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In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts. The collected data for each jurisdiction makes for engaging reading. It reveals details of the extent of visible (and sometimes implied) comparative activity that each of the courts displays in its jurisprudence ... we now have a clearer picture of how some of the most prominent constitutional courts deal (or desist from dealing) with comparable judgments in other countries. Francois Venter, International Journal of Constitutional Law, Vol. 12, no 1, January 2014 The volume ... represents a refreshing approach to complex questions raised in debates about constitutional borrowing, transjudicial communication, or the migration of constitutional ideas ... The Use of Foreign Precedents by Constitutional Judges will be essential reading for scholars seeking to refresh the debates about using foreign law. Helene Tyrrell, Public Law, April 2014
Constitutional and Administrative Law guides readers through the key principles of public law, examining significant cases and recent developments along the way. The book's broad coverage is presented in a concise and easy-to-read format, while chapter summaries and self-test questions help reinforce knowledge. Highly praised by students and lecturers alike, Constitutional and Administrative Law is a must for undergraduates of all levels. Online resources The book is supported by the following online resources: - General public law updates keep you up-to-date on any significant changes in the law that have occurred since publication of the book - An extensive 'library' of web links that directs readers to further sources of information on each of the core topics taught as part of a public law course, including websites, audio and video clips, blogs, and journal articles - A timeline of key dates in British political history provides a fascinating insight into the events that have influenced the development of constitutional and administrative law in the UK
The book presents timely and needed contributions on privacy and data protection seals as seen from general, legal, policy, economic, technological, and societal perspectives. It covers data protection certification in the EU (i.e., the possibilities, actors and building blocks); the Schleswig-Holstein Data Protection Seal; the French Privacy Seal Scheme; privacy seals in the USA, Europe, Japan, Canada, India and Australia; controversies, challenges and lessons for privacy seals; the potential for privacy seals in emerging technologies; and an economic analysis. This book is particularly relevant in the EU context, given the General Data Protection Regulation (GDPR) impetus to data protection certification mechanisms and the dedication of specific provisions to certification. Its coverage of practices in jurisdictions outside the EU also makes it relevant globally. This book will appeal to European legislators and policy-makers, privacy and data protection practitioners, certification bodies, international organisations, and academics. Rowena Rodrigues is a Senior Research Analyst with Trilateral Research Ltd. in London and Vagelis Papakonstantinou is a Senior Researcher at the Vrije Universiteit Brussel in Brussels.
How has the modern conservative movement thrived in spite of the lack of harmony among its constituent members? What, and who, holds together its large corporate interests, small-government libertarians, social and racial traditionalists, and evangelical Christians? Raised Right pursues these questions through a cultural study of three iconic conservative figures: National Review editor William F. Buckley, Jr., President Ronald Reagan, and Supreme Court Justice Clarence Thomas. Examining their papers, writings, and rhetoric, Jeffrey R. Dudas identifies what he terms a "paternal rights discourse"-the arguments about fatherhood and rights that permeate their personal lives and political visions. For each, paternal discipline was crucial to producing autonomous citizens worthy and capable of self-governance. This paternalist logic is the cohesive agent for an entire conservative movement, uniting its celebration of "founding fathers," past and present, constitutional and biological. Yet this discourse produces a paradox: When do authoritative fathers transfer their rights to these well-raised citizens? This duality propels conservative politics forward with unruly results. The mythology of these American fathers gives conservatives something, and someone, to believe in-and therein lies its timeless appeal.
This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarize readers with the style, technique, and language of the Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.
La Constitucion de los Estados Unidos fue redactada en la Convencion Constitucional en Filadelfia en 1787, firmada el 17 de septiembre de 1787 y ratificada por el numero requerido de estados (nueve) el 21 de junio de 1788. Sustituyo los Articulos de la Confederacion, los estatutos originales de los Estados Unidos que estaban vigentes desde 1781.
