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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
With the widespread knowledge and use of e-government, the intent and evaluation of e-government services continues to focus on meeting the needs and satisfaction of its citizens. E-Government Services Design, Adoption, and Evaluation is a comprehensive collection of research on assessment and implementation of electronic/digital government technologies in organizations. This book aims to supply academics, practitioners and professionals with the understanding of e-government and its applications and impact on organizations around the world.
This two-volume set is a collection of articles that elucidate the theory, practice, legal innovations, and codification experience of the Law of Personality Rights in China. The Law of Personality Rights was enacted in China in May 2020, the first time that a Law has been legislated as an independent part of the Civil Code of the People's Republic of China and an unprecedented step in protecting the personality rights of citizens. The first volume examines the legal and theoretical basis for the Law as a standalone part of the Civil Code as well as practical issues including institutional arrangements, the relationship between human rights and personality rights and the relationship with laws on tort liability, as well as those pertaining to marriage and the family. The second volume explains the design and innovations of the Law and proposes suggestions to refine it through evaluation of the attributes of personality rights and the draft laws. The volumes will be an essential reference for scholars and students studying civil law, continental law, Chinese law, and the legal protection of personality rights.
Effective governance is a crucial aspect of all modern nations. Through various collaborative efforts and processes, nations can enhance their current governance systems. The Handbook of Research on Sub-National Governance and Development is a pivotal reference source for the latest scholarly material on the intersection between local and national politics, analyzing how this relationship affects nations' economy and administration. Highlighting theoretical foundations and real-world applications, this book is ideally designed for professionals, academics, students, and practitioners actively involved in the fields of public policy and governance.
The volume explores the marked differences between the complex and
rapidly changing legal organization of EU external relations and
the EU's 'internal' constitutional order.
View the Table of Contents. "[A] comprehensive and brilliant book from both a historical and
analytical perspective. Drawing from the lessons of history,
Alexander Tsesis shows persuasively the relevance of the Thirteenth
Amendment to a wide range of the social and economic issues
currently facing America, and he offers highly creative arguments
that support the use of congressional power under the Thirteenth
Amendment as a potent and effective means of meeting and resolving
these issues." "Tsesis vigorously presents a set of arguments that are rarely
found in the conventional legal literature. . . . an interesting
and challenging book." "For those looking for arguments to revitalize and expand the
use of the Thirteenth Amendment, this is an interesting piece of
advoacacy." .,."audacious and original. He (Tsesis) offers a blueprint as to
how desperately needed reforms...can come about." "Alexander Tsesis's invigorating reevaluation of the Thirteenth
Amendment agrees with many Lincoln Republicans that it embraced the
Declaration of Independence." "This book deserves applause because it illuminates in a new and
stimulating way methods for repairing the harm done by racist
rhetoric, hate crimes, and the newest forms of slavery." .,."a challenging and nicely written book that will teach
well." "In this interesting study, Alexander Tsesis argues for an
expansive view of the Thirteenth Amendment, presenting it as an
effort to permanently abolish all the incidents and badges of
slavery in America, including both governmentally and privately
sponsered forms of oppression against former slaves and
others." In this narrative history and contextual analysis of the Thirteenth Amendment, slavery and freedom take center stage. Alexander Tsesis demonstrates how entrenched slavery was in pre-Civil War America, how central it was to the political events that resulted in the Civil War, and how it was the driving force that led to the adoption of an amendment that ultimately provided a substantive assurance of freedom for all American citizens. The story of how Supreme Court justices have interpreted the Thirteenth Amendment, first through racist lenses after Reconstruction and later influenced by the modern civil rights movement, provides insight into the tremendous impact the Thirteenth Amendment has had on the Constitution and American culture. Importantly, Tsesis also explains why the Thirteenth Amendment is essential to contemporary America, offering fresh analysis on the role the Amendment has played regarding civil rights legislation and personal liberty case decisions, and an original explanation of the substantive guarantees of freedom for today's society that the Reconstruction Congress envisioned over a century ago.
