Your cart is empty
Human Rights Law provides trainee and practising solicitors with a comprehensive overview of human rights law and the sources of human rights protection in Ireland. The book lays out the foundations of human rights law and considers the protections afforded at national, European and international level, charting the integration of the ECHR into Irish law and the role of the UN. Featuring chapters on due process, liberty, freedom of expression, equality and the right to life and bodily integrity, it offers a unique discussion of key human rights from the perspectives of Irish, ECHR and EU law. Useful guidance on refugee and immigration law is also provided. This fourth edition has been fully updated to cover all recent legislative changes and case law. The manual's thorough approach and practical focus make it an essential reference not only for trainee solicitors on the Professional Practice Courses, but also for students, academics and practitioners in the field.
Constitutional Change through Euro-Crisis Law contains a comparative constitutional analysis of the impact of a very broad range of euro-crisis law instruments on the EU and national constitutions. It covers contrasting assessments of the impact of euro-crisis law on national parliaments, various types of criticism on the EU economic governance framework, different views on what is needed to improve the multilevel system of economic governance, and valuable insights into the nature of emergency discourse in the legislative arena and of the spillover from the political to the judicial sphere. In addition, it deals with how bailout countries, even if part of the same group of euro area Member States subject to a programme, have reacted differently to the crisis.
In the twenty-first century, fighting impunity has become both the rallying cry and a metric of progress for human rights. The new emphasis on criminal prosecution represents a fundamental change in the positions and priorities of students and practitioners of human rights and transitional justice: it has become almost unquestionable common sense that criminal punishment is a legal, political, and pragmatic imperative for addressing human rights violations. This book challenges that common sense. It does so by documenting and critically analyzing the trend toward an anti-impunity norm in a variety of institutional and geographical contexts, with an eye toward the interaction between practices at the global and local levels. Together, the chapters demonstrate how this laser focus on anti-impunity has created blind spots in practice and in scholarship that result in a constricted response to human rights violations, a narrowed conception of justice, and an impoverished approach to peace.
Historian Chris Bray (a former soldier) tells the sweeping story of military justice from the institution of the American court martial in the earliest days of the Republic to contemporary arguments over how to use military courts to try foreign terrorists or soldiers accused of sexual assault.
The Cultural Defense of Nations presents a timely, thought-provoking thesis on some of the most pressing issues of our time-global immigration, majority groups, and national identity. Never in human history has so much attention been paid to human movement. Global migration yields demographic shifts of historical significance, profoundly shaking up world politics-as has been seen in the refugee crisis, the Brexit referendum, and the 2016 U.S. election. The Cultural Defense of Nations addresses one of the greatest challenges facing liberalism today: is a liberal state justified in restricting immigration and access to citizenship in order to protect its majority culture? Liberal theorists and human rights advocates recognize the rights of minorities to maintain their unique cultural identity, but assume that majorities have neither a need for similar rights nor a moral ground for defending them. The majority culture, so the argument goes, "can take care of itself." However, with more than 250 million immigrants worldwide, majority groups increasingly seek to protect what they consider to be their national identity. In recent years, liberal democracies have introduced proactive immigration and citizenship policies that are designed to defend the majority culture. This book shifts the focus from the prevailing discussion of cultural minority rights and, for the first time, addreses the cultural rights of majorities. It proposes a new approach by which liberal democracies can welcome immigrants without fundamentally changing their cultural heritage, forsaking their liberal traditions, or slipping into extreme nationalism. Disregarding the topic of cultural majority rights is not only theoretically wrong, but also politically unwise. With forms of "majority nationalism" rising and the growing popularity of extreme right-wing parties in the West, time has come to liberally address the new challenge.
The 1996 South African Constitution was promulgated on 18th December 1996 and came into effect on 4th February 1997. Its aspirational provisions promised to transform South Africa's economy and society along non-racial and egalitarian lines. Following the twentieth anniversary of its enactment, this book, co-edited by Rosalind Dixon and Theunis Roux, examines the triumphs and disappointments of the Constitution. It explains the arguments in favor of the Constitution being replaced with a more authentically African document, untainted by the necessity to compromise with ruling interests predominant at the end of apartheid. Others believe it remains a landmark attempt to create a society based on social, economic, and political rights for all citizens, and that its true implementation has yet to be achieved. This volume considers whether the problems South Africa now faces are of constitutional design or implementation, and analyses the Constitution's external influence on constitutionalism in other parts of the world.