The courts use the proportionality test to assess the Convention-compatibility of the full range of government action, from administrative decisions to primary legislation. In applying the test, the courts are often conscious of the need to pay some deference to the expertise and competence of other branches of government. This rigorous analysis of the relationship between proportionality and deference under the Human Rights Act sets out a model of proportionality, drawn from existing case law, which integrates deference within the multi-stage proportionality test. The model is 'institutionally sensitive' and can be applied to proportionality-based judicial review of all forms of government activity. The model is shown in operation in three fields that span the full range of government activity: immigration (administrative action), criminal justice (legislation) and housing (multi-level decisions).
Service and Procedures in Bureaucracy was first published in 1956. 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.Large, complex systems of organization, such as government bureaus, giant corporations, and massive trade unions, play a decisive role in the daily lives of millions of people and exert an important influence upon national and even international affairs. This gives major sociological significance to the bureaucratic organizations of such groups.The research reported here was undertaken to test two widespread beliefs about modern, largescale organizations, and the findings point to modifications in what has been regarded as the classic sociological concept of bureaucracy.Does the personnel in bureaucracies commonly substitute rule-following, preoccupation with procedure, for the intended service purpose of the organization? And are bureaucracies characterized by impersonality, that is, detachment of office from individual, so that relations are between offices rather than between individuals? These are the questions the authors sought to answer in their study of the Louisiana Division of Employment Security. They observed employees working at their jobs, conducted interviews, administered questionnaires, and studied the official documents and records of the organization.Here is a picture of bureaucracy in real life that will provide valuable insight to those actively concerned with administration and personnel problems, as well as to students in the social sciences.
La Constitucion de 1993 fue redactada por el Congreso Constituyente Democratico tras el autogolpe y la subsecuente crisis constitucional de 1992. Fue aprobada mediante el referendum de 1993, durante el gobierno de Alberto Fujimori, aunque los resultados han sido discutidos por algunos sectores, es actualmente la base del sistema juridico del pais.
This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.
Markets sometimes fail. But so do regulatory efforts to correct market failures. Sometimes regulations reach too far, condemning good activities as well as bad, and sometimes they don't reach far enough, allowing bad behavior to persist. In this highly instructive book, Thomas A. Lambert explains the pitfalls of both extremes while offering readers a manual of effective regulation, showing how the best regulation maximizes social welfare and minimizes social costs. Working like a physician, Lambert demonstrates how regulators should diagnose the underlying disease and identify its symptoms, potential remedies for it, and their side effects before selecting the regulation that offers the greatest net benefit. This book should be read by policymakers, students, and anyone else interested in understanding how the best regulations are crafted and why they work.
The eighth edition of Textbook on Administrative Law has been substantially revised and updated to provide a concise and topical account of this fast-moving area of law. The guiding theme of this acclaimed textbook is how accountability is achieved through a 'grievance chain' comprising Parliament, informal methods of dispute resolution, ombudsmen, tribunals, and, particularly, by the courts through judicial review. This edition remains as accessible as ever, fully exploring the core areas of the subject and setting them in a contextual framework. In addition to wide-spread recognition as an invaluable core text for LLB and GDL students, Textbook on Administrative Law is a stimulating introduction for postgraduates and for non-law undergraduates with an interest in the field. The book is accompanied by an Online Resource Centre providing a wide range of extra resources to further support students in their studies, including: - Updates in constitutional and administrative law - An extensive range of web links - An interactive timeline of significant public law events throughout history - 'Oxford News Now'- a live feed on topical public law issues, sourced from news websites such as the BBC and Guardian
Theoretically, the right to privacy is an individual's right to space away from the public gaze to make life choices that are best for her or him, regardless of the beliefs of the majority. Yet the right to privacy in the United States has proven problematic for both political theorists and constitutional scholars, as it does not conform to theoretical conceptions of privacy or to existing theories of constitutional development. Mary McThomas provides a new model that helps us to think about both the right to privacy as well as constitutional development. She first divides privacy issues into two categories, and then illustrates how the two categories are treated differently. The first category, proprietary privacy, covers such issues as medical records and wiretapping. The second category, decisional privacy, involves making decisions about intimate matters such as the right to die, same-sex marriage, and abortion. McThomas tracks and assesses higher court cases in conversational privacy, representative of proprietary privacy, and court cases in marital privacy, representative of decisional privacy. She concludes that the most notable difference between the different types of privacy is that decisional privacy has evolved more slowly towards constitutionalization, and so is much more likely to be limited by community standards and social norms. This book brings the theoretical conceptions and the practice of privacy rights together, explaining what has happened in the area up until this point, and offering ways to predict how the courts will handle some of today's most contentious issues.
