|
Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
Indirect discrimination (or disparate impact) concerns the
application of the same rule to everyone, even though that rule
significantly disadvantages one particular group in society. Ever
since its recognition by the Supreme Court of the United States in
1971, liberal democracies around the world have grappled with the
puzzle that it can sometimes be unfair and wrong to treat everyone
equally. The law's regulation of private acts that unintentionally
(but disproportionately) harm vulnerable groups has remained
extremely controversial, especially in the United States and the
United Kingdom. In original essays in this volume, leading scholars
of discrimination law from North America and Europe explore the
various facets of the law on indirect discrimination, interrogating
its foundations, history, legitimacy, purpose, structure, and
relationship with other legal concepts. The collection provides the
first international work devoted to this vital area of the law that
seeks both to prevent unfair treatment and to transform societies.
Cited by Justice Miller in R v Sharma, 2020 ONCA 478, Court of
Appeal for Ontario, 24 July 2020; by Justice Abella in Fraser v
Canada (Attorney General), 2020 SCC 28, Supreme Court of Canada, 16
October 2020; and by Justice Chandrachud in Nitisha v Union of
India, WP(C) No-001109 - 2020, Supreme Court of India, 25 March
2021.
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.
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
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 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 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.
'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
|
You may like...
Die Verevrou
Jan van Tonder
Paperback
R385
R361
Discovery Miles 3 610
Book Lovers
Emily Henry
Paperback
(4)
R275
R254
Discovery Miles 2 540
|