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

Virtual Freedoms, Terrorism and the Law (Hardcover): Giovanna De Minico, Oreste Pollicino Virtual Freedoms, Terrorism and the Law (Hardcover)
Giovanna De Minico, Oreste Pollicino
R3,921 Discovery Miles 39 210 Ships in 12 - 17 working days

This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.

Legal Services and Digital Infrastructures - A New Compass for Better Governance (Hardcover): Daniela Piana Legal Services and Digital Infrastructures - A New Compass for Better Governance (Hardcover)
Daniela Piana
R1,629 Discovery Miles 16 290 Ships in 12 - 17 working days

This book seeks to provide and promote a better understanding and a more responsive and inclusive governance of the automation and digital devices in public institutions, particularly the law and justice sector. Concerns related to AI design and use have been exacerbated recently with the recognition of the discriminatory potential that can be embedded into AI applications in public service institutions. This book examines issues relating to the assigning of responsibility in a public service produced and delivered on the basis of an automated mechanism. It encourages critical thinking about the legal services and the justice institutions as they are transformed by AI and automation. It raises awareness as to the prospect of transformation we face in terms of responsibility and of agency and the need to design a citizen-centered and human rights compliant system of technology assessment and AI monitoring and evaluation. The book calls for a comprehensive strategy to enable professional practitioners and decision makers to engage in the design of AI driven legal and justice services. The work draws on on-going research and consulting activities carried out by the author across different countries and different systems in the legal and justice sector. The book offers a critical approach to encourage a new mindset among legal professionals and the justice institutions thus empowering and training them to develop the necessary responsiveness and accountability in the justice sector and legal systems. It will also be of interest to researchers and academics working in the area of AI, Public Law, Human Rights and Criminal Justice.

Beyond Human Rights and the War on Terror (Paperback): Satvinder S. Juss Beyond Human Rights and the War on Terror (Paperback)
Satvinder S. Juss
R1,216 Discovery Miles 12 160 Ships in 9 - 15 working days

This edited collection provides a comprehensive, insightful, and detailed study of a vital area of public policy debate as it is currently occurring in countries across the world from India to South Africa and the United Kingdom to Australia. Bringing together academics and experts from a variety of jurisdictions, it reflects upon the impact on human rights of the application of more than a decade of the "War on Terror" as enunciated soon after 9/11. The volume identifies and critically examines the principal and enduring resonances of the concept of the "War on Terror". The examination covers not only the obvious impacts but also the more insidious and enduring changes within domestic laws. The rationale for this collection is therefore not just to plot how the "War on Terror" has operated within the folds of the cloak of liberal democracy, but how they render that cloak ragged, especially in the sight of those sections of society who pay the heaviest price in terms of their human rights. This book engages with the public policy strand of the last decade that has arguably most shaped perceptions of human rights and engendered debates about their worth and meaning. It will be of interest to researchers, academics, practitioners, and students in the fields of human rights law, criminal justice, criminology, politics, and international studies.

Targeted Killings, Law and Counter-Terrorism Effectiveness - Does Fair Play Pay Off? (Book): Ophir Falk Targeted Killings, Law and Counter-Terrorism Effectiveness - Does Fair Play Pay Off? (Book)
Ophir Falk
R1,241 Discovery Miles 12 410 Ships in 12 - 17 working days
Economics of Administrative Law (Hardcover, illustrated edition): Susan Rose-Ackerman Economics of Administrative Law (Hardcover, illustrated edition)
Susan Rose-Ackerman
R8,815 Discovery Miles 88 150 Ships in 12 - 17 working days

All representative democracies must balance democratic accountability against the competent implementation of complex statutes. Achieving this balance in administrative law will be aided by drawing on insights from economics and political economy. This important volume collects the best work in this area and is of significance for scholars of public law and economics around the world. The editor's authoritative selection of papers, anchored in the American system of administrative law, mixes theoretical, legal, and empirical studies by leading interdisciplinary scholars. It thus provides an up-to-date introduction to modern work in the economics of administrative law.

