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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.
The relationship between EU law and national constitutional law, including constitutional law in federalism matters, has been subject to an ongoing scholarly debate. Beyond Federal Dogmatics contributes to this debate in two ways. Stef Feyen argues for an approach to constitutional law that goes beyond the classic, "dogmatic") understanding of constitutional case law regarding federalism as expounded in Belgian academia. Building on that basis, he sets out to rethink the framework within which the connection between EU law and national constitutional law can be understood. The analysis delves into the relationship, and sometimes tension) between rule-of-law values, which may serve as checks upon instrumental forms of reasoning) and the toolbox deployed in constitutional court case law to accommodate several rather pragmatic needs."
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.
Nordic law is often referred to as something different from other legal systems. At the same time, it is a common belief that the Nordic countries share more or less the same legal tradition and are very similar in their approach to the law. Considering both of these points of view, the book tells a story of how Nordic law and Nordic legal thinking differ from other legal systems, and how there are many particularities in the law of each of the Nordic countries, making them different from each other. The idea of "Nordic" law also conceals national features. The basic premise of the book is that even if, strictly speaking, there is no such thing as a Nordic common law, it still makes sense to speak of "Nordic" law, and that acquiring a more-than-basic knowledge of this law is interesting not only for comparative lawyers, but also helpful for those working with Nordic lawyers and dealing with questions involving law in the Nordic countries.
Irish law currently permits abortion only where the life of the pregnant woman is at risk. Since 1983, the 8th Amendment to the Constitution has recognised the "unborn" as having a right to life equal to that of the "mother". Consequently, most people in Ireland who wish to bring their pregnancies to an end either import the abortion pill illegally, travel abroad to access abortion, or continue with the pregnancy against their will. Now, however, there are signs of change. A constitutional referendum will be held in 2018, after which it will be possible to reimagine, redesign, and reform the law on abortion. Written by experts in the field, this book draws on experience from other countries, as well as experiences of maternal medical care in Ireland, to call for a feminist, woman-centered, and rights-based radical new approach to abortion law in Ireland. Directly challenging grounds-based abortion law, this accessible guide brings together feminist analysis, comparative research, human rights law, and political awareness to propose a new constitutional and legislative settlement on reproductive autonomy in Ireland. It offers practical proposals for policymakers and advocates, including model legislation, making it an essential campaigning tool leading up to the referendum.
This book explores the legitimacy of political asylum applications in the US and UK through an examination of the varieties of evidence, narratives, and documentation with which they are assessed. Credibility is the central issue in determining the legitimacy of political asylum seekers, but the line between truth and lies is often elusive, partly because desperate people often have to use deception to escape persecution. The vetting process has become infused with a climate of suspicion that not only assesses the credibility of an applicant's story and differentiates between the economic migrant and the person fleeing persecution, but also attempts to determine whether an applicant represents a future threat to the receiving country. This innovative text approaches the problem of deception from several angles, including increased demand for evidence, uses of new technologies to examine applicants' narratives, assessments of forged documents, attempts to differentiate between victims and persecutors, and ways that cultural misunderstandings can compromise the process. Essential reading for researchers and students of Political Science, International Studies, Refugee and Migration Studies, Human Rights, Anthropology, Sociology, Law, Public Policy, and Narrative Studies.
Can courts really build democracy in a state emerging from authoritarian rule? This book presents a searching critique of the contemporary global model of democracy-building for post-authoritarian states, arguing that it places excessive reliance on courts. Since 1945, both constitutional courts and international human rights courts have been increasingly perceived as alchemists, capable of transmuting the base materials of a nascent democracy into the gold of a functioning democratic system. By charting the development of this model, and critically analysing the evidence and claims for courts as democracy-builders, this book argues that the decades-long trend toward ever greater reliance on courts is based as much on faith as fact, and can often be counter-productive. Offering a sustained corrective to unrealistic perceptions of courts as democracy-builders, the book points the way toward a much needed rethinking of democracy-building models and a re-evaluation of how we employ courts in this role.
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.
