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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
Myanmar's Constitution of 2008 was the 'road map' for the reform
process that began in 2011. Despite extensive criticism of this
Constitution for its emphasis on the role of the military, much
progress has been made towards constitutional government and law
reform. With the election of the opposition NLD to government in
the general election of November 2015 and the presidential
electoral college election of March 2016,now is the time to
consider the Constitution, and prospects and needs for
constitutional change as Myanmar moves towards democracy and the
rule of law. Much has been made of the Constitution's rigidity,
which is seen as an obstacle to reform and inconsistent with
embracing the rule of law, human rights and multi-party democracy,
especially with a rapidly transforming state and society.
Nonetheless, the Constitution is also seen as having potential to
be a very positive force for reform. Many issues arise now for
constitutionalism and constitutional change: presidency; federalism
and territorial governance; the status of minorities and freedom of
religion; civil liberties in what is described as a
'discipline-flourishing democracy'; the courts, justice and the
rule of law; the electoral system; and many more. This book is an
attempt to gauge the extent and potential for the entrenchment of
constitutionalism in Myanmar in a rapidly changing environment.
Title 40 presents regulations governing care of the environment
from the 14 subchapters of Chapter I and from the provisions
regarding the Council on Environmental Quality found in Chapter V.
Programs addressing air, water, pesticides, radiation protection,
and noise abatement are included. Practices for waste and toxic
materials disposal and clean-up are also prescribed. Additions and
revisions to this section of the code are posted annually by July.
Publication follows within six months.
Title 47 presents regulations impacting equipment, carrier
services, broadcast radio services, safety and special radio
services, and policies related to national security. Additions and
revisions to this section of the code are posted annually by
October. Publication follows within six months.
Title 16 presents regulations governing commercial practices and
covers product-specific bans, standards, and requirements; policy
on imported products, importers, and foreign manufacturers; export
of non-complying, misbranded, or banned products; and commission
notification of foreign government. Additions and revisions to this
section of the code are posted annually by January. Publication
follows within six months.
"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
'A most welcome book on the most neglected of topics by a
pioneering team of interdisciplinary scholars. The volume
illuminates the rendering asunder of the borders that previously
protected personal information, even when the individual was in
''public'' and helps us see the muddying of the simple distinction
between public and private. The book asks what public and private
mean (and should mean) today as smart phones, embedded sensors and
related devices overwhelm the barriers of space, time, physicality,
and inefficiency that previously protected information. This
collection offers a needed foundation for future conceptualization
and research on privacy in literal and virtual public spaces. It
should be in the library of anyone interested in the social, policy
and ethical implications of information technologies.' - Gary T.
Marx, Massachusetts Institute of Technology 'How we should think
about privacy in public spaces in a world of artificial
intelligence and ubiquitous sensors is among the most interesting
and pressing questions in all of privacy studies. This edited
volume brings together some of Europe and America's finest minds to
shed theoretic and practical light on a critical issue of our
time.' - Ryan Calo, University of Washington 'The deepest conundrum
in the privacy world-especially, in light of the internet of other
people's things-is perhaps the notion of privacy in public.
Unraveling this practically Kantian antinomy is the ambitious aim
of this important new collection. Together and apart, this
intriguing assemblage of scientists, social scientists,
philosophers and lawyers interrogate subjects ranging from
conceptual distinctions between ''space'' and ''place'' and the
social practice of ''hiding in plain sight'', to compelling ideas
such as ''privacy pollution'' and the problem of ''out-of-body
DNA''. With this edited volume, the team from TILT has curated a
convincing account of the importance of preserving privacy in
increasingly public spaces.' - Ian Kerr, University of Ottawa,
Canada With ongoing technological innovations such as mobile
cameras, WiFi tracking, drones, and augmented reality, aspects of
citizens' lives are becoming increasingly vulnerable to intrusion.
This book brings together authors from a variety of disciplines
(philosophy, law, political science, economics, and media studies)
to examine privacy in public space from both legal and regulatory
perspectives. The contributors explore the contemporary challenges
to achieving privacy and anonymity in physical public space at a
time when legal protection remains limited in comparison to
`private' space. To address this problem, the book clearly
demonstrates why privacy in public space needs defending. Different
ways of conceptualizing and shaping such protection are explored,
for example through `privacy bubbles', obfuscation and surveillance
transparency, as well as by revising the assumptions underlying
current privacy laws. Scholars and students who teach and study
issues of privacy, autonomy, technology, urban geography and the
law and politics of public spaces will be interested in this book.
Contributors include: M. Brincker, A. Daly, A.M. Froomkin, M.
Galic, J.M. Hildebrand, B.-J. Koops, M. Leta, K. Mause, M.
Nagenborg, B.C Newell, A.E. Scherr, T. Timan, S.B. Zhao
Constitutional courts around the world play an increasingly central
role in day-to-day democratic governance. Yet scholars have only
recently begun to develop the interdisciplinary analysis needed to
understand this shift in the relationship of constitutional law to
politics. This edited volume brings together leading scholars of
constitutional law and politics to provide a comprehensive overview
of judicial review, covering theories of its creation, mechanisms
of its constraint, and its comparative applications, including
theories of interpretation and doctrinal developments. This book
serves as a single point of entry for legal scholars and
practitioners interested in understanding the field of comparative
judicial review in its broader political and social context. This
book's comparative and interdisciplinary accounts of a phenomenon
of worldwide significance and its advanced introduction to the
origins, functions, and contours of judicial review make it both
accessible and indispensable. Comparative Judicial Review should be
considered essential reading for every graduate student, early
career scholar, and constitutional law professor seeking to become
more comparative in their approach. Contributors include: K.J.
Alter, S.G. Calabresi, W.-C. Chang, E.F. Delaney, R. Dixon, L,
Esptein, T. Ginsburg, J. Greene, A. Harel, R. Hirschl, S.
Issacharoff, V. Jackson, T. Jacobi, R.A. Kagan, D. Kapiszewski, J.
Knight, D. Landau, Y.-L. Lee, H. Lerner, S. Mittal, T. Roux, W.
Sadurski, A. Shinar, G. Silverstein, K. Stilt, Y. Tew, M. Versteeg,
S. Waheedi, B.R. Weingast, E. Zackin
The contributions to this book analyse and submit to critique
authoritarian constitutionalism as an important phenomenon in its
own right, not merely as a deviant of liberal constitutionalism.
Accordingly, the fourteen studies cover a variety of authoritarian
regimes from Hungary to Apartheid South Africa, from China to
Venezuela; from Syria to Argentina, and discuss the renaissance of
authoritarian agendas and movements, such as populism, Trumpism,
nationalism and xenophobia. From different theoretical perspectives
the authors elucidate how authoritarian power is constituted,
exercised and transferred in the different configurations of
popular participation, economic imperatives, and imaginary
community. Authoritarian Constitutionalism is of great interest to
teachers, scholars and students of comparative constitutional law,
comparative politics, and legal and political theory. Contributors
include: H. Alviar Garcia, D. Davis, M.W. Dowdle, O. El Manfalouty,
G. Frankenberg, R. Gargarella, J. Gonzalez Jacome, D. Kennedy, E.
Merieau, S. Newton, N. Spaulding, N. Sultany, M. Wilkinson, H.
Yamamoto
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