|
|
Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
Although many books on terrorism and religious extremism have been
published in the years since 9/11, none of them written by Western
authors call for the curtailment of religious freedom and freedom
of expression for the sake of greater security. Issues like
torture, domestic surveillance, and unlawful detentions have
dominated the literature in this area, but few, if any, major
scholars have questioned the vast allowances made by Western
nations for the freedoms of religion and speech.
Freedom from Religion challenges the almost sacrosanct
inviolability of these two civil liberties. By drawing the
connection between politically-correct tolerance of extremist
speech and the rise of terrorist activity, this book sets the
context for its unique proposal that governments should introduce
new limits on religious practice within their borders. To
demonstrate the wisdom of this course, the author presents the
disparate policies and security circumstances of five countries:
the U.S., the UK, the Netherlands, Turkey, and Israel. The book
benefits not just from the author's own counter-terrorism
experience in Israel and the U.S. but also from an international
advisory group of leading scholars from all five of the countries
under review.
This second edition includes significant new material analyzing the
trial of Warren Jeffs, self-censorship in the face of religious
sensitivity, religious extremism and violence in Israel, and the
complicated tension in the Netherlands between speech and religion.
In it, Guiora responds to public discussion and criticism provoked
by the proposal presented in the first edition that governments
impose limits on religious extremist practices and speech within
their borders. In doing so, Guiora sheds new light on the
existential and practical predicaments confronting civil democratic
society: how much intolerance should the nation-state tolerate and
to whom does government owe a duty.
With a new introduction by Ronan Deazley, Professor of Law,
University of Glasgow. First Edition of "A Standard Book on the Law
of Copyright" Reprint of the first edition. "A standard book on the
law of copyright was published by W.A. Copinger 1847-1910] in 1870.
It deals very fully with the history and the statute law as to
literary copyright; as to Crown and university and college
copyright; as to musical, dramatic, and artistic copyright, and
copyright in designs; as to international copyright and copyright
in foreign countries; and as to agreements between authors and
publishers. The merits of the book are proved by the fact that is
reached a ninth edition in 1958." --William S. Holdsworth, History
of English Law XV 299-300 WALTER ARTHUR COPINGER 1847-1910] was a
barrister-at-law of the Middle Temple.
The question of supranational citizenship is one of the more
controversial in EU law. It is politically contested, the object of
prominent court rulings and the subject of intense academic
debates. This important new collection examines this vexed
question, paying particular attention to the Court of Justice.
Offering analytical readings of the key cases, it also examines
those political, social and normative factors which influence the
evolution of citizens' rights. This examination is not only timely
but essential given the prominence of citizen rights in recent
political debates, including in the Brexit referendum. All of these
questions will be explored with a special emphasis on the interplay
between immigration from third countries and rules on Union
citizenship.
Evidentiary assessment holds a central position in all forms of
judicial decision-making. Also the asylum procedure is dependent on
solutions made in theory and practice regarding evidentiary issues.
This book explores the particular framework of evidentiary
assessment in selected European appellate asylum procedures and
discusses the relationship between these procedures, on the one
hand, and between these procedures and other legal systems,
including the EU legal order, on the other. Conclusions are made
regarding the similarities and differences between the German,
English and Finnish asylum procedures and the position and impact
of European legal norms on the national procedures. The book
further discusses possibilities for harmonization and the future
work towards a Common European Asylum System.
This is a book about the dynamics of the aspirational society. It
explores the boundaries of permissible thought--deviations and
transgressions that create constant innovations. When confronted
with a problem, an innovative mind struggles and brings forth
something distinctive--new ideas, new inventions, and new programs
based on unconventional approaches to solve the problem. But this
can be done only if the culture creates large breathing spaces by
leaving people alone, not as a matter of state generosity but as
something fundamental in being an American. Consequently, the
Constitutional mandate of "Congress shall make no law..." has
encouraged fearless speech, unrestrained thought, and endless
experimentation leading to newer developments in science,
technology, the arts, and not least socio-political relations. Most
of all, the First Freedoms liberate the mind from irrational fears
and encourage an environment of divergent thinking, non-conformity,
and resistance to a collective mindset. The First Freedoms
encourage Americans to be iconoclastic, to be creatively crazy, to
be impure, thus, enabling them to mix and re-mix ideas to design
new technologies and cultural forms and platforms, anything from
experimental social relations and big data explorations to electing
our first black president.