Regulatory Worlds - Cultural and Social Perspectives when North Meets South (Hardcover): Mark Findlay, Lim Si Wei Regulatory Worlds - Cultural and Social Perspectives when North Meets South (Hardcover)
Mark Findlay, Lim Si Wei
R2,935 Discovery Miles 29 350 Ships in 12 - 17 working days

This is an original and ambitious book that seeks to re-theorise regulation in ways that place embedded social bonds and socio-economic sustainability at the heart of regulatory principle. Findlay and Lim range across a wide landscape of economic history, cultural anthropology and political theory perspectives, weaving them into a unique perspective on regulation that challenges the underlying assumptions of much of the existing literature. Their critical focus on the centrality of private property rights in regulatory theory is a welcome move in this stimulating book that deserves to provoke debate.' - Bronwen Morgan, UNSW, Australia'Mark Findlay and Lim Si Wei explore how economics and governance are socially embedded through deft moves from one part of the globe to another. How can there be regulation that is unresponsive to culturally distinctive East Asian principles of 'face'? How can integrity survive in migrant labour contracts? This is a searing engagement with challenges of inequality in contemporary capitalism that can only be confronted by a principled embedded regulation. The limits of Western models of the national regulator are evocatively exposed with a distinctive theoretical sophistication.' - John Braithwaite, Australian National University This ambitious book takes up the grand challenge to design regulatory thinking for a global future beyond wealth and growth, and towards social sustainability. Assuming a 'South World' perspective on market regulation and social sustainability, the authors present the options and possibilities for radically repositioning regulatory principle. The analysis of intersections between the market economies of the South and North reconsiders fundamental regulatory relationships and outcomes motivated by sustainability rather than individual wealth creation and economic growth models. The book aims to return economy to society at a critical global juncture, demanding new and creative regulatory intervention outside the regulatory state model. Along with new perspectives on regulation, the analysis offers a better understanding of the problematic future of global regulation by revealing the different reasons for fragmentation within and between very different regulatory spaces. Students of social development and scholars researching market economics and the global crisis will find this book to be a valuable and challenging resource. Policy makers and readers interested in law and regulation will also benefit from the thoughtful discussion presented in this volume. Contents: 1. Reimagining Contemporary Regulatory Principle - Fragmented Regulatory Space 2. Redirecting Analytical Focus - South to North Worlds 3. Social Embeddedness and Market Economies 4. Legal Regulation, Private Property Protection and the Sustainability Project 5. Law's Place in Regulating Migrant Labour Markets 6. Sustainable Markets and Community Inclusion 7. The Truth of Growth Index

Bordering Britain - Law, Race and Empire (Paperback): Nadine El-Enany Bordering Britain - Law, Race and Empire (Paperback)
Nadine El-Enany
R367 Discovery Miles 3 670 Ships in 12 - 17 working days

(B)ordering Britain argues that Britain is the spoils of empire, its immigration law is colonial violence and irregular immigration is anti-colonial resistance. In announcing itself as postcolonial through immigration and nationality laws passed in the 60s, 70s and 80s, Britain cut itself off symbolically and physically from its colonies and the Commonwealth, taking with it what it had plundered. This imperial vanishing act cast Britain's colonial history into the shadows. The British Empire, about which Britons know little, can be remembered fondly as a moment of past glory, as a gift once given to the world. Meanwhile immigration laws are justified on the basis that they keep the undeserving hordes out. In fact, immigration laws are acts of colonial seizure and violence. They obstruct the vast majority of racialised people from accessing colonial wealth amassed in the course of colonial conquest. Regardless of what the law, media and political discourse dictate, people with personal, ancestral or geographical links to colonialism, or those existing under the weight of its legacy of race and racism, have every right to come to Britain and take back what is theirs. -- .