The Concentrate Q&As are a result of a collaboration involving hundreds of law students and lecturers from universities across the UK. The series offers you better support and a greater chance to succeed on your law course than any of the competitors. 'A sure-fire way to get a 1st class result' (Naomi M, Coventry University) 'My grades have dramatically improved since I started using the OUP Q&A guides' (Glen Sylvester, Bournemouth University) 'These first class answers will transform you into a first class student' (Ali Mohamed, University of Hertfordshire) 'I can't think of better revision support for my study' (Quynh Anh Thi Le, University of Warwick) 'I would strongly recommend Q&A guides. They have vastly improved my structuring of exam answers and helped me identify key components of a high quality answer' (Hayden Roach, Bournemouth University) '100% would recommend. Makes you feel like you will pass with flying colours' (Elysia Marie Vaughan, University of Hertfordshire) 'My fellow students rave about this book' (Octavia Knapper, Lancaster University) 'The best Q&A books that I've read; the content is exceptional' (Wendy Chinenye Akaigwe, London Metropolitan University) 'I would not hesitate to recommend this book to a friend' (Blessing Denhere, Coventry University)
Toronto prides itself on being "the world's most diverse city," and its officials seek to support this diversity through programs and policies designed to promote social inclusion. Yet this progressive vision of law often falls short in practice, limited by problems inherent in the political culture itself. In "Everyday Law on the Street", Mariana Valverde brings to light the often unexpected ways that the development and implementation of policies shape everyday urban life. Drawing on four years spent participating in council hearings and civic association meetings, and shadowing housing inspectors and law enforcement officials as they went about their day-to-day work, Valverde reveals a telling transformation between law on the books and law on the streets. She finds, for example, that some of the democratic governing mechanisms generally applauded - public meetings, for instance - actually create disadvantages for marginalized groups, whose members are less likely to attend or articulate their concerns. As a result, both officials and citizens fail to see problems outside the point of view of their own needs and neighborhood. Taking issue with Jane Jacobs and many others, Valverde ultimately argues that Toronto and other diverse cities must reevaluate their allegiance to strictly local solutions. If urban diversity is to be truly inclusive - of tenants as well as homeowners, and recent immigrants as well as longtime residents - cities must move beyond microlocal planning and embrace a more expansive, citywide approach to planning and regulation.
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
Read Peter's Op-ed on Trump's Immigration Ban in The New York Times The rise of dual citizenship could hardly have been imaginable to a time traveler from a hundred or even fifty years ago. Dual nationality was once considered an offense to nature, an abomination on the order of bigamy. It was the stuff of titanic battles between the United States and European sovereigns. As those conflicts dissipated, dual citizenship continued to be an oddity, a condition that, if not quite freakish, was nonetheless vaguely disreputable, a status one could hold but not advertise. Even today, some Americans mistakenly understand dual citizenship to somehow be "illegal", when in fact it is completely tolerated. Only recently has the status largely shed the opprobrium to which it was once attached. At Home in Two Countries charts the history of dual citizenship from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it's a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.
A stunning revision of our founding document's evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption-a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document's uncertainty, and-over time-how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution's most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.
The Civil Rights Revolution carries Bruce Ackerman's sweeping reinterpretation of constitutional history into the era beginning with Brown v. Board of Education. From Rosa Parks's courageous defiance, to Martin Luther King's resounding cadences in "I Have a Dream," to Lyndon Johnson's leadership of Congress, to the Supreme Court's decisions redefining the meaning of equality, the movement to end racial discrimination decisively changed our understanding of the Constitution. "The Civil Rights Act turns 50 this year, and a wave of fine books accompanies the semicentennial. Ackerman's is the most ambitious; it is the third volume in an ongoing series on American constitutional history called We the People. A professor of law and political science at Yale, Ackerman likens the act to a constitutional amendment in its significance to the country's legal development." -Michael O'Donnell, The Atlantic "Ackerman weaves political theory with historical detail, explaining how the civil rights movement evolved from revolution to mass movement and then to statutory law...This fascinating book takes a new look at a much-covered topic." -Becky Kennedy, Library Journal
The international legal framework of human rights presents itself as universal. But rights do not exist as a mere framework; they are enacted, practiced, and debated in local contexts. Rights After Wrongs ethnographically explores the chasm between the ideals and the practice of human rights. Specifically, it shows where the sweeping colonial logics of Western law meets the lived experiences, accumulated histories, and humanitarian debts present in post-colonial Zimbabwe. Through a comprehensive survey of human rights scholarship, Shannon Morreira explores the ways in which the global framework of human rights is locally interpreted, constituted, and contested in Harare, Zimbabwe, and Musina and Cape Town, South Africa. Presenting the stories of those who lived through the violent struggles of the past decades, Morreira shows how supposedly universal ideals become localized in the context of post-colonial Southern Africa. Rights After Wrongs uncovers the disconnect between the ways human rights appear on paper and the ways in which it is possible for people to use and understand them in everyday life.
