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Brings together the areas of law affecting the travelling community. This guide covers accommodation needs such as planning, site provision, homelessness and eviction as well as other issues impacting on the day to day lives of Gypsies and Travellers such as education, healthcare and race discrimination.
This book aims to extend the current research and debate in constitutional economics by using a positive economics approach. Born out of discontent with the current state in constitutional economics, this book presents an inquiry in the possibilities of a positive constitutional economics, and how societies choose their constitutional rules. Drawing on economics, the book examines the emergence of constitutions and how and why they change over time. The author proposes that model constitutions are based on, and backed by institutions which have developed spontaneously. He presents some predictions on the scope of constitutional change under various constitutional settings and factors which cause constitutional change. Stefan Voigt concludes that constitutional change is reconceptualized as the outcome of a bargaining game, in which changes reflect the altered bargaining power of the actors. This book will be welcomed by academics working in the fields of political economy, law and economics as well as those from the public choice and new institutional schools of thought.
Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These books provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them: `Aim Higher' and `Common Pitfalls' offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus Q&As and multiple-choice questions to help you focus your revision more effectively.
In this study of literature and law from the Constitutional founding through the Civil War, Hoang Gia Phan demonstrates how American citizenship and civic culture were profoundly transformed by the racialized material histories of free, enslaved, and indentured labor. Bonds of Citizenship illuminates the historical tensions between the legal paradigms of citizenship and contract, and in the emergence of free labor ideology in American culture. Phan argues that in the age of Emancipation the cultural attributes of free personhood became identified with the legal rights and privileges of the citizen, and that individual freedom thus became identified with the nation-state. He situates the emergence of American citizenship and the American novel within the context of Atlantic slavery and Anglo-American legal culture, placing early American texts by Hector St. John de Crevec ur, Benjamin Franklin, and Charles Brockden Brown alongside Black Atlantic texts by Ottobah Cugoano and Olaudah Equiano. Beginning with a revisionary reading of the Constitution's "slavery clauses," Phan recovers indentured servitude as a transitional form of labor bondage that helped define the key terms of modern U.S. citizenship: mobility, volition, and contract. Bonds of Citizenship demonstrates how citizenship and civic culture were transformed by antebellum debates over slavery, free labor, and national Union, while analyzing the writings of Frederick Douglass and Herman Melville alongside a wide-ranging archive of lesser-known antebellum legal and literary texts in the context of changing conceptions of constitutionalism, property, and contract. Situated at the nexus of literary criticism, legal studies, and labor history, Bonds of Citizenship challenges the founding fiction of a pro-slavery Constitution central to American letters and legal culture.
Recent decades have seen an increasing reliance on private military contractors (PMCs) to provide logistical services, training, maintenance, and combat troops. In Outsourcing War, Amy E. Eckert examines the ethical implications involved in the widespread use of PMCs, and in particular questions whether they can fit within customary ways of understanding the ethical prosecution of warfare. Her concern is with the ius in bello (right conduct in war) strand of just war theory.Just war theorizing is generally built on the assumption that states, and states alone, wield a monopoly on the legitimate use of force. Who holds responsibility for the actions of PMCs? What ethical standards might they be required to observe? How might deviations from such standards be punished? The privatization of warfare poses significant challenges because of its reliance on a statist view of the world. Eckert argues that the tradition of just war theory-which predates the international system of states-can evolve to apply to this changing world order. With an eye toward the practical problems of military command, Eckert delves into particular cases where PMCs have played an active role in armed conflict and derives from those cases the modifications necessary to apply just principles to new agents in the landscape of war.
The process of European integration is at a crossroads. As the Union becomes larger in terms of members, the institutional structures and decision making procedures will have to change in order for it to make policy initiatives. To meet these challenges, the Union will need an effective institutional and constitutional structure which must be both democratic and acceptable to its citizens. This major book evaluates recent developments, considers the present situation and assesses the prospects for the future of the European Union. A wide variety of institutional and constitutional issues are addressed, with special attention being paid to three main topics; decision making and including a critique of attempts to analyse European decision making using traditional power indices and a discussion of the different procedures laid down in the comitology decision; federal structures, with an analysis of the politics of European federalism among other issues; institutional change which compares the relative merits of enlarging or deepening the Union, suggesting a fifth freedom by a single European market for governments and discussing non-technical aspects of legislation in the European Union. Constitutional Law and Economics of the European Union will of interest to policymakers, academics and students of European economic and political affairs and institutional and constitutional structures.
Medushevsky examines constitutionalism in Russia from Tsarist times to the present. He traces the different attitudes to constitutionalism in political thought, and in practice, at different periods, showing how the balance between authoritarianism and liberalism has shifted. In addition, he discusses the importance of constitutional developments for societies in transition, and concludes that post-communist constitutional development in Russia is still far from complete. As an empirical resource, Russian Constitutionalism takes a longer historical view than other books on this topic, and it also goes further than this in its interpretive approach, providing a greater understanding of Russian constitutionalism.