Public-Private Partnerships in Emerging Economies (Hardcover): Augustine Edobor Arimoro Public-Private Partnerships in Emerging Economies (Hardcover)
Augustine Edobor Arimoro
R3,321 Discovery Miles 33 210 Ships in 12 - 17 working days

Over the years, a shortage of funds has resulted in a huge deficit in government budgets for infrastructure, especially in developing economies. It is no longer feasible for governments to bear the entire burden of funding public infrastructure. Given that an inadequate supply of public infrastructure poses a challenge for the economic development of any country, partnerships with the private sector to fund public infrastructure procurement has started to be relied on as an alternative to traditional public procurement. Public-Private Partnerships are an arrangement that allow private entities to fund, design, manage and operate public infrastructure for a term in exchange for the payment of tolls by users or the government may well be the solution to the infrastructure crisis in many developing economies. This book examines the role of law in the adoption, implementation and regulation of Public-Private Partnership in selected developing economies including Brazil, India, Nigeria and South Africa to address how to deal with overlapping laws and how the law can protect assets invested in PPP in order to attract private sector interests in infrastructure financing in developing market, showing how law can be used to create, sustain and promote PPP frameworks that take into account local circumstances in developing economies.

Military Courts, Civil-Military Relations, and the Legal Battle for Democracy - The Politics of Military Justice (Hardcover):... Military Courts, Civil-Military Relations, and the Legal Battle for Democracy - The Politics of Military Justice (Hardcover)
Brett J. Kyle, Andrew G Reiter
R4,056 Discovery Miles 40 560 Ships in 12 - 17 working days

The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military justice remain glaringly under-examined, despite their implications for the quality and survival of democracy. This book breaks new ground by providing a theoretically rich, global examination of the operation and reform of military courts in democratic countries. Drawing on a newly created dataset of 120 countries over more than two centuries, it presents the first comprehensive picture of the evolution of military justice across states and over time. Combined with qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book presents a new framework for understanding how civilian actors are able to gain or lose legal control of the armed forces. The book's findings have important lessons for scholars and policymakers working in the fields of democracy, civil-military relations, human rights, and the rule of law.

Class Actions in Privacy Law (Hardcover): Ignacio N Cofone Class Actions in Privacy Law (Hardcover)
Ignacio N Cofone
R1,650 Discovery Miles 16 500 Ships in 12 - 17 working days

Class actions in privacy law are rapidly growing as a legal vehicle for citizens around the world to hold corporations liable for privacy violations. Current and future developments in these class actions stand to shift the corporate liability landscape for companies that interact with people's personal information. Privacy class actions are at the intersection of civil litigation, privacy law, and data protection. Developments in privacy class actions raise complex issues of substantive law as well as challenges to the established procedures governing class action litigation. Their outcomes are integral to the evolution of privacy law and data protection law across jurisdictions. This book brings together established scholars in privacy law, data protection law, and collective litigation to offer a detailed perspective on the present and future of collective litigation for privacy claims. Taking a comparative approach, this book incorporates considerations from consumer protection law, procedural law, cross-border litigation, tort law, and data protection law, which are key to understanding the development of privacy class actions. In doing so, it offers an analysis of the novel challenges they pose for courts, regulatory agencies, scholars, and litigators, together with their potential solutions.

Diversity of Law in the United Arab Emirates - Privacy, Security, and the Legal System (Hardcover): Kristin Kamoy Diversity of Law in the United Arab Emirates - Privacy, Security, and the Legal System (Hardcover)
Kristin Kamoy
R4,057 Discovery Miles 40 570 Ships in 12 - 17 working days

