Your cart is empty
Tom Bingham (1933-2010) was the 'greatest judge of our time' (The Guardian), a towering figure in modern British public life who championed the rule of law and human rights inside and outside the courtroom. The Business of Judging collects Bingham's most important writings during his period in judicial office before the House of Lords. The papers collected here offer Bingham's views on a wide range of issues, ranging from the ethics of judging to the role of law in a diverse society. They include his reflections on the main contours of English public and criminal law, and his early work on the incorporation of the European Convention on Human Rights and reforming the constitution. Written in the accessible style that made The Rule of Law (2010) a popular success, the book will be essential reading for all those working in law, and an engaging inroad to understanding the role of the law and courts in public life for the general reader.
The Irish parliament was both the scene of frequent political battles and an important administrative and legal element of the state machinery of early modern Ireland. This institutional study looks at how parliament dispatched its business on a day-to-day basis. It takes in major areas of responsibility such as creating law, delivering justice, conversing with the executive and administering parliamentary privilege. Its ultimate aim is to present the Irish parliament as one of many such representative assemblies emerging from the feudal state and into the modern world, with a changing set of responsibilities that would inevitably transform the institution and how it saw both itself and the other political assemblies of the day. -- .
This book provides a retrospective and prospective analysis of the Lobbying Disclosure Act (LDA) on its 20th anniversary. It begins with a historical summary of citizens right to petition, the connection between the right to petition and lobbying, and the regulation of contact between citizens and government in the United States. The book then examines contemporary issues that might affect lobbying and citizens right to petition government; and provides analysis of potential options for congressional action should Congress consider amending provisions of the LDA. Moreover, the book provides a brief history and description of the provisions of federal law restricting employment opportunities and activities of federal employees after they leave the service of the executive or legislative branches of the federal government.
This innovative textbook provides an introduction into comparative constitutional law to undergraduate and graduate students. Combining a clear and practical explanation of the topics with scientific knowledge, the textbook analyzes the origins and the development of constitutional law in the Western world, as well as the structure and transformations of constitutional law, up to the present day. It also examines the theoretical roots and the historical premises of constitutionalism, and explores the foundation of constitutional law in Western countries since the Age of Revolutions and the 19th Century, underlining the different constitutional traditions. Furthermore, the textbook describes the transformations of constitutional law brought about by the transition toward pluralistic societies, and analyzes the political and legal features of constitutional democracies, taking into consideration the lessons learned in several constitutional environments in contemporary states. It also discusses the global expansion of the pattern of Western constitutionalism and the contemporary challenges in the age of globalization, focusing on the development of a European constitutional space.
Twenty years after President Clinton's impeachment proceedings, talk of impeachment is again in the air. But what are the grounds for impeaching a sitting president? Who is subject to impeachment? Is impeachment effective as a safeguard against presidential misconduct? What challenges does today's highly partisan political climate pose to the impeachment process, and what, if any, meaningful alternatives are there for handling presidential misconduct? For more than twenty years, The Federal Impeachment Process has served as the most complete analysis of the constitutional and legal issues raised in every impeachment proceeding in American history. Impeachment, Michael J. Gerhardt shows, is an inherently political process designed to expose and remedy political crimes--serious breaches of duty or injuries to the Republic. Subject neither to judicial review nor to presidential veto, it is a unique congressional power that involves both political and constitutional considerations, including the gravity of the offense charged, the harm to the constitutional order, and the link between an official's misconduct and duties. For this third edition, Gerhardt updates the book to cover cases since President Clinton, as well as recent scholarly debates. He discusses the issues arising from the possible impeachment of Donald Trump, including whether a sitting president may be investigated, prosecuted, and convicted for criminal misconduct or whether impeachment and conviction in Congress is the only way to sanction a sitting president; what the "Emoluments Clause" means and whether it might provide the basis for the removal of the president; whether gross incompetence may serve as the basis for impeachment; and the extent to which federal conflicts of interest laws apply to the president and other high ranking officials. Significantly updated, this book will remain the standard work on the federal impeachment process for years to come.