The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 17th edition has been updated with 20 new cases, including landmark decisions on such topics as campaign finance, Obamacare, gay marriage, the First Amendment, search and seizure, among others. Updated through the end of the 2017 Supreme Court session, this book remains an indispensable resource for undergraduate and law school students, lawyers, and everyone interested in our nation's laws and Constitution.
First published in September 1992, the book traces the nature and development of the fundamental legal relationships among slaves, masters, and third parties. It shows how the colonial and antebellum Southern judges and legislators accommodated slavery's social relationships into the common law, and how slave law evolved in different states over time in response to social political, economic, and intellectual developments. The book states that the law of slavery in the US South treated slaves both as people and property. It reconciles this apparent contradiction by demonstrating that slaves were defined in the law as items of human property without any legal rights. When the lawmakers recognized slaves as people, they burdened slaves with added legal duties and disabilities. This epitomized in legal terms slavery's oppressive social relationships. The book also illustrates how cases in which the lawmakers recognized slaves as people legitimized slavery's inhumanity. References in the law to the legal humanity of people held as slaves are shown to be rhetorical devices and cruel ironies that regulated the relative rights of the slaves' owners and other free people that were embodied in people held as slaves. Thus, it is argued that it never makes sense to think of slave legal rights. This was so even when the lawmakers regulated the individual masters' rights to treat their slaves as they wished. These regulations advanced policies that the lawmakers perceived to be in the public interest within the context of a slave society.
How are the principles of freedom of expression, developed over the centuries, preserved and passed on? How can large internet intermediaries be required to respect freedom of expression and to contribute actively to a diverse and plural market of opinions? These are key issues for media regulation - and will be so in the following decades as far as it is foreseeable. The book starts with the definition and summary of freedom of expression and freedom of the press and then goes on to elaborate on the general questions of the internet as a specific medium. It then turns to analysing the legal issues arising in the course of operation of the three most important intermediaries (ISPs, search engines and social media) that affect freedom of expression. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international (Council of Europe, European Union) developments, as well as the jurisprudence of the European Court of Human Rights.
A radical reconstruction of the founders' debate over slavery and the Constitution, by the best-selling, award-winning author of The Rise of American Democracy. Americans revere the Constitution even as they argue fiercely over its original toleration of slavery. Some historians have charged that slaveholders actually enshrined human bondage at the nation's founding. The acclaimed political historian Sean Wilentz shares the dismay but sees the Constitution and slavery differently. Although the proslavery side won important concessions, he asserts, antislavery impulses also influenced the framers' work. Far from covering up a crime against humanity, the Constitution restricted slavery's legitimacy under the new national government. In time, that limitation would open the way for the creation of an antislavery politics that led to Southern secession, the Civil War, and Emancipation. Wilentz's controversial and timely reconsideration upends orthodox views of the Constitution. He describes the document as a tortured paradox that abided slavery without legitimizing it. This paradox lay behind the great political battles that fractured the nation over the next seventy years. As Southern Fire-eaters invented a proslavery version of the Constitution, antislavery advocates, including Abraham Lincoln and Frederick Douglass, proclaimed antislavery versions based on the framers' refusal to validate what they called "property in man." No Property in Man invites fresh debate about the political and legal struggles over slavery that began during the Revolution and concluded with the Confederacy's defeat. It drives straight to the heart of the most contentious and enduring issue in all of American history.