The free movement of persons and services are key elements, alongside the free movement of goods and capital, in the fundamental freedoms which underpin the European internal market. In recent years two key themes have emerged from the case law of the European Court of Justice. The first is convergence in the case law on the free movement of goods, persons, and services in order to ensure the operation of the internal market through the prohibition of discrimination and the outlawing of unjustified obstacles to free movement. The second is the case law on the rights which flow from the introduction of citizenship of the European Union, which offer constitutional rights for individuals. The tensions between these two lines of authority can be explained through a fresh approach to the analysis and synthesis of the Treaty rules and secondary legislation of the European Community, and of the case law of the European Court of Justice on free movement of persons and services. This approach is based on distinguishing between those rules which relate mainly to the regulation of business activities in the internal market, and those which are mainly concerned with individual rights for citizens of the European Union. The result is a detailed overview of the law relating to workers, establishment, and services in the EU in this modern context.
Conflict is the essence of civil liberty. Individual or group rights are rarely, if ever, willingly bestowed without a struggle. From the day that King John was forced at Runnymede to recognize that his barons had certain prerogatives to the present era, when racial minorities, women, and gays and lesbians fight for a place at the table, the din of political, judicial, and sometimes violent battle echoes through the United States. And yet, are the law of freedom of speech and the law of equality truly on a collision course? Henry Louis Gates, Jr., has written that the strongest argument for regulating speech is the unreflective stupidity of most of the arguments for the other side - the tendency of those "who invoke the First Amendment mantra, and seem immediately to fall into a trance, oblivious to further argument and evidence". In an attempt to move past such rote recitations, this volume brings together such thinkers as Sylvia Law, Martin Redish, Ira Glasser, Randall Kennedy, Susan Deller Ross, and Wendy Kaminer to engage in a free-ranging conversation about this very issue. Focusing on the flashpoint topics of abortion clinic violence, workplace harassment, and hate crimes/hate speech, the contributors illustrate ways that we might get beyond the reflexivity that has dictated much of the debate around speech and equality.
"Whether you agree or disagree with preventive detention as a tactic in the war against terrorism, you will find this book compelling and informative. If preventive detention is to be employed it must surely be done within the law and subject to open accountability. The criteria must be clear and the procedures must assure fairness. This book sets out a balanced and moderate proposal that is worthy of serious consideration." - Prof. Alan M. Dershowitz, Harvard University and author of Preemption: A Knife That Cuts Both Ways "Stephanie Blum has written a thoughtful, well documented, and responsible analysis of the legal and policy issues bearing on the sensitive subject of preventive detention of terrorist suspects. The book will not command universal assent, but is an excellent contribution to the public debate over an issue of transcendent importance to national security and civil liberties." - Judge Richard Posner, United States Court of Appeals for the Seventh Circuit "Terrific We need a system that can better help us mitigate threats, and a strong and reasoned legal basis to deal with terror suspects. Stephanie Blum gives us a great start." - Colonel (Retired) Britt Mallow, former Commander, DoD Criminal Investigation Task Force
Examining the United States Supreme Court's actual use of legislative history in statutory interpretation, distills the theoretical issues presented by the Court's practices, then analyzes those issues in light of the arguments of several leading theorists. Often, after determining that the statutory text is ambiguous or produces absurd results, the Court looks to legislative history for guidance, saying nothing more than, "The legislative history indicates that Congress intended ..." in order to justify its use of legislative history. This simple statement opens a theoretical thicket of issues about whether a corporate body like a legislature is capable of holding intentions, whether such intentions are actually discoverable, what relation legislative history has to legislative intentions, and what deference must be afforded to either legislative history or legislative intentions. This text separates the utility and usability of legislative history from theories based on legislative intention. Rather than basing an argument for using legislative history on legislative intention, the book argues that legislative history conveys a certain degree of expertise and/or provides certain contextual information about the subject matter of the statute. Legislative history may also be authoritative as a matter of judicial precedent; that is, legislative history may be authoritative because judges have said so in published opinions. In reaching this conclusion, this book follows Joseph Raz and argues that the only legislative intentions that may be identified and deemed legally authoritative as a matter of general theory are minimal intentions relating to the enactment of a particular text as a legally authoritative statute within a particular legal system. This approach - justifying the Court's discretionary use of legislative history without reference to legislative intention - accounts for and undermines most of the major objections to using legislative history, such as objections based on the theoretical problems surrounding legislative intentions, objections based on the perceived unconstitutionality of relying on legislative history, and objections based on its frequent illegality.