In this first textbook on international and European disability law and policy, Broderick and Ferri analyse the interaction between different legal systems and sources. Guided by the global legal standards of the CRPD, students are equipped with the necessary background on disability, and are given a comprehensive overview of the legal and policy frameworks on disability. The narrative maintains the balance between theory and practice, focusing on the legal framework and challenges in the realm of policy-making, and ensuring that students are aware of current legal debates and controversial issues in the field. Accommodating different learning styles, the book employs a range of accessible features which include learning outcomes for each chapter, problem questions, group activities, extracts from legal debates and more. Including case studies and examples from around the world, this book has a truly global perspective, suitable for introductory and advanced modules in law departments, as well as interdisciplinary courses.
?This book tackles the issue of individual rights within the Polish constitutional system. It begins by asking why the horizontal effect of individual rights was not contemplated in Polish jurisprudence until the 1980s, and why it is not expressly addressed in the Polish Constitution despite the proposal of a relevant clause during the drafting process. Through extensive research, the author finds that the decision to abandon this clause was done on purpose, therefore nothing stands in the way of incorporating the horizontal application of constitutional rights into the framework of the Polish Constitution. The author then analyzes the regulation of individual rights and freedoms in Poland's constitution to determine whether the document covers rights or freedoms that may have a horizontal dimension. Further chapters then seek to determine what practical form the direct application of the constitution may take when examining the horizontal dimension of constitutional rights; the scope of the horizontal application of constitutional rights and the related issue of the collision of constitutional rights; and the three basic models for the horizontal operation of individual rights to determine their applicability within the Polish constitutional system. In different countries, these models are applied in a parallel and complementary manner. This book makes available to English-speaking readers the inner workings of Polish jurisprudence and their effect on individual rights legislation beyond the boundaries of Poland.
The lawyers and legal commentators who contribute to We Dissent unanimously agree that during Chief Justice William Rehnquist's nineteen-year tenure, the Supreme Court failed to adequately protect civil liberties and civil rights. This is evident in majority opinions written for numerous cases heard by the Rehnquist Court, and eight of those cases are re-examined here, with contributors offering dissents to the Court's decisions. The Supreme Court opinions criticized in We Dissent suggest that the Rehnquist Court placed the interests of government above the people, and as the dissents in this book demonstrate, the Court strayed far from our constitutional ideals when it abandoned its commitment to the protection of the individual rights of Americans.
Each chapter focuses on a different case--ranging from torture to search and seizure, and from racial profiling to the freedom of political expression--with contributors summarizing the case and the decision, and then offering their own dissent to the majority opinion. For some cases featured in the book, the Court's majority decisions were unanimous, so readers can see here for the first time what a dissent might have looked like. In other cases, contributors offer alternative dissents to the minority opinion, thereby widening the scope of opposition to key civil liberties decision made by the Rehnquist Court.
Taken together, the dissents in this unique book address the pressing issue of Constitutional protection of individual freedom, and present a vision of constitutional law in the United States that differs considerably from the recent jurisprudence of the United States Supreme Court.
Contributors: Michael Avery, Erwin Chemerinsky, Marjorie Cohn, Tracey Maclin, Eva Paterson, Jamin Raskin, David Rudovsky, Susan Kiyomi Serrano, and Abbe Smith.
The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.
In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers' right to strike. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court. At the height of the New Deal, many liberals opposed the ACLU's litigation strategy, fearing it would legitimize a judiciary they deemed too friendly to corporations and too hostile to the administrative state. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence--often understood as a triumph for the Left--was in fact a calculated bargain. America's civil liberties compromise saved the courts from New Deal attack and secured free speech for labor radicals and businesses alike. Ever since, competing groups have clashed in the arena of ideas, shielded by the First Amendment.
It was a time, much like today, when Americans feared for the future of their democracy and women stood up for equal treatment. At the crossroads of the Watergate scandal and the women's movement stood a young lawyer named Jill Wine Volner (as she was then known), barely thirty years old and in charge of some of the most important prosecutions of high-ranking White House officials. Called "the mini-skirted lawyer" by the press, she fought to receive the respect accorded her male counterparts - and prevailed. In The Watergate Girl, Jill Wine-Banks takes us inside this troubled time in American history, and it is impossible to read about the crimes of Richard Nixon and the people around him without drawing parallels to today's headlines. The book is also the story of a young woman who sought to make her professional mark while trapped in a failing marriage, buffeted by sexist preconceptions, and harboring secrets of her own that kept her on a knife-edge. Her house was burgled, her phones were tapped, and even her office garbage was rifled through. At once a cautionary tale and an inspiration for those who believe in the power of justice and the rule of law, The Watergate Girl is a revelation about our country, our politics, and our society.