In recent years, political philosophers have debated whether human rights are a special class of moral rights we all possess simply by virtue of our common humanity and which are universal in time and space, or whether they are essentially modern political constructs defined by the role they play in an international legal-political practice that regulates the relationship between the governments of sovereign states and their citizens. This edited volume sets out to further this debate and move it ahead by rethinking some of its fundamental premises and applying it to new and challenging domains, such as socio-economic rights, indigenous rights, the rights of immigrants and the human rights responsibilities of corporations. Beyond the philosophy of human rights, the book has a broader relevance by contributing to key themes in the methodology of political philosophy and addressing urgent issues in contemporary global policy making.
This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.
This book offers a topical inquiry into the legal and political limits of EU regulation in the field of risk and new technologies surrounded by techno-scientific complexity, uncertainty, and societal contestation. It uses agricultural biotechnology as a paradigmatic example to illustrate the complex intertwinement between environmental, public health, economic and social concerns in risk regulation. Weimer analyses the drawbacks of the EU approach to agricultural biotechnology showing that its reductionism, i.e. the narrow understanding of GMO risks as well as the exclusion of broader societal concerns related to environmental and social sustainability, has undermined both the legitimacy and effectiveness of EU regulation in this area. Resistance to this approach however has also triggered legal innovations prompting us to re-think EU internal market law, including the way in which it manages the tensions between unity and diversity, and between social and economic concerns. This text offers fresh and original insights into how far the EU can go in harmonizing regulatory approaches to risk. At the same time, it proposes new ways of re-thinking EU risk regulation to make it more responsive to different perspectives on risk and technology. A unique feature of this book is that it contributes to various strains of scholarship including risk regulation, internal market law, public administration, and studies of governance and regulation, as well as connecting these themes to broader debates about the legitimacy of European integration and new ways of differentiated integration. As a result it assists in re-imagining the EU internal market and its regulation as a site of diversity.
There have always been mail-order brides in America-but we haven't always thought about them in the same ways. In Buying a Bride, Marcia A. Zug starts with the so-called "Tobacco Wives" of the Jamestown colony and moves all the way forward to today's modern same-sex mail-order grooms to explore the advantages and disadvantages of mail-order marriage. It's a history of deception, physical abuse, and failed unions. It's also the story of how mail-order marriage can offer women surprising and empowering opportunities. Drawing on a forgotten trove of colorful mail-order marriage court cases, Zug explores the many troubling legal issues that arise in mail-order marriage: domestic abuse and murder, breach of contract, fraud (especially relating to immigration), and human trafficking and prostitution. She tells the story of how mail-order marriage lost the benign reputation it enjoyed in the Civil War era to become more and more reviled over time, and she argues compellingly that it does not entirely deserve its current reputation. While it is a common misperception that women turn to mail-order marriage as a desperate last resort, most mail-order brides are enticed rather than coerced. Since the first mail-order brides arrived on American shores in 1619, mail-order marriage has enabled women to improve both their marital prospects and their legal, political, and social freedoms. Buying A Bride uncovers this history and shows us how mail-order marriage empowers women and should be protected and even encouraged.
Drafting the Irish Free State Constitution challenges the myths surrounding the Irish Free Constitution by analysing the document in its proper historical context, by looking at how the Constitution was drafted and elucidating the true nature of the document. It examines the reasons why the Constitution did not function as anticipated and investigates whether the failures of the document can be attributed to errors of judgement in the drafting process or to subsequent events and treatment of the document. As well as giving a comprehensive account of the drafting stages and an analysis of the three alternative drafts for the first time, the book considers the intellectual influences behind the Constitution and the central themes of the document. This work constitutes a new look at this historic document through a legal lens and the analysis benefits from the advantage of hindsight as well as from the fact that the archival material is now available. -- .
This book tells a story of Taiwan's transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan's voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court's introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan's NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan's human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions.
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