JOIN OVER HALF A MILLION STUDENTS WHO CHOSE TO REVISE WITH LAW
EXPRESS Revise with the help of the UK's bestselling law revision
series. Features: * Review essential cases, statutes, and legal
terms before exams. * Assess and approach the subject by using
expert advice. * Gain higher marks with tips for advanced thinking
and further discussions. * Avoid common pitfalls with Don't be
tempted to. * Practice answering sample questions and discover
additional resources on the Companion website.
www.pearsoned.co.uk/lawexpress
Roman Law's Influence on Public Law and the State This collection
of eleven distinguished essays explores the revival of Roman law
and its subsequent influence on the development of public law and
early modern theories of the state. "This very fine book deserves
to be judged as something more than a mere collection of scattered
essays. There is an impressive unity of thought and argument
running through all the various studies, and together they form a
coherent and extremely valuable contribution to a recent movement
of thought that has been reshaping our understanding of the
principles on which medieval government was based."--Brian Tierney,
Harvard Law Review 78 (1964-1965):1502 GAINES POST 1902-1987]
received an M.A. in 1925 and Ph.D. in 1931 at Harvard University.
He researched medieval history and culture at the Ecole de Chartres
in France from 1927-1928 and also conducted research in Italy,
Germany, and England. Post was a member of the Department of
History at the University of Wisconsin, Madison, from 1935 to 1941,
a lecturer at the Riccoboro Seminar in 1947, and a lecturer at the
Medieval Institute at the University of Notre Dame. Some of his
many accomplishments include a Fulbright research award to France
in 1951-1952, two Guggenheim Fellowships (1939-1940 and 1955-1956)
and an honorary fellowship in the American Society for Legal
History. While an instructor at Princeton University from 1959-1960
he was the chairman of the Institute of Research and Study in
Medieval Canon Law. In 1954 he accepted a faculty position at
Princeton University, where he remained until his retirement in
1970.
This timely book untangles the digital media jurisprudence of
supranational courts in Europe with a focus on the CJEU and the
ECtHR. It argues that in the face of regulatory tension and
uncertainty, courts can have a strong bearing on the applicable
rules and standards of digital media. Chapters written by expert
contributors explore the interpretative steps taken by the CJEU and
the ECtHR to solve arising legal issues, shedding light on their
interpretation and refinement of the applied rules. The book
provides fresh insights into the effects of European adjudication
on the content and scope of the rules enforced and examines the
ways in which the two European courts address the specificities of
digitalization and digital media in their rulings. It also
addresses the process of defining the constitutional boundaries of
digital media and the exercise of rights and freedoms therein,
focusing on digital media and the distinct challenges posed by
digitalization and digital communication. Digital Media Governance
and Supranational Courts will be a key resource for academics and
scholars of European and Constitutional law, fundamental rights and
digital transformation, as well as for students seeking a better
understanding of the contribution of the CJEU and the ECtHR to
digital media governance.
." . . the real source of his Cooley's] fame. This book originated
from the need of introducing a course on Constitutional Law in the
school. . . . The text was developed as a basis for lectures. . . .
His discussion attained immediate fame and his views and
suggestions practically dominated American Constitutional Law. . .
. Like Blackstone, Pomeroy and many other legal works, the
influence of Constitutional Limitations rests partly upon literary
qualities, upon clarity and grace of unaffected statement." --James
G. Rogers, American Bar Leaders 70."The most influential work ever
published on American Constitutional law." --Edward S. Corwin,
Constitutional Revolution 87.Thomas McIntyre Cooley 1824-1898] was
a justice of the Michigan Supreme Court and was appointed by
President Grover Cleveland to serve on the Interstate Commerce
Commission. He was a visiting professor at Johns Hopkins University
and dean of the University of Michigan Law School. First issued in
1870, his edition of Blackstone, popularly known as "Cooley's
Blackstone," was the standard American edition of the late
nineteenth century. Some of his other influential publications are
A Treatise on the Law of Taxation (1876) and A Treatise on the Law
of Torts or the Wrongs Which Arise Independently of Contract
(1878). Thomas M. Cooley Law School in Lansing, Michigan, founded
in 1972, was named in his honor.