The period from the fifteenth century to the late eighteenth century was one of critical importance to British constitutionalism. Although the seeds were sown in earlier eras, it was at this point that the constitution was transformed to a system of representative parliamentary government. Changes at the practical level of the constitution were accompanied by a wealth of ideas on constitutions written from different - and often competing - perspectives. Hobbes and Locke, Harrington, Hume, and Bentham, Coke, the Levellers, and Blackstone were all engaged in the constitutional affairs of the day, and their writings influenced the direction and outcome of constitutional thought and development. They treated themes of a universal and timeless character and as such have established themselves of lasting interest and importance in the history of constitutional thought. Examining their works we can follow the shaping of contemporary ideas of constitutions, and the design of constitutional texts. At the same time major constitutional change and upheaval were taking place in America and France. This was an era of intense discussion, examination, and constitution-making. The new nation of the United States looked to authors such as Locke, Hume, Harrington, and Sydney for guidance in their search for a new republicanism, adding to the development of constitutional thought and practice. This collection includes chapters examining the influences of Madison, Hamilton, Jefferson, and Adams. In France the influence of Rousseau was apparent in the revolutionary constitution, and Sieyes was an active participant in its discussion and design. Montesquieu and de Maistre reflected on the nature of constitutions and constitutional government, and these French writers drew on, engaged with, and challenged the British and American writers. The essays in this volume reveal a previously unexplored dynamic relationship between the authors of the three nations, explaining the intimate connection between ruler and ruled.
Rarely does the Supreme Court reverse itself as quickly and profoundly as it did in recent campaign finance cases, with the Citizens United decision of 2010 undoing the constraints of the McCain-Feingold Act upheld in McConnell v. Federal Election Commission (2003). And rarely have the stakes seemed so high, as billionaires vie for elected office and dark money floods political campaigns. In timely fashion, this new edition updates Melvin Urofsky's classic study of campaign finance law, bringing his cogent analysis of the relevant statutes and court cases up to date. Urofsky explains in clear and convincing language what was - and is - at stake in the twists and turns of campaign finance laws taken up by the nation's highest court in the past decades. Beginning with Buckley v. Valeo (1976) and moving through McConnell, Citizens United, and finally McCutcheon v. Federal Election Commission (2014), Urofsky discusses the two principles at issue in these cases: freedom of political speech, and the protection of the political process from undue influence. Conventional wisdom holds that in such cases liberals want greater restrictions and conservatives want corporations to have greater freedom to influence voters. But working from a rich store of primary sources, probing the motivations and ideas of all participants in the campaign finance legal story, Urofsky reveals a far more complex picture, one whose significance transcends simple political ideologies. In a time of controversies over political speech in the blogosphere, social media, and cable news, and claims of electoral fraud, The Campaign Finance Cases offers a much-needed, balanced account of how issues critical to American democracy figure in the adjudication of campaign finance law, and how a changing political and media landscape might alter the process.
The electoral successes of right-wing populists since 2016 have unsettled world politics. The spread of populism poses dangers for human rights within each country, and also threatens the international system for protecting human rights. Human Rights in a Time of Populism examines causes, consequences, and responses to populism in a global context from a human rights perspective. It combines legal analysis with insights from political science, international relations, and political philosophy. Authors make practical recommendations on how the human rights challenges caused by populism should be confronted. This book, with its global scope, international human rights framing, and inclusion of leading experts, will be of great interest to human rights lawyers, political scientists, international relations scholars, actors in the human rights system, and general readers concerned by recent developments.
This supplement brings the principal text current with recent developments in the law.
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume II of this series deals with contract formation and contracts for the benefit of third parties in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, Vietnam, Cambodia, Thailand, Indonesia, and Myanmar. Typically, each jurisdiction is covered in two chapters; the first deals with contract formation, while the second deals with contracts for the benefit of third parties.
The first book-length study of civil rights litigation from the late 1960s through the early 1980s, Race Relations Litigation in an Age of Complexity fills a void in the scholarly literature on American courts and poltics in the post Brown versus Board of Education era.