This book describes the rules governing appeals before the Court of Justice of the European Union. The appeal is the judicial remedy by which a party may contest a decision of the General Court of the European Union. It concerns matters in which the Tribunal has jurisdiction such as, competition, mergers, state aids, access to documents, restrictive measures, EU staff, trade marks, and other areas of intellectual property. This form of judicial remedy was created just over 25 years ago. It is specific to the ECJ, and can only be learned through the case-law. This book is a description of the case-law, and of the rules that the lawyers pleading appeal cases are required to know.
The Oxford Edition of Dicey provides sources with which to reassess the extraordinary authority and lasting influence of Dicey's canonical text Lectures Introductory to the Study of the Law of the Constitution. The first volume consists of Dicey's rare first edition in its original form and of the main addenda in later editions. It facilitates a historical understanding of Dicey's original text in its context and of later changes when they were made. In introducing the first volume, J.W.F. Allison reassesses The Law of the Constitution's authority and the kinds of response it has elicited in view of its original educative form and educational context. The volume also includes Dicey's unpublised inaugural lecture and his revisionist article pulbished in 1915 examining the development of administrative law in England. Volume Two, Comparative Constitutionalism, provides a complement to Dicey's The Law of the Constitution. These largely unpublished comparative constitutional lectures were written for different versions of a comparative constitutional book that Dicey began but did not finish prior to his death in 1922. The lectures were a pioneering venture into comparative constitutionalism and reveal an approach to legal education broader than Dicey is widely understood to have taken. Topics discussed include English, French, American, and Prussian constitutionalism; the separation of powers; representative government; and federalism. The volume begins with an editorial introduction examining the implications of these comparative lectures and Dicey's early foray into comparative constitutionalism for his general constitutional thought, and the kinds of response it has elicited. These two volumes collect together the main body of work from one of the most influential constitutional law theorists in the field. It is essential reading for any student of English and comparative constitutional thought
Wade and Forsyth's Administrative Law has been a cornerstone text since its first edition in 1961. It provides a comprehensive and perceptive account of the principles of judicial review and the administrative arrangements of the United Kingdom. For over fifty years, Administrative Law has been trusted by students in the UK and internationally and is extensively cited by Courts in England and Wales. The book's clarity of exposition makes it accessible to the student approaching the subject for the first time, whilst its breadth of coverage and perceptive insight ensure its value to all interested in this field, academics and practitioners alike.
Public law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of public law is one of loss. What function and future can public law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance? The contributions to this volume take stock of the idea, concepts, and values of public law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general. Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of public law, the nature of private law and the relationship between the public, the private, and the concept of law. The second part focuses on the domains, values, and functions of public law in contemporary (state) legal practice, as seen, in part, through its relationship with private domains, values, and functions. The final part engages with the new legal scholarship on global transformation, analysing the changes in public law at the national level, including the new forms of interpenetration of public and private in the market state, as well as exploring the ubiquitous use of public law values and concepts beyond the state.
In the Origins of Totalitarianism, Hannah Arendt famously argued that the stateless were so rightless, that it was better to be a criminal who at least had some rights and protections. In this book, Kathleen R. Arnold examines Arendt's comparison in the context of post-1996 U.S. criminal and immigration policies, arguing that the criminal-stateless binary is significant to contemporary politics and yet flawed. A key distinction made today is that immigrant detention is not imprisonment because it is a civil system. In turn, prisoners are still citizens in some respects but have relatively few rights since the legal underpinnings of "cruel and unusual" have shifted in recent times. The two systems - immigrant detention and the prison system - are also concretely related as they often house both populations and utilize the same techniques (such as administrative segregation). Arnold compellingly argues that prisoners are essentially made into foreigners in these spaces, while immigrants in detention are cast as outlaws. Examining legal theory, political theory and discussing specific cases to illustrate her claims, Arendt, Agamben and the Issue of Hyper-Legality operates on three levels to expose the degree to which prisoners' rights have been suspended and how immigrant policy and detention cast foreigners as inherently criminal. Less talked about, the government in turn expands sovereign, discretionary power and secrecy at the expense of openness, transparency and democratic community. This book will be of interest to scholars and students of contemporary political theory, philosophy and law, immigration, and incarceration.
