|
Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
Utilizing the ethos of human rights, this insightful book captures
the development of the moral imagination of these rights through
history, culture, politics, and society. Moving beyond the focus on
legal protections, it draws attention to the foundation and
understanding of rights from theoretical, philosophical, political,
psychological, and spiritual perspectives. The book surveys the
changing ethos of human rights in the modern world and traces its
recent histories and process of change, delineating the ethical,
moral, and intellectual shifts in the field. Chapters incorporate
and contribute to the debates around the ethics of care,
considering some of the more challenging philosophical and
practical questions. It highlights how human rights thinkers have
sought to translate the ideals that are embodied in the Universal
Declaration of Human Rights into action and practice.
Interdisciplinary in nature, this book will be critical reading for
scholars and students of human rights, international relations, and
philosophy. Its focus on potential answers, approaches, and
practices to further the cause of human rights will also be useful
for activists, NGOs, and policy makers in these fields.
In the face of current confusion regarding the use of articles 290
and 291 TFEU, there is a need to further develop the theory of
legislative delegation in the EU Commission. This timely book
approaches this question from a practical perspective with a
detailed examination of how the legislator uses delegated and
implementing mandates in different fields of EU law. Offering an
analysis of legislative practice and providing concrete evidence of
how articles 290 and 291 TFEU are actually handled, the expert
contributors offer new insights into potential developments in EU
administrative law. From this emerges a tentative categorisation
that separates delegated rule-making from implementing rule-making
according to the differentiation of substantive and procedural
matters. However, as difficulties in the categorisation continue to
remain, the book explores their systemic reasons, deeply rooted in
the unclear constitutional shape of the EU. The Legislative Choice
Between Delegated and Implementing Acts in EU Law will be essential
reading for law academics and course leaders as well as
practitioners in national and EU administration interested in this
ongoing debate central to EU administrative law. Contributors
include: M. Chamon, J. Karsten, F. Lafarge, M. Ortino, A. Ott, S.
Roettger-Wirtz, E. Tauschinsky, A. Vincze, W. Weiss, D. Zdobnoh
Title 17 presents regulations governing commodities and securities
exchanges. It includes the rules of Commodity Futures Trading
Commission, the Securities and Exchange Commission, and the
Department of the Treasury.
This new addition to Hart's acclaimed Landmark Cases series is a
diverse and engaging edited collection bringing together eminent
commentators from the United Kingdom, the United States, Australia,
Canada, and New Zealand, to analyse cases of enduring significance
to privacy law. The book tackles the conceptual nature of privacy
in its various guises, from data protection, to misuse of private
information, and intrusion into seclusion. It explores the
practical issues arising from questions about the threshold of
actionability, the function of remedies, and the nature of damages.
The cases selected are predominantly English but include cases from
the United States (because of the formative influence of United
States' privacy jurisprudence on the development of privacy law),
Australia, Canada, the Court of Justice of the European Union, and
the European Court of Human Rights. Each chapter considers the
reception and application (and, in some instances, rejection)
outside of the jurisdiction where the case was decided.
Title 48 presents regulations which cover acquisition planning,
contracting methods and contract types, socioeconomic programs,
general contracting requirements, special categories of
contracting, contract management, clauses, and forms. Specific
criteria for various departments, agencies, and offices are
included. Additions and revisions to this section of the code are
posted annually by October. Publication follows within six months.
This book revisits the Treaty of Lisbon's promise to further
parliamentarize the EU's functioning by looking into the Treaty-law
framework governing the delegation of legislative power in the EU.
In this field, the Lisbon Treaty formally greatly strengthened the
position of the European Parliament vis-a-vis both the European
Commission and the Council. The book explores whether Parliament's
formally reinforced role is reflected in the actual balance of
powers in the area of delegated legislation and executive
rule-making. It does so by assessing how both the law and practice
of decision-making at the legislative level, looking at specific
case studies, and the sub-legislative level, examining the scrutiny
over delegated legislation, has crystallized in the ten years
following the entry into force of the Lisbon Treaty. This rigorous
study gives a fascinating insight into one of the most significant
developments in European parliamentary law-making, which EU
constitutional lawyers will find required reading.
