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

Defend the Sacred - Native American Religious Freedom beyond the First Amendment (Paperback): Michael D. McNally Defend the Sacred - Native American Religious Freedom beyond the First Amendment (Paperback)
Michael D. McNally
R656 Discovery Miles 6 560 Ships in 7 - 11 working days

The remarkable story of the innovative legal strategies Native Americans have used to protect their religious rights From North Dakota's Standing Rock encampments to Arizona's San Francisco Peaks, Native Americans have repeatedly asserted legal rights to religious freedom to protect their sacred places, practices, objects, knowledge, and ancestral remains. But these claims have met with little success in court because Native American communal traditions don't fit easily into modern Western definitions of religion. In Defend the Sacred, Michael McNally explores how, in response to this situation, Native peoples have creatively turned to other legal means to safeguard what matters to them. To articulate their claims, Native peoples have resourcefully used the languages of cultural resources under environmental and historic preservation law; of sovereignty under treaty-based federal Indian law; and, increasingly, of Indigenous rights under international human rights law. Along the way, Native nations still draw on the rhetorical power of religious freedom to gain legislative and regulatory successes beyond the First Amendment. The story of Native American advocates and their struggle to protect their liberties, Defend the Sacred casts new light on discussions of religious freedom, cultural resource management, and the vitality of Indigenous religions today.

Constitutional Asymmetry in Multinational Federalism - Managing Multinationalism in Multi-tiered Systems (Hardcover, 1st ed.... Constitutional Asymmetry in Multinational Federalism - Managing Multinationalism in Multi-tiered Systems (Hardcover, 1st ed. 2019)
Patricia Popelier, Maja Sahadzic
R2,704 R2,274 Discovery Miles 22 740 Save R430 (16%) Ships in 10 - 15 working days

This edited volume examines the link between constitutional asymmetry and multinationalism in multi-tiered systems through a comprehensive and rigorous comparative analysis, covering countries in Europe, Africa and Asia. Constitutional asymmetry means that the component units of a federation do not have equal relationships with each other and with the federal authority. In traditional federal theories, this is considered an anomaly. The degree of symmetry and asymmetry is seen as an indicator of the degree of harmony or conflict within each system. Therefore symmetrisation processes tend to be encouraged to secure the stability of the political system. However, scholars have linked asymmetry with multinational federalism, presenting federalism and asymmetry as forms of ethnical conflict management. This book offers insights into the different types of constitutional asymmetry, the factors that stimulate symmetrisation and asymmetrisation processes, and the ways in which constitutional asymmetry is linked with multinationalism.

Erskine May: Parliamentary Practice (Hardcover, 25th edition): David Natzler Erskine May: Parliamentary Practice (Hardcover, 25th edition)
David Natzler; Edited by (consulting) Mark Hutton, Douglas Millar, Simon Patrick, Christopher Johnson, …
R8,741 Discovery Miles 87 410 Ships in 10 - 15 working days

Erskine May is the eponymous guide to parliamentary practice and procedure, providing accurate and detailed information on the constituent parts of Parliament, its powers and jurisdictions, membership of either House, financial procedure and the process of debate. Alongside the incremental changes to and refinements of parliamentary practice which happen all the time, the 25th edition covers many significant developments since the last edition in 2011, including: * A new chapter on "English Votes for English Laws" introduced following the 2015 General Election, which details the varied and complex ways in which these engage with both primary and secondary legislation. * The process of implementing the outcome of the 2016 referendum on the UK's membership of the EU. An account is given of the procedures in both Houses for the scrutiny and approval of the transposition of EU law into UK law. * Further parliamentary consequences of the coalition government that took office in 2010, including the reforms introduced by the Wright Committee, the evolving impact of the introduction of the new category of "backbench business" and the election of Deputy Speakers in the House. * An e-petitions system overseen by a new Petitions Committee set up in 2015. * Changes to select committee working practices and powers under their new elected chairs. * A new financial timetable introduced in 2017 with the Chancellor's annual budget statement moving from Spring to Autumn, and a change to how Estimates Day debates are handled. * Important reforms to how the conduct of both MPs and members of the Lords is governed and how breaches of the respective codes are pursued. * Continuing arguments over the future of parliamentary privilege. Recent relevant court cases and developments within Parliament are assessed, including the 2013 Joint Committee on Parliamentary Privilege.

Corruption in America - From Benjamin Franklin?s Snuff Box to Citizens United (Paperback): Zephyr Teachout Corruption in America - From Benjamin Franklin?s Snuff Box to Citizens United (Paperback)
Zephyr Teachout
R440 Discovery Miles 4 400 Ships in 10 - 15 working days

When Louis XVI presented Benjamin Franklin with a snuff box encrusted with diamonds and inset with the King's portrait, the gift troubled Americans: it threatened to "corrupt" Franklin by clouding his judgment or altering his attitude toward the French in subtle psychological ways. This broad understanding of political corruption--rooted in ideals of civic virtue--was a driving force at the Constitutional Convention. For two centuries the framers' ideas about corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. Should a law that was passed by a state legislature be overturned because half of its members were bribed? What kinds of lobbying activity were corrupt, and what kinds were legal? When does an implicit promise count as bribery? In the 1970s the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United. In 2010, one of the most consequential Court decisions in American political history gave wealthy corporations the right to spend unlimited money to influence elections. Justice Anthony Kennedy's majority opinion treated corruption as nothing more than explicit bribery, a narrow conception later echoed by Chief Justice Roberts in deciding McCutcheon v. FEC in 2014. With unlimited spending transforming American politics for the worse, warns Zephyr Teachout, Citizens United and McCutcheon were not just bad law but bad history. If the American experiment in self-government is to have a future, then we must revive the traditional meaning of corruption and embrace an old ideal.