Citizenship 2.0 focuses on an important yet overlooked dimension of globalization: the steady rise in the legitimacy and prevalence of dual citizenship. Demand for dual citizenship is particularly high in Latin America and Eastern Europe, where more than three million people have obtained a second citizenship from EU countries or the United States. Most citizenship seekers acquire EU citizenship by drawing on their ancestry or ethnic origin; others secure U.S. citizenship for their children by strategically planning their place of birth. Their aim is to gain a second, compensatory citizenship that would provide superior travel freedom, broader opportunities, an insurance policy, and even a status symbol. Drawing on extensive interviews and fieldwork, Yossi Harpaz analyzes three cases: Israelis who acquire citizenship from European-origin countries such as Germany or Poland; Hungarian-speaking citizens of Serbia who obtain a second citizenship from Hungary (and, through it, EU citizenship); and Mexicans who give birth in the United States to secure American citizenship for their children. Harpaz reveals the growth of instrumental attitudes toward citizenship: individuals worldwide increasingly view nationality as rank within a global hierarchy rather than as a sanctified symbol of a unique national identity. Citizenship 2.0 sheds light on a fascinating phenomenon that is expected to have a growing impact on national identity, immigration, and economic inequality.
In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong, and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go. Kozel's account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law.
Foreign National Prisoners: law and practice is the first inter-disciplinary guide to the immigration law, prison law and false imprisonment aspects of legal challenges brought by foreign national prisoners and former prisoners (FNPs). The book provides a detailed analysis and critique of the case-law from the domestic, Strasbourg and Luxembourg courts; a comprehensive overview of the relevant legislation and prison and Home Office policies; and practical guidance. It includes the first detailed and practical guide to immigration detention for UK practitioners, including the first analysis of the consequences of R (Lumba and Mighty) v SSHD; comprehensive overview of prison law issues as they affect FNPS including categorisation, Home Detention Curfew, Early Removal, the management of mentally ill prisoners and repatriation; in-depth examination of the role of the best interests of the child in expulsion and detention cases involving minors, following the Supreme Court's judgment in ZH (Tanzania) v SSHD; analysis of the application of EU law protections for the third national family members of Citizens of the European Union following the judgments of the Grand Chamber of the CJEU in Zambrano and Dereci; detailed examination of the law and procedure of appeals in the Special Immigration Appeals Commission (SIAC). Foreign National Prisoners: law and practice also includes: comprehensive analysis of the law and practice of deportation under the UK Borders Act 2007; in-depth review of the law governing exclusion from and loss of Refugee Convention protection; thorough analysis of the application of EU law in expulsion cases involving EEA nationals and their family members (under the Citizens' Directive and the EEA Regs 2006); detailed review of exclusion from Humanitarian Protection and immigration status for FNPs who are not deported; comprehensive overview of the application of ECHR article 8 in criminal deportation cases; review of the principles governing awards of damages in false imprisonment cases. It is essential reading for immigration law and prison law practitioners and all those working with FNPs.
You can't pass through an airport customs checkpoint without having your picture taken and your fingertips scanned, that information stored away in an archive you'll never see. Nor can you use your home's smart technology without occasionally experiencing uncertainty about what, exactly, that technology might do with what you've been sharing about your shopping habits and media choices. Every day, Americans surrender their private information to entities that claim to have their best interests in mind, in exchange for a promise of safety or simply the sake of convenience. This trade-off has long been taken for granted, but the extent of its nefariousness has recently become much more clear. As Lawrence Cappello's None of Your Damn Business reveals, the problem is not so much that data will be used in ways we don't want, but rather how willing we have been to have our information used, abused, and sold right back to us. In this startling book, Cappello shows that this state of affairs was not the inevitable byproduct of technological progress. He targets key moments from the past hundred and thirty years of US history when privacy was central to battles over journalistic freedom, national security, surveillance, big data, and reproductive rights. As he makes dismayingly clear, Americans have had numerous opportunities to protect the public good while simultaneously safeguarding our information, and we've squandered those opportunities every time. The wide range of the debates presented here illustrates how, despite America's long history of praising individual freedom, we actually have one of the weakest systems for privacy protection in the developed world. None of Your Damn Business is a rich and provocative survey of an alarming topic that only grows more relevant with each fresh outrage of trust betrayed.