This book examines the law and its practice in the United Arab Emirates (UAE). The objective is to understand the logic of the legal system in the UAE through a rounded analysis of its laws in context. It thus presents an understanding of the system on its own terms beyond the accepted Western model. The book shows how the Emirati law differs from the conventional rule of law. The first section of the book deals with the imperial, international, and cultural background of the Emirati legal system and its influences on some of the elements of the legal system today. It maps the state's international legal obligations according to core human rights treaties showing how universal interpretations of rights may differ from Emirati interpretations of rights. This logic is further illustrated through an overview of the legal system, in federal, local, and free zones and how the UAE's diversity of legal sources from Islamic and colonial law provides legal adaptability. The second section of the book deals mainly with the contemporary system of the rule of law in the UAE but at times makes a detour to the British administration to show how imperial execution of power during the British administration created forerunners visible today. Finally, the debut of the UAE on the international scene contributed to an interest in human rights investigations, having manifestations in UAE law. The work will be a valuable resource for researchers and academics working in the areas of Comparative Constitutional Law, Legal Anthropology, Legal Pluralism, and Middle Eastern Studies.

The Constitution and Governance in Cameroon (Hardcover): Laura-Stella E. Enonchong The Constitution and Governance in Cameroon (Hardcover)
Laura-Stella E. Enonchong
R3,924 Discovery Miles 39 240 Ships in 12 - 17 working days

This book provides a systematic analysis of the major structural and institutional governance mechanisms in Cameroon, critically analysing the constitutional and legislative texts on Cameroon's semi-presidential system, the electoral system, the legislature, the judiciary, the Constitutional Council and the National Commission on Human Rights and Freedoms. The author offers an assessment of the practical application of the laws regulating constitutional institutions and how they impact on governance. To lay the groundwork for the analysis, the book examines the historical, constitutional and political context of governance in Cameroon, from independence and reunification in 1960-1961, through the adoption of the 1996 Constitution, to more recent events including the current Anglophone crisis. Offering novel insights on new institutions such as the Senate and the Constitutional Council and their contribution to the democratic advancement of Cameroon, the book also provides the first critical assessment of the legislative provisions carving out a special autonomy status for the two Anglophone regions of Cameroon and considers how far these provisions go to resolve the Anglophone Problem. This book will be of interest to scholars of public law, legal history and African politics. The Open Access version of this book, available at https://www.taylorfrancis.com/books/9781351028868, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Scottish Legal System Essentials, 4th Edition (Paperback, 4th edition): Gerard Keegan, Bryan Clark Scottish Legal System Essentials, 4th Edition (Paperback, 4th edition)
Gerard Keegan, Bryan Clark
R597 R538 Discovery Miles 5 380 Save R59 (10%) Ships in 9 - 15 working days

This one-stop introduction gives you an overview of Scotland's mixed legal system, from its historical roots to how the judicial system works today. The fourth edition is fully updated to cover the latest legislation, rules, case law and the Carloway and Bowen Reviews, and also covers the 2017 general election, the 2016 Scottish Parliament elections, the 2014 Independence Referendum, the Scotland Act 2016; Article 50 and the EU (Withdrawal Agreement) Bill.

Human Rights in the Media - Fear and Fetish (Paperback): Michelle Farrell, Eleanor Drywood, Edel Hughes Human Rights in the Media - Fear and Fetish (Paperback)
Michelle Farrell, Eleanor Drywood, Edel Hughes
R1,426 Discovery Miles 14 260 Ships in 12 - 17 working days

This collection sets about untangling some of the knotty issues in the underexplored relationship between human rights and the media. We investigate how complex debates in political, judicial, academic and public life on the role and value of human rights are represented in the media, particularly, in print journalism. To focus the discussion, we concentrate on media representation of the controversial proposals in the United Kingdom to repeal the Human Rights Act 1998 and to replace it with a British Bill of Rights. The collection is underpinned by the observation that views on human rights and on the proposals to repeal and replace are polarised. On the one hand, human rights are presented as threatening and, therefore, utterly denigrated; on the other hand, human rights are idolised, and, therefore, uncritically celebrated. This is the 'fear and fetish' in our title. The media plays a decisive role in constructing this polarity through its representation of political and ideological viewpoints. In order to get to grips with the fear, the fetish and this complex interrelationship, the collection tackles key contemporary themes, amongst them: the proposed British Bill of Rights, Brexit, prisoner-voting, the demonisation of immigrants, press freedom, tabloid misreporting, trial by media and Magna Carta. The collection explores media representation, investigates media polarity and critiques the media's role.