Constitutions serve to delineate state powers and enshrine basic
rights. Such matters are hardly uncontroversial, but perhaps even
more controversial are the questions of who (should) uphold(s) the
Constitution and how constitutional review is organised. These two
questions are the subject of this book by Maartje de Visser, which
offers a comprehensive, comparative analysis of how 11
representative European countries answer these questions, as well
as a critical appraisal of the EU legal order in light of these
national experiences. Where possible, the book endeavours to
identify Europe's common and diverse constitutional traditions of
constitutional review. The raison d'etre, jurisdiction and
composition of constitutional courts are explored and so too are
core features of the constitutional adjudicatory process. Yet, this
book also deliberately draws attention to the role of non-judicial
actors in upholding the Constitution, as well as the complex
interplay amongst constitutional courts and other actors at the
national and European level. The Member States featured are:
Belgium, the Czech Republic, Finland, France, Germany, Italy,
Hungary, the Netherlands, Spain, Poland, and the United Kingdom.
This book is intended for practitioners, academics and students
with an interest in (European) constitutional law.
How law is made, how governance works, and the response of the
governed remain crucial modern questions whose roots in many parts
of the world reach deep into the past of medieval England. Scholars
have long discussed these issues and new perspectives regularly
emerge. This volume brings together contemporary views from leaders
in the field and from younger scholars, both historians and
literary critics. Classic themes and incidents are creatively
revisited and new avenues of approach are suggested.
Kazakhstan finds itself at the crossroads of political, economic,
social and cultural relations between the East and West.
Constituting a bridge between Europe and Asia, uniting more than
100 different ethnic and religious groups and possessing huge
territory with abundant natural resources, it is a unique country
with enormous potential to grow in stature on the world's stage.
This book is the first-ever comprehensive overview of the legal
system of Kazakhstan in English. It offers a compact, coherent,
systematic and reliable overview of the major legal concepts,
principles and developments of the legal system of Kazakhstan.
Sixteen chapters, each written by an expert in the respective
field, cover the following specific areas of the Kazakhstani legal
system: Legal History of Kazakhstan; Basic Features of the Legal
System (Comparative Perspective and Sources of Law); Legal
Education and Science in Kazakhstan; Constitutional Law;
Administrative Law; Law of Persons; Property Law; Law of
Obligations; Family and Inheritance Law; Labor Law; Private
International Law; Civil Procedure; Criminal Law; Criminal
Procedure; Investment and Energy Law; Tax Law.
For a range of reasons - including internal and external pressures
- the constitutional arrangements in many countries are changing.
Constitutional change may be: formal, involving amendments to the
texts of Constitutions or the passage of legislation of a clearly
constitutional kind; or informal and organic, as where court
decisions affect the operation of the system of government, or
where new administrative and other arrangements (e.g.
agencification) affect or articulate or alter the operation of the
Constitution of the country, without the need for government to
resort to legislation. This book explores how Constitutions change
and are changed in a number of countries, and how the
'Constitution' of the EU changes and is changed. The countries in
this study include - from the EU - a common law country, a Nordic
one, a former communist state, several civil law systems,
parliamentary systems, and a hybrid one (France). Chapters on
non-EU countries include two on developing countries (India and
South Africa), two on common law countries without written
constitutions (Israel and New Zealand), a presidential system (the
US), and three federal ones (the US, Canada, and Switzerland). In
the final chapter, the editors conduct a detailed comparative
analysis of the jurisdiction-based chapters and explore the
question whether any overarching theory or theories about
constitutional change in liberal democracies emerge from the study.
Analyzes the history of enslaved African Americans' relationship
with the criminal courts of the Old Dominion during a 160-year
period. Schwarz's study is based on more than 4,000 trials from the
colonial, early national, and antebellum periods. This book
provides a fascinating portrayal of slave culture and slave
resistance to white Society, not only as a means of resistance
against oppression, but also as a means of individual empowerment.
|
|