This Research Handbook provides a panoramic guide to the study and
research of EU citizenship and its development within a challenging
environment characterised by restrictive access to social benefits,
Brexit, Euroscepticism and Covid-19. It combines theoretical
perspectives with analyses of both the existing and future rights,
duties and social protection that EU citizens ought to enjoy in a
democratic and principled European Union. Featuring expert
contributions from scholars both within and outside the discipline
of law, the Research Handbook focuses on contemporary challenges
facing the EU, such as Brexit, the erosion of rights and issues of
constitutional choice for the citizens and governments of Europe,
and highlights the reality of incomplete implementation of EU law
and the role of the Court of Justice of the EU. A wide range of
topics are discussed, featuring, but not limited to,
differentiation, EU citizenship and nationality, the European
Pillar of Social Rights, academic freedom and restrictions in free
movement of persons. The book also applies a forward thinking
approach by examining the promise of EU citizenship and the
institutional reforms one might envisage in the future. Offering a
thought-provoking contribution to ongoing debates and studies in
the fields of EU citizenship, European internal market law and
policy and European integration, this Research Handbook will be key
reading for researchers, academics and postgraduate students in the
fields of law, political science, EU studies, and sociology.
The Founding Fathers wrote the Constitution at a level sufficiently
general to guide lawmaking while avoiding great detail. This
four-page document has guided the United States of America for more
than two centuries. The Supreme Court has parsed the document into
clauses, which plaintiffs and defendants invoke in cases or
controversies before the Court. Some, like the Interstate Commerce
Clause, are central to the survival of a government of multiple
sovereignties. The practice of observing case precedents allows
orderly development of the law and consistent direction to the
lower courts. The Court itself claimed the final power of judicial
review, despite efforts to the contrary by the executive and
legislative branches of the national government and the state
supreme courts. The Court then limited its own awesome power
through a series of self-imposed rules of justiciability. These
rules set the conditions under which the Court may exercise the
extraordinary final power of judicial review. Some of these
self-imposed limits are prudential, some logical, and some inviting
periodic revision. This book examines the detailed unfolding of
several Constitutional clauses and the rules of justiciability. For
each clause and each rule of justiciability, the book begins with
the brilliant foundations laid by Chief Justice John Marshall, then
to the anti-Federalist era, the Civil War, the dominance of laissez
faire and social Darwinism, the Great Depression redirection, the
civil rights era, and finally the often-hapless efforts of Chief
Justice Rehnquist.
The invasion of Iraq in 2003, and the Coalition Government's
failure to win parliamentary approval for armed intervention in
Syria in 2013, mark a period of increased scrutiny of the process
by which the UK engages in armed conflict. For much of the media
and civil society there now exists a constitutional convention
which mandates that the Government consults Parliament before
commencing hostilities. This is celebrated as representing a
redistribution of power from the executive towards a more
legitimate, democratic institution. This book offers a critical
inquiry into Parliament's role in the war prerogative since the
beginning of the twentieth century, evaluating whether the UK's
decisions to engage in conflict meet the recognised standards of
good governance: accountability, transparency and participation.
The analysis reveals a number of persistent problems in the
decision-making process, including Parliament's lack of access to
relevant information, government 'legalisation' of parliamentary
debates which frustrates broader discussions of political
legitimacy, and the skewing of debates via the partial public
disclosure of information based upon secret intelligence. The book
offers solutions to these problems to reinvigorate parliamentary
discourse and to address government withholding of classified
information. It is essential reading for anyone interested in war
powers, the relationship between international law and domestic
politics, and the role of the Westminster Parliament in questions
of national security.
Title 47 presents regulations impacting equipment, carrier
services, broadcast radio services, safety and special radio
services, and policies related to national security. Additions and
revisions to this section of the code are posted annually by
October. Publication follows within six months.
|
|