|
Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
Title 17 presents regulations governing commodities and securities
exchanges. It includes the rules of Commodity Futures Trading
Commission, the Securities and Exchange Commission, and the
Department of the Treasury.
The Founding Fathers wrote the Constitution at a level sufficiently
general to guide lawmaking while avoiding great detail. This
four-page document has guided the United States of America for more
than two centuries. The Supreme Court has parsed the document into
clauses, which plaintiffs and defendants invoke in cases or
controversies before the Court. Some, like the Interstate Commerce
Clause, are central to the survival of a government of multiple
sovereignties. The practice of observing case precedents allows
orderly development of the law and consistent direction to the
lower courts. The Court itself claimed the final power of judicial
review, despite efforts to the contrary by the executive and
legislative branches of the national government and the state
supreme courts. The Court then limited its own awesome power
through a series of self-imposed rules of justiciability. These
rules set the conditions under which the Court may exercise the
extraordinary final power of judicial review. Some of these
self-imposed limits are prudential, some logical, and some inviting
periodic revision. This book examines the detailed unfolding of
several Constitutional clauses and the rules of justiciability. For
each clause and each rule of justiciability, the book begins with
the brilliant foundations laid by Chief Justice John Marshall, then
to the anti-Federalist era, the Civil War, the dominance of laissez
faire and social Darwinism, the Great Depression redirection, the
civil rights era, and finally the often-hapless efforts of Chief
Justice Rehnquist.
The invasion of Iraq in 2003, and the Coalition Government's
failure to win parliamentary approval for armed intervention in
Syria in 2013, mark a period of increased scrutiny of the process
by which the UK engages in armed conflict. For much of the media
and civil society there now exists a constitutional convention
which mandates that the Government consults Parliament before
commencing hostilities. This is celebrated as representing a
redistribution of power from the executive towards a more
legitimate, democratic institution. This book offers a critical
inquiry into Parliament's role in the war prerogative since the
beginning of the twentieth century, evaluating whether the UK's
decisions to engage in conflict meet the recognised standards of
good governance: accountability, transparency and participation.
The analysis reveals a number of persistent problems in the
decision-making process, including Parliament's lack of access to
relevant information, government 'legalisation' of parliamentary
debates which frustrates broader discussions of political
legitimacy, and the skewing of debates via the partial public
disclosure of information based upon secret intelligence. The book
offers solutions to these problems to reinvigorate parliamentary
discourse and to address government withholding of classified
information. It is essential reading for anyone interested in war
powers, the relationship between international law and domestic
politics, and the role of the Westminster Parliament in questions
of national security.
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.
Mark Tushnet presents a concise yet comprehensive overview of free
expression law, understood as a form of constitutional law.
Confronting the major issues of free expression - speech critical
of government, libel law, hate speech regulation, and the emerging
challenges posed by new technologies - he evaluates the key
questions and potential difficulties for future generations.
Contrasting the United States with current law in Europe and
elsewhere, Tushnet argues that freedom of expression around the
world should reflect deference to legislative judgements, unless
those judgements reflect inadequate deliberation or bias, and that
much of the existing free expression law is consistent with this
view. Key features include: Comprehensible for both students of law
and non-specialist readers interested in freedom of expression from
a legal perspective Viewpoints from multiple legal systems
including analysis of decisions made by the US Supreme Court and
the European Court of Human Rights Explains the two legal doctrinal
structures: categorical, rule-bound approaches and standards-based
approaches List of key references for further reading, allowing
readers to extend their knowledge of the topic past the advanced
introduction. This Advanced Introduction will be an essential
foundational text for students of law, as well as those from a
political science background who can view freedom of expression
from a legal perspective.
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.
When we discuss constitutional law, we usually focus on the
constitutional rules that apply to what the government does. Far
less clear are the constitutional rules that apply to what the
government says. When does the speech of this unusually powerful
speaker violate our constitutional rights and liberties? More
specifically, when does the government's expression threaten
liberty or equality? And under what circumstances does the
Constitution prohibit our government from lying to us? In The
Government's Speech and the Constitution, Professor Helen Norton
investigates the variety and abundance of the government's speech,
from early proclamations and simple pamphlets, to the electronic
media of radio and television, and ultimately to today's digital
age. This enables us to understand how the government's speech has
changed the world for better and for worse, and why the
government's speech deserves our attention, and at times our
concern.
Twenty Years at Hull House, by the acclaimed memoir of social
reformer Jane Addams, is presented here complete with all
sixty-three of the original illustrations and the biographical
notes. A landmark autobiography in terms of opening the eyes of
Americans to the plight of the industrial revolution, Twenty Years
at Hull House has been applauded for its unflinching descriptions
of the poverty and degradation of the era. Jane Addams also details
the grave ill-health she suffered during and after her childhood,
giving the reader insight into the adversity which she would
re-purpose into a drive to alleviate the suffering of others. The
process by which Addams founded Hull House in Chicago is detailed;
the sheer scale and severity of the poverty in the city she and
others witnessed, the search for the perfect location, and the
numerous difficulties she and her fellow activists encountered
while establishing and maintaining the house are detailed.
This book evaluates the national implementation of the United
Nations Convention on the Rights of Persons with Disabilities
(CRPD) in ASEAN. Working with country-specific research teams, the
contributors compiled detailed case-studies of CRPD implementation
in each country in ASEAN. This book presents a detailed overview of
the problem, the relevant literature, and the conceptual framework,
and then it explores the implementation of the CRPD in each of the
ten countries in Southeast Asia. Details include the factors that
influenced each country to ratify the CRPD, the focal point
structure of implementation, the independent mechanism established
to monitor the implementation, and the civil society organizations
involved. This book also evaluates the implications of CRPD
implementation for human rights and development in ASEAN, including
the degree of institutionalized support for persons with
disabilities, the development objectives of the CRPD against the
strategic objectives of the ASEAN economic community and the
broader ASEAN community, and the way these developments compare
with those in other countries and regions. Working with
country-specific research teams, the editors compiled detailed
case-studies of CRPD implementation on each country in ASEAN. This
book presents a detailed overview of the problem and the relevant
literature. The contributors also offer conclusions on the research
and national and ASEAN-level recommendations for moving forward.
This collection analyses the place and the functioning of
interparliamentary cooperation in the EU composite constitutional
order, taking into account both the European and the national
dimensions. The chapters join the recent scholarship on the role of
parliaments in the EU after the Treaty of Lisbon.The aim of this
volume is to highlight the constitutional significance of
interparliamentary cooperation as a permanent feature of EU
democracy and as a new parliamentary function as well as to
investigate the practical side of this relatively new phenomenon.
To this end the contributors are academics and parliamentary
officials from all over Europe. The volume discusses the
developments in interparliamentary cooperation and its implications
for the organisation and procedures of national parliaments and the
European Parliament, for the fragmented executive of the EU, and
for the democratic legitimacy of the overall EU composite
Constitution. These issues are examined by looking at the European
legislative process, the European Semester and the Treaty
revisions. Moreover, the contributions take into account the
effects of interparliamentary cooperation on the internal structure
of parliaments and analyse the different models of
interparliamentary cooperation, ie from COSAC to the new
Interparliamentary Conference on Stability, Economic Coordination
and Governance in the European Union provided by the Fiscal
Compact.
|
|