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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
Inquisitive and diverse, this innovative Research Handbook explores
the ways in which human rights apply to people at work, through
national constitutional provisions, judicial decisions and the
application of rights expressed in supranational instruments.
Analysing why certain human rights are deemed fundamental and how
they apply in the context of work, this expansive Research Handbook
highlights the gulf between the ideal applications of these rights
universally, and the increasing reality in the new economy that
these are rarely enforceable for employees in alternative forms of
employment. Established and emerging scholars provide perspectives
from countries across all continents, identifying issues of
prominence in their area of the globe. Probing workers' rights and
business obligations, the Research Handbook on Labour, Business and
Human Rights Law will be imperative reading for scholars and
students working within the fields of labour law, human rights, and
business ethics. This timely Research Handbook will also appeal to
lawyers, trade union officials and government affairs staff,
broadening their understanding of the laws and obligations
impacting their positions.
Since classical antiquity debates about tyranny, tyrannicide and
preventing tyranny's re-emergence have permeated governance
discourse. Yet within the literature on the global legal order,
tyranny is missing. This book creates a taxonomy of tyranny and
poses the question: could the global legal order be tyrannical?
This taxonomy examines the benefits attached to tyrannical
governance for the tyrant, considers how illegitimacy and fear
establish tyranny, asks how rule by law, silence and beneficence
aid in governing a tyranny. It outlines the modalities of tyranny:
scale, imperialism, gender, and bureaucracy. Where it is determined
that a tyranny exists, the book examines the extent of the right
and duty to effect tyrannicide. As the global legal order gathers
ever more power to itself, it becomes imperative to ask whether
tyranny lurks at the global scale.
'This collection is a timely survey of the role of constitutional
courts in comparative perspective - it provides an excellent
summary of developments in a range of jurisdictions, and locates
them in a broader social and political context. Among other
factors, it considers global trends toward increasing international
and regional human rights protection, increased recognition of
second and third generation rights, and trends toward
decentralization in democratic governance. It is bound to be of
broad interest to both comparative constitutional lawyers and
scholars.' - Rosalind Dixon, University of New South Wales,
Australia 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,
policy-makers 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. Contributors: J. Bell, E. Carolan, C. Chandrachud, A.
Kavanagh, C. Kelly, J. Lavapuro, T. Ojanen, M.-L. Paris, P.
Passaglia, A.R. Robledo, M. Rosenfeld, M. Scheinin, J. Stellios, R.
Uitz, M. Verdussen, M. Zagor
Data protection has become such an important area for law - and for
society at large - that it is important to understand exactly what
we are doing when we regulate privacy and personal data. This study
analyses European privacy rights focusing especially on the GDPR,
and asks what kind of legal personhood is presupposed in privacy
regulation today. Looking at the law from a deconstructive angle,
the philosophical foundations of this highly topical field of law
are uncovered. By analysing key legal cases in detail, this study
shows in a comprehensive manner that personhood is constructed in
individualised ways. With its clear focus on issues relating to
European Union law and how its future development will impact wider
issues of privacy, data protection, and individual rights, the book
will be of interest to those trying to understand current trends in
EU law.
Liberal concepts of democracy envision courts as key institutions
for the promotion and protection of democratic regimes. Yet social
science scholarship suggests that courts are fundamentally
constrained in ways that undermine their ability to do so.
Recognizing these constraints, this book argues that courts can
influence regime instability by affecting inter-elite conflict.
They do so in three ways: by helping leaders credibly reveal their
rationales for policy choices that may appear to violate legal
rules; by encouraging leaders to less frequently make decisions
that raise concerns about rule violations; and by encouraging the
opposition to accept potential rule violations. Courts promote the
prudent use of power in each of these approaches. This book
evaluates the implications of this argument using a century of
global data tracking judicial politics and democratic survival.
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.
The places in which refugees seek sanctuary are often as dangerous
and bleak as the conditions they fled. In response, many travel
within and across borders in search of safety. As part of these
journeys, refugees are increasingly turning to courts to ask for
protection, not from persecution in their homeland, but from a
place of 'refuge'. This book is the first global and comparative
study of 'protection from refuge' litigation, examining whether
courts facilitate or hamper refugee journeys with a particular
focus on gender. Drawing on jurisprudence from Africa, Europe,
North America and Oceania, Kate Ogg shows that courts have
transitioned from adopting robust ideas of refuge to rudimentary
ones. This trajectory indicates that courts can play a powerful
role in creating more just and equitable refugee protection
policies, but have, ultimately, compounded the difficulties
inherent in finding sanctuary, perpetuating global inequities in
refugee responsibility and rendering refuge elusive.
The book Intellectual Property Rights & Public Policy is rooted
in the fact that creativity and innovation have been hall mark of
knowledge economy. However despite there is an abundance of
innovative energies flowing in India a conducive ecosystem to
access to education, knowledge and health is far from reality.
Being TRIPS compliant country, the equitable and dynamic IP regime
with full potential of harnessing intellectual property for India's
economic growth, socio-cultural development and promotion of public
interest are distant goalposts. The pronouncement of National IPR
Policy spelt out the public policy orientation but the need to
create robust IP environment as stunning controversy thats spinning
out of control needs to hardly emphasized. The book is an erudite
compilation of renowned scholars in the field of intellectual
property having implication of moulding public policy discourse in
intellectual property law. The contributors of the volumes
luminates grey areas of research by drawing diverse perspectives
from academicians, judges and IP practitioners. The range of papers
diverse from jurisprudence of intellectual property to cyber law,
human right, access to food and medicine, biotechnology and law.
The book investigates prospects as well as the challenges by
encompassing theoretical and juridical dimensions in Indian
socio-legal context. The consequences of IP institutional failures
are unimaginable and pragmatic ending is unthinkable for any
vibrant nation like India. The book is never before seen
revelations and leading to a single impossible and inconceivable
truth of being panacea for plagued public policy diametric but
definitely an incredible collection in auguring healthy polemics of
knowledge management. To lend appropriate credence to the subject
the working of IP Laws and institutions is undertaken to hone out
the strategy of IP Law reform in public policy paradigm in India.
The outputs of the compilation can capture the attention of not
merely legal academics, policy makers, and legal profession but
also to IP practitioners, development planner and innovation
activists.
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