|
Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
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.
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
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
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.
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.
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.
|
|