The first book-length study of civil rights litigation from the late 1960s through the early 1980s, Race Relations Litigation in an Age of Complexity fills a void in the scholarly literature on American courts and poltics in the post Brown versus Board of Education era.
How does EU internal market law, in particular the rules on free movement and competition, apply to private regulation? What issues arise if a bar association were to regulate advertising; when a voluntary product standard impedes trade; or when a sporting body restricts the cross-border transfer of a football player? Covering the EU's free movement and competition rules from a general and sector-specific angle, focusing specifically on the legal profession, standard-setting, and sports, this book is the first systematic study of EU economic law in areas where private regulation is both important and legally controversial. Mislav Mataija discusses how the interpretation of both free movement and competition rule adapts to the rise of private regulation, and examines the diminishing relevance of the public/private distinction. As private regulators take on increasingly important tasks, the legal scrutiny over their measures becomes broader and moves towards what Mataija describes as 'regulatory autonomy.' This approach broadly disciplines, but also recognizes the legitimacy of private regulators; granting them an explicit margin of discretion and focusing on governance and process considerations rather than on their impact on trade and competition. The book also demonstrates how the application of EU internal market law fits in the context of strategic attempts by the EU institutions to negotiate substantive reforms in areas where private regulation is pervasive. Surveying recent case law of the Court of Justice of the European Union and the practice of the European Commission, Mataija demonstrates how EU internal market law is used as a control mechanism over private regulators.
The Westminster parliament is a highly visible political institution, and one of its core functions is approving new laws. Yet Britain's legislative process is often seen as executive-dominated, and parliament as relatively weak. As this book shows, such impressions can be misleading. Drawing on the largest study of its kind for more than forty years, Meg Russell and Daniel Gover cast new light on the political dynamics that shape the legislative process. They provide a fascinating account of the passage of twelve government bills - collectively attracting more than 4000 proposed amendments - through both the House of Commons and House of Lords. These include highly contested changes such as Labour's identity cards scheme and the coalition's welfare reforms, alongside other relatively uncontroversial measures. As well as studying the parliamentary record and amendments, the study draws from more than 100 interviews with legislative insiders. Following introductory chapters about the Westminster legislative process, the book focuses on the contribution of distinct parliamentary 'actors', including the government, opposition, backbenchers, select committees, and pressure groups. It considers their behaviour in the legislative process, what they seek to achieve, and crucially how they influence policy decisions. The final chapter reflects on Westminster's influence overall, showing this to be far greater than commonly assumed. Parliamentary influence is asserted in various different ways - ranging from visible amendments to more subtle means of changing government's behaviour. The book's findings make an important contribution to understanding both British politics and the dynamics of legislative bodies more broadly. Its readability and relevance will appeal to both specialists and general readers with interests in politics and law, in the UK and beyond.
This book offers a topical inquiry into the legal and political limits of EU regulation in the field of risk and new technologies surrounded by techno-scientific complexity, uncertainty, and societal contestation. It uses agricultural biotechnology as a paradigmatic example to illustrate the complex intertwinement between environmental, public health, economic and social concerns in risk regulation. Weimer analyses the drawbacks of the EU approach to agricultural biotechnology showing that its reductionism, i.e. the narrow understanding of GMO risks as well as the exclusion of broader societal concerns related to environmental and social sustainability, has undermined both the legitimacy and effectiveness of EU regulation in this area. Resistance to this approach however has also triggered legal innovations prompting us to re-think EU internal market law, including the way in which it manages the tensions between unity and diversity, and between social and economic concerns. This text offers fresh and original insights into how far the EU can go in harmonizing regulatory approaches to risk. At the same time, it proposes new ways of re-thinking EU risk regulation to make it more responsive to different perspectives on risk and technology. A unique feature of this book is that it contributes to various strains of scholarship including risk regulation, internal market law, public administration, and studies of governance and regulation, as well as connecting these themes to broader debates about the legitimacy of European integration and new ways of differentiated integration. As a result it assists in re-imagining the EU internal market and its regulation as a site of diversity.
On the night of September 6, 2011, terror called at the Amish home of the Millers. Answering a late-night knock from what appeared to be an Amish neighbor, Mrs. Miller opened the door to her five estranged adult sons, a daughter, and their spouses. It wasn't a friendly visit. Within moments, the men, wearing headlamps, had pulled their frightened father out of bed, pinned him into a chair, and--ignoring his tearful protests--sheared his hair and beard, leaving him razor-burned and dripping with blood. The women then turned on Mrs. Miller, yanking her prayer cap from her head and shredding it before cutting off her waist-long hair. About twenty minutes later, the attackers fled into the darkness, taking their parents' hair as a trophy for their community.
