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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
This book explores the relationship between truth and freedom in
the free press. It argues that the relationship is problematic
because the free press implies a competition between plural ideas,
whereas truth is univocal. Based on this tension the book claims
that the idea of a free press is premised on an epistemological
illusion. This illusion enables society to maintain that the world
it perceives through the press corresponds to the world as it
actually exists, explaining why defenders of the free press
continue to rely on its capacity to discover the truth, despite
economic conditions and technological innovations undermining much
of its independence. The book invites the reader to reconsider the
philosophical foundations, constitutional justifications, and
structure and functions of the free press, and whether the
institution can, in fact, realise both freedom and truth. It will
be of great interest to anyone concerned in the role and value of
the free press in the modern world.
Increased diversity and shifting social identities have created
significant effects on contemporary legislative systems. These
shifts have altered how legislative bodies conduct, implement, and
pass various policies and bills. Impacts of Faith-Based Decision
Making on the Individual-Level Legislative Process: Emerging
Research and Opportunities is an innovative source of scholarly
material on the religious influences of modern society on marital
law. Including perspectives on topics such as same-sex marriage,
religious values, and bill sponsorship, this book is ideally
designed for researchers, academics, professionals, graduate
students, and policy makers interested in the latest developments
on legislative decision making.
This volume tackles contemporary problems of legal accommodation of
diversity in Europe and recent developments in the area in diverse
European legal regimes. Despite professing the motto Unity in
Diversity Europe appears to be struggling with discord rather than
unity. Legal discussions reflect a crisis when it comes to matters
of migration, accommodation of minorities and dealing with the
growing heterogeneity of European societies. This volume
illustrates that the current legal conundrums stem from European
oscillation between, on the one hand, acknowledging the need of
accommodation, and, on the other, the tendencies to preserve
existing legal traditions. It claims that these opposite tendencies
have led Europe to the edge of pluralism. This 'edge', just as the
linguistic interpretation of the word 'edge', carries multiple
meanings conveying a plethora of problems encountered by law when
dealing with diversity. The authors attempt to explore and
illustrate these multiple edges of pluralism tracing back their
origins and examining the contemporary legal conundrums they have
led to. The volume encourages the readers to explore whether there
are fundamental problems with approaches to diversity and if so can
they be rescued from their current precarious position. It asks
whether Europe at the edge is truly capable to unite in diversity
and develop a constructive approach to its growing pluralism. The
book is aimed at academics, practitioners and students focusing
their work on contemporary problems of diversity, multiculturalism
and accommodation of migrants as well as everybody interested in
the area.
"Since the fall of the Berlin wall there has been a surprising
dearth of high quality of scholarship on legal culture in the
communist successor states of East Central Europe. In this
excellent book Barbara Havelkova engages with the reversal of many
of the advances the socialist period made in gender relations,
examining the historical roots of the current failure of Czech law
to engage with the discriminatory practices that have negatively
affected the lives of women. She does this by a forensic excavation
of law, discourses and practices of the socialist era revealing the
patriarchal assumptions underpinning them that became deeply
embedded in Czech legal culture, and that have been carried forward
to the present day. The book is a compelling read. It provides
answers to many of the questions that have perplexed feminists
about the post-soviet transition and at the same time speaks more
generally to the debates surrounding the troubling rightward shift
in the politics of the communist successor states of Europe."
Professor Judith Pallot, President of the British Association for
Slavonic and East European Studies "In Gender Equality in Law:
Uncovering the Legacies of Czech State Socialism, Barbara Havelkova
offers a sober and sophisticated socio-legal account of gender
equality law in Czechia. Tracing gender equality norms from their
origins under state socialism, Havelkova shows how the dominant
understanding of the differences between women and men as natural
and innate combined with a post-socialist understanding of rights
as freedom to shape the views of key Czech legal actors and to
thwart the transformative potential of EU sex discrimination law.
Havelkova's compelling feminist legal genealogy of gender equality
in Czechia illuminates the path dependency of gender norms and the
antipathy to substantive gender equality that is common among the
formerly state-socialist countries of Central and Eastern Europe.
Her deft analysis of the relationship between gender and legal
norms is especially relevant today as the legitimacy of gender
equality laws is increasingly precarious." Professor Judy Fudge,
Kent Law School Gender equality law in Czechia, as in other parts
of post-socialist Central and Eastern Europe, is facing serious
challenges. When obliged to adopt, interpret and apply
anti-discrimination law as a condition of membership of the EU,
Czech legislators and judges have repeatedly expressed hostility
and demonstrated a fundamental lack of understanding of key ideas
underpinning it. This important new study explores this scepticism
to gender equality law, examining it with reference to legal and
socio-legal developments that started in the state-socialist past
and that remain relevant today. The book examines legal
developments in gender-relevant areas, most importantly in equality
and anti-discrimination law. But it goes further, shedding light on
the underlying understandings of key concepts such as women,
gender, equality, discrimination and rights. In so doing, it shows
the fundamental intellectual and conceptual difficulties faced by
gender equality law in Czechia. These include an essentialist
understanding of differences between men and women, a notion that
equality and anti-discrimination law is incompatible with freedom,
and a perception that existing laws are objective and neutral,
while any new gender-progressive regulation of social relations is
an unacceptable interference with the 'natural social order'.
Timely and provocative, this book will be required reading for all
scholars of equality and gender and the law.
There are many challenges that national and supranational judges
have to face when fulfilling their roles as guardians of
constitutionalism and human rights. This book brings together
academics and judges from different jurisdictions in an endeavour
to uncover the intricacies of the judicial function. The
contributors discuss several points that each represent
contemporary challenges to judging: analysis of judicial balancing
of conflicting considerations; the nature of courts' legitimacy and
its alleged dependence on public support; the role of judges in
upholding constitutional values in the times of transition to
democracy, surveillance and the fight against terrorism; and the
role of international judges in guaranteeing globally recognized
fundamental rights and freedoms. This book will be of interest to
human rights scholars focusing on the issues of judicial oversight,
as well as constitutional law scholars interested in comparative
perspectives on the role of judges in different contexts. It will
also be useful to national constitutional court judges, and law
clerks aiming to familiarise themselves with judicial practices
within other jurisdictions. Contributors: A. Abat i Ninet, E.
Afsah, C. Ayala, A. Barak, O. Bassok, D.T. Bjoergvinsson, W.
Hoffmann-Riem, D. Hope, D. Jenkins, H. Krunke, TJ McIntyre, M.
Scheinin, B. Tuzmukhamedov, G. Ulfstein, A. Usacka
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