Who determines the fuel standards for our cars? What about whether Plan B, the morning-after pill, is sold at the local pharmacy? Many people assume such important and controversial policy decisions originate in the halls of Congress. But the choreographed actions of Congress and the president account for only a small portion of the laws created in the United States. By some estimates, more than ninety percent of law is created by administrative rules issued by federal agencies like the Environmental Protection Agency and the Department of Health and Human Services, where unelected bureaucrats with particular policy goals and preferences respond to the incentives created by a complex, procedure-bound rulemaking process. With Bending the Rules, Rachel Augustine Potter shows that rule making is not the rote administrative activity it is commonly imagined to be but rather an intensely political activity in its own right. Because rule making occurs in a separation of powers system, bureaucrats are not free to implement their preferred policies unimpeded: the president, Congress, and the courts can all get involved in the process, often at the bidding of affected interest groups. However, rather than capitulating to demands, bureaucrats routinely employ "procedural politicking," using their deep knowledge of the process to strategically insulate their proposals from political scrutiny and interference. Tracing the rulemaking process from when an agency first begins working on a rule to when it completes that regulatory action, Potter show how bureaucrats use procedures to resist interference from Congress, the President, and the courts at each stage of the process. This influence reveals that unelected bureaucrats wield considerable influence over the direction of public policy in the United States.
How and why has solidarity changed over time? Why have particular strategies, tactics, and strands of internationalism emerged or re-emerged at particular moments? And how has solidarity shaped the history of the US left in particular? In Solidarity, Steve Striffler addresses these key questions, offering the first history of US-Latin American solidarity from the Haitian Revolution to the present day. Striffler traces the history of internationalism through the Cold War, exploring the rise of human rights as the dominant current of international solidarity. He also considers the limitations of a solidarity movement today that inherited its organisational infrastructure from the human rights movements. Moving beyond conventionally ahistorical analyses of solidarity, here Striffler provides a distinctive intervention in the history of progressive politics in both the US and Latin America, the past and present of US imperialism and anti-imperialism, and the history of human rights and labour internationalism.
Complete Public Law is supported by clear author commentary, choice extracts, and useful learning features. The explanations and examples in this textbook have been crafted to help students hone their understanding of land law. The Complete titles are ambitious in their scope; they've been carefully developed with teachers to offer law students more than just a presentation of the key concepts. Instead they offer a complete package. Only by building on the foundations of the subject, by showing how the law works, demonstrating its application through extracts from cases and judgments, and by giving students the tools and the confidence to think critically about the law will they gain a complete understanding. This book is accompanied by the following online resources: - Updates from the authors to help students keep up-to-date with this fast-moving subject - Multiple choice questions with instant feedback to allow students to test themselves - Bonus chapter: 'A case study: human rights, terrorism, and public law principles' - A library of weblinks and advice on which websites students should use when planning their own research - A flashcard glossary of key terms - A timeline of key events in public law
Public law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of public law is one of loss. What function and future can public law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance? The contributions to this volume take stock of the idea, concepts, and values of public law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general. Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of public law, the nature of private law and the relationship between the public, the private, and the concept of law. The second part focuses on the domains, values, and functions of public law in contemporary (state) legal practice, as seen, in part, through its relationship with private domains, values, and functions. The final part engages with the new legal scholarship on global transformation, analysing the changes in public law at the national level, including the new forms of interpenetration of public and private in the market state, as well as exploring the ubiquitous use of public law values and concepts beyond the state.
This collection of essays offers a comprehensive amendment-by-amendment, clause-by-clause account of the Bill of Rights' recent transmutation. The essays are based on the assumption that to understand the Bill of Rights today, one must both understand the original meaning of the amendments and explore the history, theory and practice behind those amendments. The book suggests that the provisions of the Bill of Rights have been subjected to greater interpretative revision by the Supreme Court than other parts of the Constitution. It should be of interest not only to lawyers and law and political science students, but to anyone with an interest in the ongoing interpretation of the Bill of Rights.
This book presents the first detailed history of the modern passport and why it became so important for controlling movement in the modern world. It explores the history of passport laws, the parliamentary debates about those laws, and the social responses to their implementation. The author argues that modern nation-states and the international state system have 'monopolized the 'legitimate means of movement',' rendering persons dependent on states' authority to move about - especially, though not exclusively, across international boundaries. This new edition reviews other scholarship, much of which was stimulated by the first edition, addressing the place of identification documents in contemporary life. It also updates the story of passport regulations from the publication of the first edition, which appeared just before the terrorist attacks of 9/11, to the present day.
