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

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.

While the ancient Greeks and Romans are seldom studied in the modern American polity, their societies possessed distinct civic virtues and standards of excellence that formed the basis of the United States. The authors argue that the Founders and Framers of the U.S. created a nation based on the juxtaposition of ancient principles, which helped cultivate a population of civic minded, excellent citizens. The history of the U.S. is far from perfect, but the idea of America, at its origin, was revolutionary. In modern times, however, the authors argue that the American people are forgetting what it means to be American. The decline of both civic virtue and standards of excellence in today's America is responsible for the rise of poor political leadership. Under President Donald Trump, America's ability to maintain peace throughout the world, known as Pax Americana, was deteriorated, which worsened the integrity, stability, and longevity of the country. While many scholars have attempted to explain the rise of Trump, the authors argue that if American citizens want to know how Trump rose to power, they need only look into a mirror.

The UK's engagement with the legal protection of human rights at a European level has been, at varying stages, pioneering, sceptical and antagonistic. The UK government, media and public opinion have all at times expressed concerns about the growing influence of European human rights law, particularly in the controversial contexts of prisoner voting and deportation of suspected terrorists as well as in the context of British military action abroad. British politicians and judges have also, however, played important roles in drafting, implementing and interpreting the European Convention on Human Rights. Its incorporation into domestic law in the Human Rights Act 1998 intensified the ongoing debate about the UK's international and regional human rights commitments. Furthermore, the increasing importance of the European Union in the human rights sphere has added another layer to the relationship and highlights the complex relationship(s) between the UK government, the Westminster Parliament and judges in the UK, Strasbourg and Luxembourg. The book analyses the topical and contentious issue of the relationship between the UK and the European systems for the protection of human rights (ECHR and EU) from doctrinal, contextual and comparative perspectives and explores factors that influence the relationship of the UK and European human rights.

The 1989 UN Convention on the Rights of the Child has inspired advocates and policy makers across the globe, injecting children's rights terminology into various public and private arenas. Children's right to participate in decision-making processes affecting their lives is the acme of the Convention and its central contribution to the children's rights discourse. At the same time the participation right presents enormous challenges in its implementation. Laws, regulations and mechanisms addressing children's right to participate in decision-making processes affecting their lives have been established in many jurisdictions across the globe. Yet these worldwide developments have only rarely been accompanied with empirical investigations. The effectiveness of various policies in achieving meaningful participation for children of different ages, cultures and circumstances have remained largely unproven empirically. Therefore, with the growing awareness of the importance of evidence-based policies, it becomes clear that without empirical investigations on the implementation of children's right to participation it is difficult to promote their effective inclusion in decision making. This book provides a much-needed, first broad portrayal of how child participation is implemented in practice today. Bringing together 19 chapters written by prominent authors from the United States, Canada, the United Kingdom, Ireland, New Zealand, Australia and Israel, the book includes descriptions of innovating programs that engage children and youth in decision-making processes, as well as insightful findings regarding what children, their families, and professionals think about these programs. Beyond their contribution to the empirical evidence on ways children engage in decision-making processes, the book's chapters contribute to the theoretical development of the meaning of "participation", "citizenship", "inclusiveness", and "relational rights" in regards to children and youth. There is no matching to the book's scope both in terms of the diversity of jurisdictions that it covers as well as the breadth of subjects. The book's chapters include experiences of child participation in special education, child protection, juvenile justice, restorative justice, family disputes, research, and policy making.

Title 12 presents regulations governing banking procedures and activities of the Comptroller of the Currency, the Federal Reserve System, the Federal Deposit Insurance Corporation, the Export-Import Bank, Office of Thrift Supervision, Farm Credit Administration, and the National Credit Union Administration. It also contains regulations pertaining to other types of banking operations. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.

This book provides a new and powerful account of the demands of justice on immigration law and policy. Drawing principally on the work of Adam Smith, Immanuel Kant, and John Rawls, it argues that justice requires states to give priority of admission to the most disadvantaged migrants, and to grant some form of citizenship or non-oppressive status to those migrants who become integrated. It also argues that states must avoid policies of admission and exclusion that can only be implemented through unjust means. It therefore refutes the common misconception that justice places no limits on the discretion of states to control immigration.

Title 15 presents regulations governing the Department of Commerce and other agencies involved with commerce and foreign trade, and includes rules for: National Security Industrial Base, Export Administration, National Weather Service, Environmental Data Service, Oil Pollution Act, Foreign Trade Agreements, and telecommunications and information. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.