening social ties, which will in turn restore property as social relations rather than market commodities. In a world of contested narratives about property valuing, law needs to ground its inherent regulatory relevance in the ordering of social change. This book is an essential read for students of law and regulation wanting to explore the contemporary dissent against neo-liberal market economies and the issues of communitarian governance and social resistance. It will also appeal to policy makers interested in law's failing regulatory capacity, particularly through criminalising attacks on conventional property rights, by offering insights into why law's regulatory relevance is at a cross-roads.

Chinese Law of Personality Rights (Hardcover): Tianheng Qi Chinese Law of Personality Rights (Hardcover)
Tianheng Qi; Edited by Wang Liming, Shi Jiayou
R7,622 Discovery Miles 76 220 Ships in 12 - 17 working days

This two-volume set is a collection of articles that elucidate the theory, practice, legal innovations, and codification experience of the Law of Personality Rights in China. The Law of Personality Rights was enacted in China in May 2020, the first time that a Law has been legislated as an independent part of the Civil Code of the People's Republic of China and an unprecedented step in protecting the personality rights of citizens. The first volume examines the legal and theoretical basis for the Law as a standalone part of the Civil Code as well as practical issues including institutional arrangements, the relationship between human rights and personality rights and the relationship with laws on tort liability, as well as those pertaining to marriage and the family. The second volume explains the design and innovations of the Law and proposes suggestions to refine it through evaluation of the attributes of personality rights and the draft laws. The volumes will be an essential reference for scholars and students studying civil law, continental law, Chinese law, and the legal protection of personality rights.

The Law and Economics of Federalism (Hardcover): Jonathan Klick The Law and Economics of Federalism (Hardcover)
Jonathan Klick
R3,366 Discovery Miles 33 660 Ships in 12 - 17 working days

This collection of specially commissioned chapters takes one of the oldest theoretical approaches on federalism in the law and puts it in the service of the new empirically minded law and economics. A federalist structure, at least in principle, allows for quasi-experimental examinations and evaluations of the effects of various policies that would be more difficult in unitary systems. Although legal scholars have talked about this topic for decades, rarely has the law and economics literature treated federalism empirically in such a systematic and useful way. The Law and Economics of Federalism begins with a generalized discussion of US federalism in the environmental context and in social welfare programs. Additionally, new empirical work is provided on the effect of state regulations on entrepreneurism, consumer protection law and crime policies. Expert contributors then turn to an analysis of inter-jurisdictional arrangements on the development of Native American communities, as well as the interplay among the levels of government on budgetary issues. Lastly, the book addresses the notable dearth of empirical analysis of federalism in the EU with an illuminating analysis of the EU's institutional background that will spur comparable empirical work in the future. This unique study offers valuable insights on federalism that will be welcomed by students and academics in law and economics. The innovative proposals on federalism as a vehicle for the empirical identification of policy effects will be of great interest to policymakers. Contributors include: T.L. Anderson, M.P. Bitler, J.A. Dove, M. Faure, R.K. Fleck, B. Galle, J.B. Gelbach, F.A. Hanson, J. Klick, D. Parker, R.S. Sobel, J.D. Wright, M. Zavodny

Rethinking Intellectual Property - Balancing Conflicts of Interest in the Constitutional Paradigm (Hardcover): Gustavo Ghidini Rethinking Intellectual Property - Balancing Conflicts of Interest in the Constitutional Paradigm (Hardcover)
Gustavo Ghidini
R4,009 Discovery Miles 40 090 Ships in 12 - 17 working days

Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all. Rethinking Intellectual Property is a deeply reflective conceptualisation of the modern principles of intellectual property law at both a national and an international level. The first chapter investigates conflicts of interests relating to intellectual property and guiding principles for their resolution within its constitutional framework. Ghidini then moves on to examine the reshaping of patent protection, and the way that the exercise of patent rights goes hand-in-hand with the competitive dynamics of technological innovation. In chapter 3, he analyses the copyright paradigm from an industrial perspective, focusing particular attention to the online distribution of material. Chapter 4 moves on to examine trademark protection, and the protection of entrepreneurial identity and brand value. Finally, he addresses the complex intersection between intellectual property law and competition law. This book will be invaluable reading for anyone interested in the conceptual foundations of intellectual property law, and challenges the reader to re-examine their understanding of the field.

Authoritarian Constitutionalism - Comparative Analysis and Critique (Hardcover): Helena Alviar Garcia, Gunter Frankenberg Authoritarian Constitutionalism - Comparative Analysis and Critique (Hardcover)
Helena Alviar Garcia, Gunter Frankenberg
R3,847 Discovery Miles 38 470 Ships in 12 - 17 working days

The contributions to this book analyse and submit to critique authoritarian constitutionalism as an important phenomenon in its own right, not merely as a deviant of liberal constitutionalism. Accordingly, the fourteen studies cover a variety of authoritarian regimes from Hungary to Apartheid South Africa, from China to Venezuela; from Syria to Argentina, and discuss the renaissance of authoritarian agendas and movements, such as populism, Trumpism, nationalism and xenophobia. From different theoretical perspectives the authors elucidate how authoritarian power is constituted, exercised and transferred in the different configurations of popular participation, economic imperatives, and imaginary community. Authoritarian Constitutionalism is of great interest to teachers, scholars and students of comparative constitutional law, comparative politics, and legal and political theory. Contributors include: H. Alviar Garcia, D. Davis, M.W. Dowdle, O. El Manfalouty, G. Frankenberg, R. Gargarella, J. Gonzalez Jacome, D. Kennedy, E. Merieau, S. Newton, N. Spaulding, N. Sultany, M. Wilkinson, H. Yamamoto

Comparative Judicial Review (Hardcover): Erin F. Delaney, Rosalind Dixon Comparative Judicial Review (Hardcover)
Erin F. Delaney, Rosalind Dixon
R6,207 Discovery Miles 62 070 Ships in 12 - 17 working days

Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context. This book's comparative and interdisciplinary accounts of a phenomenon of worldwide significance and its advanced introduction to the origins, functions, and contours of judicial review make it both accessible and indispensable. Comparative Judicial Review should be considered essential reading for every graduate student, early career scholar, and constitutional law professor seeking to become more comparative in their approach. Contributors include: K.J. Alter, S.G. Calabresi, W.-C. Chang, E.F. Delaney, R. Dixon, L, Esptein, T. Ginsburg, J. Greene, A. Harel, R. Hirschl, S. Issacharoff, V. Jackson, T. Jacobi, R.A. Kagan, D. Kapiszewski, J. Knight, D. Landau, Y.-L. Lee, H. Lerner, S. Mittal, T. Roux, W. Sadurski, A. Shinar, G. Silverstein, K. Stilt, Y. Tew, M. Versteeg, S. Waheedi, B.R. Weingast, E. Zackin

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