More than merely describing the evolution of human rights and civil liberties law, this classic textbook provides students with detailed and thought-provoking coverage of the most crucial developments in the field, clearly explaining the law in context and practice. Updated throughout for this new edition, Fenwick on Civil Liberties and Human Rights considers a number of recent major changes in the law - in particular proposals to replace the Human Rights Act with a British Bill of Rights, and the Counter-Terrorism and Security Act 2015 - whilst also contextualising the impact of reforms on hate speech and contempt due to advances in new media. Comprehensive and authoritative, this textbook offers an essential resource for students on human rights or civil liberties courses, as well as a useful reference for students and scholars of UK Public Law.
Should prisoners have voting rights? Should terminally ill patients have a right to assisted suicide? Should same-sex couples have a right to marry and adopt? The book examines how such questions can be resolved within the framework of the European Convention of Human Rights. 'European consensus' is a tool of interpretation used by the European Court of Human Rights as a means to identify evolution in the laws and practices of national legal systems when addressing morally sensitive or politically controversial human rights questions. If European consensus exists, the Court can establish new human rights standards that will be binding across European states. The chapters of the book are structured around three themes: a) conceptualisation of European consensus, its modus operandi and its effects; b) critical evaluation of its legitimacy and of its outputs; c) comparison with similar methods of judicial interpretation in other legal systems.
This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarize readers with the style, technique, and language of the Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.
In 1958 Mildred Jeter and Richard Loving, two young lovers from Caroline County, Virginia, got married. Soon they were hauled out of their bedroom in the middle of the night and taken to jail. Their crime? Loving was white, Jeter was not, and in Virginia--as in twenty-three other states then--interracial marriage was illegal. Their experience reflected that of countless couples across America since colonial times. And in challenging the laws against their marriage, the Lovings closed the book on that very long chapter in the nation's history. "Race, Sex, and the Freedom to Marry" tells the story of this couple and the case that forever changed the law of race and marriage in America.
The story of the Lovings and the case they took to the Supreme Court involved a community, an extended family, and in particular five main characters--the couple, two young attorneys, and a crusty local judge who twice presided over their case--as well as such key dimensions of political and cultural life as race, gender, religion, law, identity, and family. In "Race, Sex, and the Freedom to Marry," Peter Wallenstein brings these characters and their legal travails to life, and situates them within the wider context--even at the center--of American history. Along the way, he untangles the arbitrary distinctions that long sorted out Americans by racial identity--distinctions that changed over time, varied across space, and could extend the reach of criminal law into the most remote community. In light of the related legal arguments and historical development, moreover, Wallenstein compares interracial and same-sex marriage.
A fair amount is known about the saga of the Lovings and the historic court decision that permitted them to be married and remain free. And some of what is known, Wallenstein tells us, is actually true. A detailed, in-depth account of the case, as compelling for its legal and historical insights as for its human drama, this book at long last clarifies the events and the personalities that reconfigured race, marriage, and law in America.
Religion and the State in American Law provides a comprehensive and up-to-date overview of religion and government in the United States, from historical origins to modern laws and rulings. In addition to extensive coverage of the religion clauses of the First Amendment, it addresses many statutory, regulatory, and common-law developments at both the federal and state levels. Topics include the history of church-state relations and religious liberty, religion in the classroom, and expressions of religion in government. This book also covers the role of religion in specific areas of law such as contracts, taxation, employment, land use regulation, torts, criminal law, and domestic relations as well as in specialized contexts such as prisons and the military. Accessible to the general as well as the professional reader, this book will be of use to scholars, judges, practising lawyers, and the media.
Governments across the globe have begun evolving from lumbering bureaucracies into smaller, more agile special jurisdictions - common-interest developments, special economic zones, and proprietary cites. Private providers increasingly deliver services that political authorities formerly monopolized, inspiring greater competition and efficiency, to the satisfaction of citizens-qua-consumers. These trends suggest that new networks of special jurisdictions will soon surpass nation states in the same way that networked computers replaced mainframes. In this groundbreaking work, Tom W. Bell describes the quiet revolution transforming governments from the bottom up, inside-out, worldwide, and how it will fulfill its potential to bring more freedom, peace, and prosperity to people everywhere.
Primeras constituciones nacionales y declaraciones de independencia.
Constitucion vigente de Colombia de 1991 con las reformas de 1993, 1995, 1996, 1997, 1999, 2000, 2001, 2002, 2003, 2004 y 2005.
La Constitucion Politica de la Republica de Chile de 1980 es el texto constitucional actualmente vigente en Chile. Fue aprobada en un plebiscito el 11 de septiembre de 1980. La Constitucion del 1980 establecio un sistema presidencialista de gobierno, creo un consejo de Seguridad Nacional, presidido por el primer mandatario e integrado por los comandantes en jefe de las Fuerzas Armadas, el presidente del Senado y el presidente de la Corte Suprema de Justicia. Dicho plebiscito fue y sigue siendo cuestionado por las irregularidades formales que se dieron durante su celebracion.
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