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`No freeman is to be taken or imprisoned, or dispossessed ... except through the lawful judgment of his peers or through the law of the land.' `To no one shall we sell, to no one shall we deny or delay right or justice.' Magna Carta (or `Great Charter' of English Liberties) is one of the most important documents in legal history. Originating as a peace treaty agreed between King John and a group of powerful barons at Runnymede near Windsor on 15 June 1215, it enshrined in law the concept of individual liberty and defined the role of the monarch towards the people. The charter was successively revised and reissued throughout the thirteenth century by England's monarchs, and the ideas expressed in it had a profound influence, as seen in the United States Constitution and Bill of Rights. The Latin text of one version of this landmark document (the 1217 issue of Henry III) is transcribed here in full, together with a modern translation and an introduction which traces the background to the making of the charter and its subsequent revisions through the centuries. It also explains how this text has become an enduring symbol of freedom in Britain and throughout the world.
The authoritative guide to the NEC4 Engineering and Construction Contract The New Engineering Contract (NEC) is one of the leading standard forms of contract for major construction and infrastructure projects. The latest edition of the contract (NEC4) is now a suite of contracts widely used in the UK, Australia, Hong Kong, South Africa, Ireland, and New Zealand. This timely and important book provides a detailed commentary on the latest edition of the main NEC4 Engineering and Construction Contract (NEC4 ECC) form. It explains how the contract is intended to operate and examines each clause to consider its application and legal interpretation. It also draws upon the author's highly successful third edition of the book covering the previous contract. It identifies and comments on the changes between the current and previous version of the form. After a brief introduction to the new edition of the form, The NEC4 Engineering and Construction Contract offers in-depth chapters covering everything from main options and secondary option clauses to risk assurances and NEC 4 family contracts. In between, readers will learn about general core clauses, the obligations and responsibilities of the contractor, testing and defects, payments, compensation events, and much more. Covers the latest version of the NEC Engineering and Construction Contract, the leading standard form contract for major construction projects Examines the new contract clause by clause and compares it with the previous edition Previous editions were widely acknowledged as detailed and fair analyses of the NEC contracts Written by a highly regarded contracts commentator, experienced arbitrator, and adjudicator The NEC4 Engineering and Construction Contract: A Commentary is an excellent book for construction industry professionals working for clients, employers, main contractors, project managers, subcontractors, and specialist contractors.
For the first time, a blistering, highly-charged account from the man known as `Marine A' who was at the centre of the controversial murder of a wounded Taliban fighter. His case led to an unprecedented wave of public support which raised over GBP800,000 to fund his appeal. The nerve-shredding situations Sgt Blackman operated within, under sustained attack for long periods, living in the unrelenting horror of a theatre of war, took their toll mentally and physically. "This book chronicles my young life, my recruitment and training, my first deployments, and then my experiences in the Middle East, where I fought first in Iraq, and later completed two tours of duty in Helmand, Afghanistan - before finally confronting the final moment of my 2011 tour, and the killing of the Afghan insurgent which led to my conviction for murder. "I confront this moment in a spirit of total honesty, chronicling the weeks and months of a hellish tour that led up to it, the mental frailties the tour exposed - and, without seeking to make excuses, reclaim at least some of that experience for myself. "This is a searingly honest look at the brutal realities of life in the military." - Sgt. Alexander Blackman (Marine A)
Whilst many of us would agree that human rights are more important than corporate profits, the reality is often different; such realities as child labour and environmental destruction caused by corporate activities make this patently clear. Recognising that balancing human rights and business interests can be problematic, Corporate Accountability considers the limits of existing complaint mechanisms and examines non-judicial alternatives for conflict resolution. The innovative approach herein compiles both long-standing international expertise and findings based on 25 key interviews from experts and victims. In contrast to the current literature, which tends to provide details on the functioning of the mechanisms, this book delves further to examine the strengths and weaknesses of each mechanism and provides criteria of excellence for non-judicial grievance mechanisms. In doing so, it provides a reality-check for corporate accountability worldwide. Novel and thought provoking, Corporate Accountability will be a captivating read for academics as well as companies interested in human rights and corporate social responsibility. It will also prove of interest to related state institutions such as development agencies and other relevant ministries such as chambers of commerce, trade unions, NGOs and civil society organisations.