Four similar beard-cutting attacks followed, disfiguring nine victims and generating a tsunami of media coverage. While pundits and late-night talk shows made light of the attacks and poked fun at the Amish way of life, FBI investigators gathered evidence about troubling activities in a maverick Amish community near Bergholz, Ohio--and the volatile behavior of its leader, Bishop Samuel Mullet.
Ten men and six women from the Bergholz community were arrested and found guilty a year later of 87 felony charges involving conspiracy, lying, and obstructing justice. In a precedent-setting decision, all of the defendants, including Bishop Mullet and his two ministers, were convicted of federal hate crimes. It was the first time since the 2009 passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act that assailants had been found guilty for religiously motivated hate crimes within the same faith community.
"Renegade Amish" goes behind the scenes to tell the full story of the Bergholz barbers: the attacks, the investigation, the trial, and the aftermath. In a riveting narrative reminiscent of a true crime classic, scholar Donald B. Kraybill weaves a dark and troubling story in which a series of violent Amish-on-Amish attacks shattered the peace of these traditionally nonviolent people, compelling some of them to install locks on their doors and arm themselves with pepper spray.
The country's foremost authority on Amish society, Kraybill spent six months assisting federal prosecutors with the case against the Bergholz defendants and served as an expert witness during the trial. Informed by trial transcripts and his interviews of ex-Bergholz Amish, relatives of Bishop Mullet, victims of the attacks, Amish leaders, and the jury foreman, "Renegade Amish" delves into the factors that transformed the Bergholz Amish from a typical Amish community into one embracing revenge and retaliation.
Kraybill gives voice to the terror and pain experienced by the victims, along with the deep shame that accompanied their disfigurement--a factor that figured prominently in the decision to apply the federal hate crime law. Built on Kraybill's deep knowledge of Amish life and his contacts within many Amish communities, "Renegade Amish" highlights one of the strangest and most publicized sagas in contemporary Amish history.
International human rights law is sometimes criticized as an infringement of constitutional democracy. Against this view, Jamie Mayerfeld argues that international human rights law provides a necessary extension of checks and balances and therefore completes the domestic constitutional order. In today's world, constitutional democracy is best understood as a cooperative project enlisting both domestic and international guardians to strengthen the protection of human rights. Reasons to support this view may be found in the political philosophy of James Madison, the principal architect of the U.S. Constitution. The Promise of Human Rights presents sustained theoretical discussions of human rights, constitutionalism, democracy, and sovereignty, along with an extended case study of divergent transatlantic approaches to human rights. Mayerfeld shows that the embrace of international human rights law has inhibited human rights violations in Europe whereas its marginalization has facilitated human rights violations in the United States. A longstanding policy of "American exceptionalism" was a major contributing factor to the Bush administration's use of torture after 9/11. Mounting a combination of theoretical and empirical arguments, Mayerfeld concludes that countries genuinely committed to constitutional democracy should incorporate international human rights law into their domestic legal system and accept international oversight of their human rights practices.
You may like...
North Carolina Guide to Animal Services…
Aimee N. Wall, Christopher Tyner Paperback R1,271 Discovery Miles 12 710
Undoing delict: The South African Law of…
Anton Fagan Paperback
Juvenile Justice Reinvestment Act…
Jacquelyn Greene Paperback R332 Discovery Miles 3 320
Scott on cession: A treatise on the law…
Susan Scott Paperback
Class Action - In Search of a Larger…
Charles Abrahams Paperback
Administrative Justice in South Africa…
Geo Quinot Paperback R1,263 Discovery Miles 12 630
The Bill Of Rights Handbook
I Currie, J.De Waal Paperback (8)
North Carolina Sentencing Handbook with…
James M. Markham, Shea Riggsbee Denning Paperback R841 Discovery Miles 8 410
A Case for the American People - The…
Norman Eisen Hardcover
2019 Cumulative Supplement to North…
Jessica Smith, James M. Markham Paperback R1,288 Discovery Miles 12 880