Tax Sovereignty and the Law in the Digital and Global Economy (Hardcover): Francesco Farri Tax Sovereignty and the Law in the Digital and Global Economy (Hardcover)
Francesco Farri
R4,342 Discovery Miles 43 420 Ships in 12 - 17 working days

This book discusses which is the most appropriate tax dimension to best manage the new horizons of the global and digital economy. In this perspective, the efficiency of the main models is examined and two fundamental proposals are put forth: the first one aims at a coordination of the Destination-Based approach with the role of some specific digital assets, such as user data; the second one is a framework for a possible futuristic tax phenomenon all internal to the world of the internet and not linked to traditional territorial States. The compliance of these models with the constitutional principles that western democratic systems have affirmed over time in matters of taxation is then analyzed with particular regard to legal certainty, consent to taxation and to the re-distributive function of taxes. A specific evaluation of the role of the European Union is carried out and the jurisprudence on financial interests of the Union and on State aids is analyzed and tackled in light of the Treaty on the Functioning of the European Union and of the tax sovereignty of member States. The conclusion is that the model of the organization with a general political purpose, from which modern States take their inspiration, appears unfailing for a tax project that would focus on the good and the growth of the person and of the social aggregations in which everyone lives. A model that therefore deserves to be safeguarded, although with new methods and instruments, starting from a Destination-Based Asset-Coordinated approach, in the Third Millennium. The book will be of interest to researchers and academics in international tax law, constitutional law and in political science.

Leading Works in Law and Religion (Paperback): Russell Sandberg Leading Works in Law and Religion (Paperback)
Russell Sandberg
R1,237 Discovery Miles 12 370 Ships in 12 - 17 working days

Leading Works in Law and Religion brings together leading and emerging scholars in the field from the United Kingdom and Ireland. Each contributor has been invited to select and analyse a 'leading work', which has for them shed light on the way that Law and Religion are intertwined. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field, exploring in particular the interdisciplinary potential of the study of Law and Religion. The book also includes a specially written introduction and conclusion, which critically comment upon the development of Law and Religion over the last 25 years and likely future developments in light of the reflections by contributors on their chosen leading works.

Myth and Reality in the U.S. Immigration Debate (Hardcover): Greg Prieto Myth and Reality in the U.S. Immigration Debate (Hardcover)
Greg Prieto
R3,017 Discovery Miles 30 170 Ships in 12 - 17 working days

"What part of illegal don't you understand?" This oft-repeated slogan from immigration restrictionists illustrates the contentious quality of the immigration reform debate in the United States: a debate that has raged on unresolved since at least 1986 when our immigration system was last reformed. This impasse is due, in large part, to widespread misinformation about immigration. This short and accessible textbook takes a critical perspective on immigration law and policy, arguing that immigrant "illegality" is itself produced by law, with tremendous consequences for individuals and families. Across six chapters that examine the conceptual, historical, economic, global, legal, and racial dimensions of immigration to the United States, Prieto argues that illegal immigration is a problem of policy, not people. History and cutting-edge social science data guide an analysis of the actual, empirical impact of immigration on U.S. society. By debunking myths about immigration, the reader is invited to form their own opinion on the basis of fact and in light of the unequal treatment different immigrant groups have received since the nation's founding. Myth and Reality in the U.S. Immigration Debate synthesizes key lessons from the fields of sociology, law and society, history, economics and critical race studies in a digestible and engaging format. This text will serve as an introduction to the study of immigration and a primer for those who wish to engage in a sober and compassionate conversation about immigrants and immigration in the United States.