This book deals with human rights action planning, as a largely under-researched area, from theoretical, doctrinal, empirical, and practical perspectives, and as such, provides the most comprehensive studies of human rights planning to date. At the theoretical level, by advancing a novel general theory of human rights planning, it offers an alternative to the traditional state-centric model of planning. This new theory contains four sub-theories: contextual, substantive, procedural, and analytical ones. At the doctrinal level, by conducting a textual analysis of core human rights conventions, it reveals the scope and nature of the states' obligation to adopt a plan of action for implementing human rights. At the empirical level, a cross-case analysis of national human rights action plans of 53 countries is conducted exploring the major problems of these plans in different phases of planning and uncovering the underlying causes of these problems. At the practical level, this volume sets out how these plans should be developed and implemented, how they can be best monitored by international human rights bodies, and how to maximize their effectiveness. With discussions bridging human rights theory and practice and development discourse, this book will be a useful resource for a wide range of audiences, from academics of different disciplines (law, human rights, social policy, political science, political philosophy, legal philosophy, development studies, planning studies, socio-legal studies) to governments, human rights practitioners, and the UN human rights bodies.
The Fifteenth Edition covers the 2014 midterm elections and includes discussions of the agenda of the new Congress, White House-Capitol Hill relations, party and committee leadership changes, judicial appointments, and partisan polarization. Offering a balance of great scholarship and currency, this best seller features lively case material along with relevant data, charts, exhibits, maps, and photos. New and updated topics in the Fifteenth Edition include: Coverage of changes in the campaign finance landscape Recent examples of legislative battles and policy debates Profiles of new leaders and members Discussion of changes in congressional rules and procedures Examination of rising party conflict in House and Senate Extensive updates on national security issues facing Congress
The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for saying that 'shouting fire in a crowded theater' is not protected by the First Amendment. The case itself upheld an espionage conviction, but it also created a much stricter standard for governmental suppression of speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of American's leading First Amendment scholars, Geoffrey Stone and Lee Bollinger, have gathered a group of the nation's leading legal scholars (Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, and others) to evaluate the development of free speech doctrine since Schenk and assess where it might be headed in our post-Snowden era. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies-remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection for free expression it has afforded since the 1960s. Since 1919, the degree of judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, heightened political sensitivities, and new technologies of communication continually reshape our understanding of what sort of speech should be allowed. Publishing on the one hundredth anniversary of the decision that established free speech as we have come to understand it today, The Free Speech Century will serve as essential overview for anyone interested in how our understanding of the First Amendment transformed over time and why it continues to change to this day.
Political institutions are the main subject of political theory-or they ought to be. Jeremy Waldron argues for reorienting the theory of politics toward the institutions of modern democracy and the mechanisms through which democratic ideals are achieved. Too many political theorists are preoccupied with the nature of justice, liberty, and equality, at the cost of ignoring the governmental institutions needed to achieve them. By contrast, political scientists have kept institutions in view but deploy a meager set of value-conceptions in analyzing them. Waldron considers the uses and abuses of an array of institutions and traditions, from separation of powers and bicameralism to judicial review of legislation, the principle of loyal opposition, the nature of representation, accountability, and the rule of law. He provides a critical perspective on the role of courts in a constitutional democracy and offers an illuminating critique of the contrasting views of Hannah Arendt and Isaiah Berlin. Even if political theorists remain fixated on expounding the philosophical foundations of democracy, Waldron argues, a firmer grasp of the means through which democracy is realized is also needed. This is what political political theory means: theory addressing the way institutions orchestrate resolutions to disputes over social ideals.
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