In Scandinavia, women's law was established as a distinct legal discipline in university teaching and legal scholarship in the mid 1970'ies. The University of Oslo (Norway) played a particularly pioneering role. At that time, there was general terminological agreement: the name of the discipline was kvinnerett in Norwegian, Kvinderet in Danish and kvinnoratt in Swedish. During the last 40 years, Scandinavian Women's law has been mainstreamed into the general development of European law on gender equality and discrimination. The editors have chosen to keep the old terminology in the title of this book in order to point to the historical background of present day gender and law studies from Scandinavia. The European Union has pursued a strong gender equality and non-discrimination agenda since the 1970'ies. Denmark entered the EU 1 January 1973, Sweden and Finland 1 January 1995, Norway is not a member. Scandinavian women's law as developed through the last 40 years and EU gender equality law are thus contemporaries. Because of the direct effect and supremacy of EU law over national law, the interplay between elements of law stemming from EU-level and from national level has been particularly important in the Nordic EU-member states (Denmark, Sweden and Finland).
Every liberal democracy has laws or codes against hate speech except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities.
Causing offense by depicting a religious leader as a terrorist in a newspaper cartoon, for example is not the same as launching a libelous attack on a group s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home.
Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech."
Federal Judges was first published in 1972. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.Despite the importance of federal judges in the system of American government, relatively little scholarly attention has been directed toward the process of appointing these judges -- how it operates and what types of individuals become judges. Professor Chase analyzes and evaluates the appointing system and makes some provocative proposals for changes which he believes would improve and strengthen the federal judicial system.The study is concerned with the appointing process as it applies to federal judges below the level of the Supreme Court who receive lifetime appointments. These are the judges who serve in what are known as Article III courts, the courts constituted by Congress in accordance with Article III of the Constitution. They include courts of appeals, district courts, the court of claims, the court of customs and patent appeals, and the customs court.For this study the author had access to Department of Justice records, and he observed for several months the negotiations and discussions in the department involving the selection of judges by President Kennedy's administration. He conducted extensive interviews with officials in the Kennedy administration as well as with officials in the Eisenhower and Johnson administrations who played leading roles in the appointment of judges. In addition, he interviewed many judges, lawyers, newsmen, and political leaders, as well as a sampling of U.S. senators and most of the recent chairmen of the American Bar Association's Committee on Federal Judiciary.
Religious freedom is now widely accepted as fundamental to any liberal democracy. It is recognised in domestic, regional, and international human rights instruments and its importance is lauded by philosophers, lawyers, judges, clergy, and even politicians. While it is easy to support religious freedom in the abstract, tensions can arise between the activities of religious organizations and the law that challenge this general commitment to religious freedom. Should religious organizations be permitted to discriminate against women or gay people in their employment practices, when admitting members, or in providing goods and services? Should the courts interfere in these organizations to protect the interests of a disaffected member or to resolve internal property disputes? Should the state allow religious tribunals to determine or advise on family matters? While much has been written about religious individuals and the law, there has been a discernible lack of literature on organizations and the law. Jane Norton fills this gap with Freedom of Religious Organizations. By exploring potential conflicts between the law and religious organizations, and examining whether the current British response to such conflicts is justified, this book will consider when English law ought to apply to religious organizations and how these conflicts should be dealt with.