The Court of Justice of the European Union has exclusive jurisdiction over European Union law and holds a broad interpretation of these powers. This, however, may come into conflict with the jurisdiction of other international courts and tribunals, especially in the context of so-called mixed agreements. While the CJEU considers these 'integral parts' of EU law, other international courts will also have jurisdiction in such cases. This book explores the conundrum of shared jurisdiction, analysing the international legal framework for the resolution of such conflicts, and provides a critical and comprehensive analysis of the CJEU's far-reaching jurisdiction, suggesting solutions to this dilemma. The book also addresses the special relationship between the CJEU and the European Court of Human Rights. The unique interaction between these two bodies raises fundamental substantive concerns about overlaps of jurisdiction and interpretation in the courts. Conflicts of interpretation manage largely to be avoided by frequent cross-referencing, which also allows for much cross-fertilization in the development of European human rights law. The link between these two courts is the subject of the final section of the book.
The authors examine developments in labor standards in global supply chains over the past thirty years, analyzing factors that create challenges and opportunities for improving working conditions. They illustrate the complex dynamics within and among key groups, including brands, suppliers, governments, workers and consumers. Using extended examples from China, Honduras, Bangladesh and the United States, as well as new quantitative evidence, the authors analyze stakeholders and mechanisms that create or obstruct opportunities for improving labor rights. They evaluate key clusters of actors and their interests in order to comprehensively map the complex interactions and relationships that make up global supply chains. Original data and analyses, including four in-depth case studies, present a systematic evaluation of the points of leverage for changing labor standards in sectors including apparel, footwear, and electronics. This exciting new contribution to a burgeoning field of study will benefit scholars of labor rights and human rights, as well as students with an interest in labor and working conditions. It also presents critical information for political scientists, NGOs, and practitioners looking to effect change in working conditions and learn more about key players in the global economy.
This book is a topical study of populist constitutionalism and illiberal democracies,exploring their roots in constitutional imagination as well as their normativeentrenchment and performance in political reality. It provides insightful analysis ofrepublican constitutionalism, focusing on the role of people in radical democracyand revolutionary constitutional reform. Furthermore, the outlook, adequacyand performance of constitutional principles in times of democratic ruptures areassessed. The contributors examine the rise of populist constitutionalism and themain trends that have led to the current, ongoing crises in liberal democracy. Thebook includes original analyses of populist constitutionalism from the viewpointof emotions and constitutional imagination, as well as a special chapter devotedto the challenges posed to constitutional democracy by COVID-19. Combiningtheoretical contributions, comparative typologies and important case studies, thespread of populism and illiberal democracy in Europe is critically explored.Populist Constitutionalism and Illiberal Democracies is a timely contribution to thelively discussion surrounding constitutional law, comparative constitutional law,comparative constitutionalism and political science regarding the rise and spreadof illiberal democracies, authoritarian political regimes and revolutionary, radicaldemocratic and populist constitutionalism.
Attitudes Aren't Free: Thinking Deeply about Diversity in the US Armed Forces emerged from a vision to collect essays from the brightest voices of experts across the range of contentious social issues to catalyze productive discussions between military members of all ranks and services. Forty-nine experts contributed to the following 29 chapters writing on the primary themes of religious expression, homosexuality, gender, race, and ethics. Chapters appearing in this volume passed the scrutiny of a double-blind peer-review by one or more referees from the board of reviewers. The chapters are largely written in a colloquial, intellectual op-ed fashion and capture a "snapshot" of the current discussions regarding a particular topic of interest to uniformed personnel, policy makers, and senior leaders. Each section seeks to frame the spectrum of perspectives captured within the current debates and lines of argument. Authors were specifically asked not to address all sides of the issue, but rather to produce a well-reasoned argument explaining why they believe their well-known position on an issue is in the best interests of the military members and make specific recommendations about how best to address the policy issues from their perspective. The volume is arranged in four primary sections by theme: Religious Expression, Homosexuality, Race and Gender, and Social Policy Perspectives. Within each section, readers will find multiple chapters-each embracing a different perspective surrounding the section's theme. Thus, because of the unbalanced nature of many of the individual chapters, it is critically important that readers focus on the entire spectrum of perspectives presented within a section to ensure they have the context necessary to frame any single perspective. Diversity of opinion has been the hallmark of the United States since its dramatic birth in 1776 and has continued unfettered through today where we now have developed the most innovative and effective military the world has ever known. Thus, it is imperative that we continue to reflect upon the diversity of ideas about how best to formulate the "right" social policy to ensure our service members can most effectively execute their missions.