Critical Race Theory, Fourth Edition - An Introduction (Paperback): Richard Delgado, Jean Stefancic Critical Race Theory, Fourth Edition - An Introduction (Paperback)
Richard Delgado, Jean Stefancic; Foreword by Angela Harris
R487 Discovery Miles 4 870 Ships in 12 - 17 working days

A new edition of a seminal text in Critical Race Theory Since the publication of the third edition of Critical Race Theory: An Introduction in 2017, the United States has experienced a dramatic increase in racially motivated mass shootings and a pandemic that revealed how deeply entrenched medical racism is and how public disasters disproportionately affect minority communities. We have also seen a sharp backlash against Critical Race Theory, and a president who deemed racism a thing of the past while he fanned the flames of racial intolerance and promoted nativist sentiments among his followers. Now more than ever, the racial disparities in all aspects of public life are glaringly obvious. Taking note of all these developments, this fourth edition covers a range of new topics and events and addresses the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and has little use for racial analysis and study. Award-winning authors Richard Delgado and Jean Stefancic also address the rise in legislative efforts to curtail K–12 teaching of racial history. Critical Race Theory, Fourth Edition, is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new readings and questions for discussion aimed at outlining practical steps to achieve this objective.

Myth and Reality in the U.S. Immigration Debate (Paperback): Greg Prieto Myth and Reality in the U.S. Immigration Debate (Paperback)
Greg Prieto
R1,132 Discovery Miles 11 320 Ships in 12 - 17 working days

"What part of illegal don't you understand?" This oft-repeated slogan from immigration restrictionists illustrates the contentious quality of the immigration reform debate in the United States: a debate that has raged on unresolved since at least 1986 when our immigration system was last reformed. This impasse is due, in large part, to widespread misinformation about immigration. This short and accessible textbook takes a critical perspective on immigration law and policy, arguing that immigrant "illegality" is itself produced by law, with tremendous consequences for individuals and families. Across six chapters that examine the conceptual, historical, economic, global, legal, and racial dimensions of immigration to the United States, Prieto argues that illegal immigration is a problem of policy, not people. History and cutting-edge social science data guide an analysis of the actual, empirical impact of immigration on U.S. society. By debunking myths about immigration, the reader is invited to form their own opinion on the basis of fact and in light of the unequal treatment different immigrant groups have received since the nation's founding. Myth and Reality in the U.S. Immigration Debate synthesizes key lessons from the fields of sociology, law and society, history, economics and critical race studies in a digestible and engaging format. This text will serve as an introduction to the study of immigration and a primer for those who wish to engage in a sober and compassionate conversation about immigrants and immigration in the United States.

Asymmetry, Multinationalism and Constitutional Law - Managing Legitimacy and Stability in Federalist States (Hardcover): Maja... Asymmetry, Multinationalism and Constitutional Law - Managing Legitimacy and Stability in Federalist States (Hardcover)
Maja Sahadzic
R4,347 Discovery Miles 43 470 Ships in 12 - 17 working days

This book examines the link between constitutional asymmetry and multinationalism and the effects asymmetry produces on legitimacy and stability in federal and quasi-federal systems. This is done through a structured and exhaustive comparative analysis, covering states in Africa, America, Asia, and Europe. Contrary to traditional federal theory, contemporary scholars have linked constitutional asymmetry with multinational federal systems, by presenting asymmetry as a mechanism for diversity management. This book offers insights on whether and how constitutional asymmetry is linked with multinationalism and looks into the socio-economic, cultural-ideological, historical, and separatist factors that support the emergence of asymmetries. The work also provides a legal analysis of whether constitutional asymmetry is a condition or a threat to legitimacy and stability in federal systems. The book will be essential reading for academics, researchers, and policy-makers in law and political science interested in the fields of constitutional law, federal theory, multinationalism, and minorities.