Everyone has the right to seek asylum under international law, but public discourse in Australia about refugees is dominated by scare-mongering and political point-scoring. The government seeks to `stop the boats' whatever the cost, be it human, economic, moral or legal. In this new book, Jane McAdam and Fiona Chong find that Australia's policies towards refugees have hardened since their previous bestselling book was published five years ago. Now, Refugee Rights and Policy Wrongs provides a wholly updated account of Australian refugee law and policy. Clearly and carefully, they explain who a refugee is, what rights refugees have under international law, and whether Australia's policies on offshore processing, detention, boat turnbacks and so on violate Australia's obligations under international law. The book also outlines what a human rights-based protection framework might look like and how Australia could show greater global leadership on refugee issues, so as to expand the protection space available to refugees in the Asia-Pacific region. McAdam and Chong trace the ways in which draconian domestic laws enacted over recent years blatantly contravene international law -obligations that Australia has voluntarily signed up to. People seeking asylum, especially those held indefinitely on Manus Island and Nauru, have been broken as a result. The crucial information and depth of understanding this book offers has never been more urgent. Key focal points: Refugee Rights and Policy Wrongs is the most current book on the topic, and includes the so-called medevac legislation that became law on 1 March 2019. Includes full discussion of more recent developments such as Operation Sovereign Borders, with its focus on boat turnbacks, which are shrouded in secrecy. Covers the issue of whether refugees can bring their cases to Australian courts under the provisions of international law.
Title 21 presents regulations promulgated by the Food and Drug Administration, the Drug Enforcement Administration, and the Office of the National Drug Control Agency in the area of food and drugs. These regulations encompass food and drugs for human and animal use, biologics, cosmetics, medical devices, radiological health, and controlled substances. Additions and revisions to this section of the code are posted annually by April. Publication follows within six months.
Before 9/11, films addressing torture outside of the horror/slasher genre depicted the practice in a variety of forms. In most cases, torture was cast as the act of a desperate and depraved individual, and the viewer was more likely to identify with the victim rather than the torturer. Since the terrorist attacks of September 11, 2001, scenes of brutality and torture in mainstream comedies, dramatic narratives, and action films appear for little other reason than to titillate and delight. In these films, torture is devoid of any redeeming qualities, represented as an exercise in brutal senselessness carried out by authoritarian regimes and institutions.
This volume follows the shift in the representation of torture over the past decade, specifically in documentary, action, and political films. It traces and compares the development of this trend in films from the United States, Europe, China, Latin America, South Africa, and the Middle East. Featuring essays by sociologists, psychologists, historians, journalists, and specialists in film and cultural studies, the collection approaches the representation of torture in film and television from multiple angles and disciplines, connecting its aesthetics and practices to the dynamic of state terror and political domination.
Why do the decisions of the European Court of Human Rights in Strasbourg have such an impact on UK law? Why did the UK need a Human Rights Act - and why do some people say it should be repealed? Human Rights Law Directions tackles these and many more questions, introducing students to this exciting area of law. The Directions series has been written with students in mind. The ideal guide as they approach the subject for the first time, this book will help them: - Gain a complete understanding of the topic: just the right amount of detail conveyed clearly - Understand the law in context: with scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear - Identify when and how to critically evaluate the law: they'll be introduced to the key areas of debate and given the confidence to question the law - Deepen and test knowledge: visually engaging learning and self-testing features aid understanding and help students tackle assessments with confidence - Elevate their learning: with the ground-work in place you can aspire to take learning to the next level, with direction provided on how to go further An extensive Online Resource Centre provides a wide range of extra resources to further support studies, including: - Multiple choice questions - Flashcard glossary - A selection of annotated web links - Guidance on answering the end of chapter exam questions - Guidance on answering the end of chapter self-test questions - The text of the Human Rights Act - Updates to the book, including developments on the reform of the Human Rights Act
You may like...
Administrative Justice in South Africa…
Geo Quinot Paperback
The Bill Of Rights Handbook
I Currie, J.De Waal Paperback (8)
A Comprehensive Guide to the Fair Labor…
Diane M. Juffras Paperback R882 Discovery Miles 8 820
North Carolina Sentencing Handbook with…
James M. Markham, Shea Riggsbee Denning Paperback R841 Discovery Miles 8 410
Scott on cession: A treatise on the law…
Susan Scott Paperback
Tyranny of Greed - Trump, Corruption…
Timothy K. Kuhner Paperback
Government Contracts Reference Book
Ralph C Nash Jr, Nash Jr Ralph C, … Paperback
Administrative law in South Africa
Cora Hoexter Paperback
A Case for the American People - The…
Norman Eisen Hardcover
2019 Cumulative Supplement to North…
Jessica Smith, James M. Markham Paperback R1,288 Discovery Miles 12 880