Title 5 presents the rules and regulations governing civil service and other employees of the executive branch departments and agencies. The 77 chapters cover the scope of procedures by organizational entity. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.
Classicists and lawyers alike will find this a fascinating study that shows how certain principles of Athenian maritime law are still imbedded in the modern international law of maritime commerce. Cohen has made a unique and substantial contribution to our understanding of the Athens of Plato, Aristotle and Demosthenes. Athens was the dominant maritime power in the West from the eighth to fourth centuries BCE. Athenian preeminence insured that its maritime law was accepted throughout the Mediterranean world. Indeed, its influence outlasted Athens and is the only area of classical Greek law that wasn't replaced entirely by Roman models. Codified during the Roman period in the Rhodian Sea laws, it went on to influence the subsequent development of European commercial and maritime law. Using both ancient and secondary sources, Cohen explores the development of Athenian maritime law, the jurisdiction and procedure of the courts and the Athenian principles that have endured to the present day. He successfully treats the much-discussed problem of why they were termed "monthly" and describes how "supranationality" was a feature of all Hellenic maritime law. He goes on to show how their jurisdiction was limited ratione rerum, not ratione personarum, because a legally defined "commercial class" did not exist in Athens at this time. Edward E. Cohen, an attorney with a Ph.D. in Classics, is both distinguished historian of Classical Greece, Professor of Ancient History (adjunct) at the University of Pennsylvania and the Chief Executive Officer of Atlas America, a producer and processor of natural gas. His other books include Athenian Economy and Society: A Banking Perspective (1992) and The Athenian Nation (2000). "Cohen's competence in the history of law, his own experience as a practicising lawyer with a Ph.D. in Classics, and his belief that in the principles of Greek maritime commerce reside "the germinal cells of the complex modern international law of maritime commerce" (p. 5), ought to have won for this book a much wider audience than it is likely to have. (...) As the most detailed treatment of Athenian maritime law Cohen's valuable book must be given a place beside the important contributions of his predecessors, Paoli, Calhoun, and Gernet.": Ronald S. Stroud, American Journal of Legal History 19 (1975) 71. " A] learned and precise examination of certain terms and procedures associated in the fourth century B.C. with lawsuits that arose out of Athenian maritime commerce. (...) Argumentation throughout is responsible. Cohen knows the sources and has read critically in a wide range of secondary material. The book is a valuable addition to our understanding of a comparatively little known area of Athenian law.": Alan L. Boegehold, The Classical World 69, No. 3 (Nov., 1975) 214.
This title, a second edition of Currie & Klaaren's The promotion of administrative Justice Act Benchbook, is a commentary on the PAJA, written to assist the judges, magistrates, lawyers and administrators who are required to interpret and implement the Act. The aim is principally to describe the impact of the Act on the body of law that it codifies and reforms or, to put it another way, to describe the difference that the PAJA makes to administrative law. The PAJA has become the legislative foundation of the general administrative law of South Africa. Though analysis of an administrative-law issue will not end with the Act, it certainly must begin with it - with attention to and interpretation of the Act's provisions. This title therefore aims at providing the Act's interpreters with guidance on this process of interpretation, rather than to cover South African administrative law comprehensively.
Nowhere today is constitutional law more avidly debated and studied than in the 12 post-Soviet republics known as the Commonwealth of Independent States (CIS). Drawing on past experience as well as on European, American and Asian models, the constitutions of these countries have a great deal to tell the legal scholar about how the independent states of the post-Cold-War world understand the transition to a market economy. This text contains English translations which accurately present the current (1999) constitutional laws of all 12 CIS countries. The author and translator - himself active as an adviser on constitutional reform in several of these states - has taken care to establish the most authentic sources through an investigation of the existing documents and through personal interviews. From a great mass of confusing and often contradictory material in a dozen languages, he has assembled a coherent collection of documents that allows us to see the lineaments of constitutional law at a crucial stage of development in this fast-changing region of great economic significance. |
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