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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
This is a concise and accessible introduction to fundamental rights
in Europe from the perspectives of history, theory and an analysis
of European jurisprudence. Taking a multidisciplinary approach, the
book equips readers with the tools to understand the foundations
and the functioning of this complex and multi-layered topic. Key
Features: A combination of historical and philosophical approaches
with analysis of significant legal cases A multidisciplinary
outlook, in contrast to the strict legal approach of most textbooks
on the subject A European perspective which refers throughout to
central European values such as freedom, equality, solidarity and
dignity A specific focus on fundamental rights, which have received
less attention in the fields of legal history and theory in
comparison to human rights This textbook will be an important
resource for both undergraduate and postgraduate students in law,
philosophy and political science. It will be particularly useful to
those studying the law of fundamental rights or human rights as a
complement to more traditional legal approaches.
What sort of methods are best suited to understanding
constitutional doctrines and practices? Should we look to lawyers
and legal methods alone, or should we draw upon other disciplines
such as history, sociology, political theory, and moral philosophy?
Should we study constitutions in isolation or in a comparative
context? To what extent must constitutional methods be sensitive to
empirical data about the functioning of legal practice? Can ideal
theory aid our understanding of real constitutions? This volume
brings together constitutional experts from around the world to
address these types of questions through topical events and
challenges such as Brexit, administrative law reforms, and the
increasing polarisations in law, politics, and constitutional
scholarship. Importantly, it investigates the ways in which we can
ensure that constitutional scholars do not talk past each other
despite their persistent - and often fierce - disagreements. In so
doing, it aims systematically to re-examine the methodology of
constitutional theory.
The concept of supranational European citizenship has become one of
the core concepts of the EU?s unique polity. It has, however, been
one of the most difficult to actualise. This book examines the
challenges of, and barriers to, exercising full citizenship rights
for European citizens and considers how they might best be
overcome. Drawing on cutting-edge research from interdisciplinary
areas of study, this book examines the key issues surrounding EU
citizenship. Reflecting on the diversity of European societies, it
identifies, analyses and compares the many barriers that citizens
face to fully exercising their rights. With chapters examining key
issues from migration to democratic governance and social rights,
Moving Beyond Barriers critically analyzes concepts of citizenship
and the way that EU citizenship is politically, legally,
economically and socially institutionalised, and elaborates
alternatives to the current paths of realising EU citizenship.
Citizenship issues feature prominently in the European
policy-making agenda and the insights offered by this book will be
of benefit to those with an interest in EU law, social and public
policy and administration. Policy-makers and practitioners will
also benefit from the reflections on citizenship and the practical
guidance on how to move beyond current issues regarding EU
citizenship. Contributors include: B. Anderson, W. Bakker, V.
Baricevic, F. Cheneval, S. de Vries, D. di Micco, O. Eberl, M.
Ferrin, M.-P. Granger, M. Hoogenboom, E. Ioriatti, T. Knijn, N.
Kosti, D. Levi-Faur, M. Naldini, M. Prak, E. Pulice, M.
Seeleib-Kaiser, S. Seubert, I. Shutes, M. van der Kolk, F. van
Waarden, S. Walker, P. Wallis
*Winner of the European Award for Investigative And Judicial
Journalism 2021* *Winner of the Premio Alessandro Leogrande Award
for Investigative Journalism 2022* 'I want to live in a society
where secret power is accountable to the law and to public opinion
for its atrocities, where it is the war criminals who go to jail,
not those who have the conscience and courage to expose them.' It
is 2008, and Stefania Maurizi, an investigative journalist with a
growing interest in cryptography, starts looking into the
little-known organisation WikiLeaks. Through hushed meetings,
encrypted files and explosive documents, what she discovers sets
her on a life-long journey that takes her deep into the realm of
secret power. Working closely with WikiLeaks' founder Julian
Assange and his organisation for her newspaper, Maurizi has spent
over a decade investigating state criminality protected by thick
layers of secrecy, while also embarking on a solitary trench
warfare to unearth the facts underpinning the cruel persecution of
Assange and WikiLeaks. With complex and disturbing insights,
Maurizi's tireless journalism exposes atrocities, the shameful
treatment of Chelsea Manning and Edward Snowden, on up to the
present persecution of WikiLeaks: a terrifying web of impunity and
cover-ups. At the heart of the book is the brutality of secret
power and the unbearable price paid by Julian Assange, WikiLeaks
and truthtellers.
Property Rights and Social Justice analyses 'progressive property'
in action by examining the role of constitutional property rights
guarantees in mediating private ownership and social justice. It
combines insights from property theory with enlightening doctrinal
analysis of the interaction between property rights and social
justice in the constitutional and broader legal context. It does so
through the prism of the Irish Constitution's property guarantees,
which uniquely in the English-speaking, common law world both
protect property rights and requires their regulation by the State
to secure social justice. Through this analysis, the book grounds
key debates in contemporary property theory in fresh, illuminating
doctrinal examples, and enhances global debates about the
constitutional protection of property rights. It argues that
primacy is perhaps inevitably afforded to political determinations
about the appropriate mediation of property rights and social
justice, meaning that the political impact of constitutionalisation
needs to be disentangled from its strict legal effects.
This book explains the past and present status of hate speech
regulations in Japan. The United States and European countries have
adopted different approaches to resolve their respective hate
speech problems. Both of them, however, continue to confront the
dilemma that freedom of speech and anti-racism are fundamental
values of human rights. Therefore, some scholars criticize the US
approach as too protective of freedom of speech, while other
scholars criticize the European approach as impermissibly violating
that freedom. Compared to these countries, Japan is unique in that
it does not criminalize hate speech and hate crime other than in
the recently enacted Kawasaki City Ordinance criminalizing some
kinds of hate speech. Japan basically relies on a comprehensive set
of non-regulative tools to suppress extreme hate speech. This
volume analyses Japanese hate speech laws and suggests a unique
distinctive model to strike a balance between both core values of
democracy.
Title 26 presents regulations, procedures, and practices that
govern income tax, estate and gift taxes, employment taxes, and
miscellaneous excise taxes as set forth by the Internal Revenue
Service. Additions and revisions to this section of the code are
posted annually by April. Publication follows within six months.
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