This text provides students with a variety of case materials on different aspects of administartive law. Each chapter begins with a short summary of the law and the legal issues raised in the chapter, followed by extracts from case law. As far as possible, the latest case law is used.
Under the legal and administrative system of Nazi Germany, people
categorized as Fremdvolkische (literally, "foreign people") were
subject to special laws that restricted their rights, limited their
protection under the law, and exposed them to extraordinary legal
sanctions and brutal, extralegal police actions. These special
laws, one of the central constitutional principles of the Third
Reich, applied to anyone perceived as different or racially
inferior, whether German citizens or not.
Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policymakers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.
The EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU scholars in law, politics and regulation, to explore the wealth of new legal and regulatory strategies, practices, and actors that are emerging to complement the classic avenues of central and decentralized enforcement. The contributors evaluate the traditional `dual vigilance' framework of enforcement before examining network(ed) enforcement from theoretical, empirical and legal perspectives. They assess innovations in key EU policy fields such as the environment, consumer protection, competition, freedom, security and justice, and economic governance. This multi-disciplinary book will be of use to students and academics in law, political science, regulation and public policy. It will also interest policy-makers in EU institutions, national administrations and courts engaged in the implementation and enforcement of EU law and policy.
This topical book examines how the goals of constitutionalism - good and fair government - are addressed at a time when the multi-religious composition of countries' populations has never before been so pronounced. How should governments, courts and officials deal with this diversity? The widely accepted principle of treating others as you wish them to treat you and the universal recognition of human dignity speak against preferential treatment of any religion. Faced with severe challenges, this leads many authorities to seek refuge in secular neutrality. Set against the backdrop of globalized constitutionalism in a post-secular era, Francois Venter proposes engaged objectivity as an alternative to unachievable neutrality. Bringing together the history of church and state, the emergence of contemporary constitutionalism, constitutional comparison and the realities of globalization, this book offers a fresh perspective on the direction in which solutions to difficulties brought about by religious pluralism might be sought. Its wide-ranging comparative analyses and perspectives based on materials published in various languages provide a clear exposition of the range of religious issues with which the contemporary state is increasingly being confronted. Providing a compact but thorough historical and theoretical exposition, this book is an invaluable resource for students, constitutional scholars, judges and legal practitioners.
While nominally protected across Europe, the human rights of vulnerable migrants often fail to deliver their promised benefits in practice. This socio-legal study explores both the concrete expressions and possible causes of this persistent deficit. For this purpose, it presents an innovative multifaceted evaluation of selected judgments of the European Court of Human Rights and the Court of Justice of the EU pertaining to such complex questions as the protection of persons fleeing from indiscriminate violence, homosexual asylum seekers, the Dublin Regulation, and the externalisation of border control. Highlighting the demanding character of migrant rights, the book also discusses some steps that could be taken to improve the effectiveness of Europe's supranational human rights system including changes in judicial and litigation practice as well as a reconceptualization of human rights as existential commitments.
Bringing together leading international scholars in the field, this authoritative Handbook combines critical and doctrinal scholarship to illuminate some of the challenging tensions in the legal relationships between humans and the environment, and human rights and environment law. The accomplished contributors provide researchers and students with a rich source of reflection and engagement with the topic. Split into five parts, the book covers epistemologies, core values and closures, constitutionalisms, universalisms and regionalisms, with a final concluding section exploring major challenges and alternative futures. An essential resource for students and scholars of human rights law, the volume will also be of significant interest to those in the fields of environmental and constitutional law.
This innovative book explores the nature and function of `sunset clauses' and experimental legislation, or temporary legislation that expires after a determined period of time, allowing legislators to test out new rules and regulations within a set time frame and on a small-scale basis. Sofia Ranchordas presents a thorough analysis of sunset clauses and experimental legislation from a comparative perspective, and offers a clear legal framework for their implementation. The author begins with a comprehensive history of sunset clauses and experimental legislation, along with a clear explanation of their characteristics and potential uses. She then analyzes the relationship between these legislative instruments and a number of fundamental legal principles, including legal certainty, equal treatment, proportionality and separation of powers. This thorough exploration of sunset clauses and experimental regulations places them within a broader legal context and makes a compelling case for their increased use. Scholars and students of comparative law, regulation and public policy will all find this book a fascinating and useful resource.