Religious Minorities, Islam and the Law - International Human Rights and Islamic Law in Indonesia (Hardcover): Al Khanif Religious Minorities, Islam and the Law - International Human Rights and Islamic Law in Indonesia (Hardcover)
Al Khanif
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, which contains the world's largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. Readers, especially those conducting research, will also be provided with information and references which are relevant to the field of human rights, especially in relation to religious minorities and international law. The book will be a valuable resource for academics and researchers in the fields of International Human Rights Law, Law and Religion, and Islamic Studies.

Rule of Law, Common Values, and Illiberal Constitutionalism - Poland and Hungary within the European Union (Hardcover): Timea... Rule of Law, Common Values, and Illiberal Constitutionalism - Poland and Hungary within the European Union (Hardcover)
Timea Drinoczi, Agnieszka Bien-Kacala
R3,911 Discovery Miles 39 110 Ships in 12 - 17 working days

This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.

The Challenges of Public Procurement Reforms (Hardcover): Annalisa Castelli, Gustavo Piga, Stephane Saussier, Tunde Tatrai The Challenges of Public Procurement Reforms (Hardcover)
Annalisa Castelli, Gustavo Piga, Stephane Saussier, Tunde Tatrai
R3,911 Discovery Miles 39 110 Ships in 12 - 17 working days

Public procurement affects a substantial share of world trade flows, amounting to 1000 billion euros per year. In the EU, the public purchase of works, goods and services has been estimated to account on average for 16 percent of GDP. The novelty of this book is that it focuses on the new European Union Directives approved in 2014 by the EU Parliament. The book consists of original contributions related to four specific themes of interest to the procurers' day-to-day role in modern public purchasing organizations - both economists and lawyers - allowing for relevant exchanges of views and "real time" interaction. The four sections which characterize the book are Life-cycle Costing in Public Procurement; Calculating Costs and Savings of Public Procurement; Corruption and Probity in Public Procurement and Public Procurement and International Trade Agreements: CETA, TTIP and beyond. These themes have been chosen for their current relevance in relation to the new European Public Procurement Directives and beyond. The original format features, as is the case with the first three volumes, an introductory exchange between leading academics and practitioners, from differing disciplines. It offers a series of sequential interactions between economists, lawyers and technical experts who supplement one another, so as to enrich the liveliness of the debate and improve the mutual understanding between the various professions. This essential guide will be of interest to policymakers, academics, students and researchers, as well as practitioners working in the field of EU public procurement.

Normative Pluralism and Human Rights - Social Normativities in Conflict (Paperback): Kyriaki Topidi Normative Pluralism and Human Rights - Social Normativities in Conflict (Paperback)
Kyriaki Topidi
R1,239 Discovery Miles 12 390 Ships in 12 - 17 working days

The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of 'laws' result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.

Atheist Exceptionalism - Atheism, Religion, and the United States Supreme Court (Paperback): Ethan Quillen Atheist Exceptionalism - Atheism, Religion, and the United States Supreme Court (Paperback)
Ethan Quillen
R1,235 Discovery Miles 12 350 Ships in 12 - 17 working days

Due to its Constitution, and particularly to that Constitution's First Amendment, the relationship between religion and politics in the United States is rather unusual. This is especially the case concerning the manner with which religious terminology is defined via the discourse adopted by the United States Supreme Court, and the larger American judicial system. Focusing on the religious term of Atheism, this book presents both the discourse itself, in the form of case decisions, as well as an analysis of that discourse. The work thus provides an essential introduction and discussion of both Atheism as a concept and the influence that judicial decisions have on the way we perceive the meaning of religious terminology in a national context. As a singular source on the Supreme, Circuit, and District Court cases concerning Atheism and its judicial definition, the book offers convenient access to this discourse for researchers and students. The discursive analysis further provides an original theoretical insight into how the term 'Atheism' has been judicially defined. As such, it will be a valuable resource for scholars of religion and law, as well as those interested in the definition and study of Atheism.

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