The 2019 edition of the best-selling series includes the complete testable materials from Life in the United Kingdom: A guide for new residents, the official Home Office materials. Passing the Life in the UK test is a compulsory requirement for anyone wanting to live permanently in Britain or become a British citizen. This practical study guide makes preparing for the test a lot easier. The new edition includes: A new foreword from the German comedy ambassador to the UK, Henning Wehn Updated advice on specific question formats and clear advice on how to avoid common mistakes. Focus points to help target your studies. Completely revised practice tests, based on customer feedback and the direct experience of our editors. This means we offer accurate and up-to-date advice on what the test is really like. Clear and easy to understand diagrams illustrating complex topics. Key advice from successful students and FAQs. The 2019 edition includes advice on what to study, the kinds of questions to expect and unique study aids. Our appendices help students develop the comprehensive understanding they will need to pass the test. This book offers detailed advice on the types of question you will be asked in the official test. Purchasers also get a free subscription to online practice tests at www.lifeintheuk.net, along with up-to-date news and information. This book provides students with everything required to help them pass their test with confidence. The latest official materials Expert and independent study advice Practice questions, including a FREE subscription to www.lifeintheuk.net CD ROM test software containing hundreds of practice questions.
Res Ipsa Loquitur and Medical Negligence: A Comparative Survey analyses the application of the doctrine of res ipsa loquitur ('it speaks for itself') to medical negligence cases. The book aims to establish conclusively that the approach of the South African courts, that the doctrine should never find application in medical negligence cases, is untenable and out of touch with modern approaches adopted in other countries. Constitutional principles such as procedural equality, access to courts, access to health care, access to information, post-constitutional legislation, medical ethics and policy considerations are also discussed.
The book further provides a theoretical and practical legal framework for the application of the doctrine to medical negligence cases in South Africa in future. The authors argue for the application of the doctrine, not only in medical negligence cases, but also to related legal procedures that follow a medical accident such as medical inquests, criminal prosecutions and disciplinary inquiries instituted by the Health Professions Council of South Africa.
Res Ipsa Loquitur and Medical Negligence includes a comprehensive comparison of the practical application of the doctrine to medical negligence cases in South Africa, England and the United States of America.
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.
Foreign National Prisoners: law and practice is the first inter-disciplinary guide to the immigration law, prison law and false imprisonment aspects of legal challenges brought by foreign national prisoners and former prisoners (FNPs). The book provides a detailed analysis and critique of the case-law from the domestic, Strasbourg and Luxembourg courts; a comprehensive overview of the relevant legislation and prison and Home Office policies; and practical guidance. It includes the first detailed and practical guide to immigration detention for UK practitioners, including the first analysis of the consequences of R (Lumba and Mighty) v SSHD; comprehensive overview of prison law issues as they affect FNPS including categorisation, Home Detention Curfew, Early Removal, the management of mentally ill prisoners and repatriation; in-depth examination of the role of the best interests of the child in expulsion and detention cases involving minors, following the Supreme Court's judgment in ZH (Tanzania) v SSHD; analysis of the application of EU law protections for the third national family members of Citizens of the European Union following the judgments of the Grand Chamber of the CJEU in Zambrano and Dereci; detailed examination of the law and procedure of appeals in the Special Immigration Appeals Commission (SIAC). Foreign National Prisoners: law and practice also includes: comprehensive analysis of the law and practice of deportation under the UK Borders Act 2007; in-depth review of the law governing exclusion from and loss of Refugee Convention protection; thorough analysis of the application of EU law in expulsion cases involving EEA nationals and their family members (under the Citizens' Directive and the EEA Regs 2006); detailed review of exclusion from Humanitarian Protection and immigration status for FNPs who are not deported; comprehensive overview of the application of ECHR article 8 in criminal deportation cases; review of the principles governing awards of damages in false imprisonment cases. It is essential reading for immigration law and prison law practitioners and all those working with FNPs.
A robust defense of democratic populism by one of America's most renowned and controversial constitutional scholars-the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds-or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders' acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors' successes and profit from their mistakes, and sets up Ackerman's next volume, which will address how elites and insiders coopt and destroy the momentum of revolutionary movements.
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