The U.S. Intelligence Community Law Sourcebook - A Compendium of National Security Related Laws and Policy Documents... The U.S. Intelligence Community Law Sourcebook - A Compendium of National Security Related Laws and Policy Documents (Paperback, 2019 ed.)
Andrew M. Borene, Adam Perlman, Harvey Risgikof
R4,675 Discovery Miles 46 750 Ships in 7 - 11 working days
The Founders' Constitution, v. 2 - The Preamble through Article 1, Section 8, Clause 4 (Paperback): Philip B. Kurland,... The Founders' Constitution, v. 2 - The Preamble through Article 1, Section 8, Clause 4 (Paperback)
Philip B. Kurland, Ralph Lerner
R428 R398 Discovery Miles 3 980 Save R30 (7%) Ships in 10 - 15 working days

Originally published by the University of Chicago Press to commemorate the bicentennial of the United States Constitution, "The Founders' Constitution" is arguably the most important of all resources on the principles of the Framers of the American republic. As the editors explain, the work consists of "extracts from the leading works of political theory, history, law, and constitutional argument on which the Framers and their contemporaries drew and which they themselves produced." In cooperation with University of Chicago Press, Liberty Fund has prepared this new paperback edition of the entire work in five volumes: Volume 1: Major Themes
Volume 2: The Preamble Through Article 1, Section 8, Clause 4
Volume 3: Article 1, Section 8, Clause 5, Through Article 2, Section 1
Volume 4: Article 2, Section 2, Through Article 7
Volume 5: Amendments I Through XII.The documentary sources and inspirations reach to the early seventeenth century and extend through those Amendments to the Constitution that were adopted by 1835--that is, through the end of the era of Chief Justice John Marshall of the United States Supreme Court.Philip B. Kurland was the William R. Kenan, Jr., Distinguished Service Professor in the College and Professor in the Law School, University of Chicago.Ralph Lerner is the Benjamin Franklin Professor in the College and Professor in the Committee on Social Thought, University of Chicago.

The Cambridge Companion to Human Rights Law (Paperback, New): Conor Gearty, Costas Douzinas The Cambridge Companion to Human Rights Law (Paperback, New)
Conor Gearty, Costas Douzinas
R694 Discovery Miles 6 940 Ships in 10 - 15 working days

Human rights are considered one of the big ideas of the early twenty-first century. This book presents in an authoritative and readable form the variety of platforms on which human rights law is practiced today, reflecting also on the dynamic inter-relationships that exist between these various levels. The collection has a critical edge. The chapters engage with how human rights law has developed in its various subfields, what (if anything) has been achieved and at what cost, in terms of expected or produced unexpected side-effects. The authors pass judgment about the consistency, efficacy and success of human rights law (set against the standards of the field itself or other external goals). Written by world-class academics, this Companion will be essential reading for students and scholars of human rights law.

The Burger Court and the Rise of the Judicial Right (Paperback): Michael J. Graetz, Linda Greenhouse The Burger Court and the Rise of the Judicial Right (Paperback)
Michael J. Graetz, Linda Greenhouse
R451 R419 Discovery Miles 4 190 Save R32 (7%) Ships in 7 - 11 working days
Developmental Disabilities Act - Accomplishments & Expectations (Hardcover): Dante R Faella Developmental Disabilities Act - Accomplishments & Expectations (Hardcover)
Dante R Faella
R5,130 Discovery Miles 51 300 Ships in 10 - 15 working days

The Developmental Disabilities Assistance and Bill of Rights Act (commonly known as the DD Act) provides federal financial assistance to states and public and non-profit agencies to support community-based delivery of services to persons with developmental disabilities. The DD Act defines developmental disabilities (DD) as severe, life-long disabilities attributable to mental and/or physical impairment. The aim of the DD Act is to help individuals with DD maximise their potential through increased independence, productivity, inclusion and integration into the community. This book provides background and funding information on DD Act programs, discusses evaluation activities, and summarises recent legislative efforts related to the DD Act.

How America Got Its Guns - A History of the Gun Violence Crisis (Paperback): William Briggs How America Got Its Guns - A History of the Gun Violence Crisis (Paperback)
William Briggs
R594 R476 Discovery Miles 4 760 Save R118 (20%) Ships in 7 - 11 working days

In the United States more than thirty thousand deaths each year can be attributed to firearms. This book on the history of guns in America examines the Second Amendment and the laws and court cases it has spawned. The author's thorough and objective account shows the complexities of the issue, which are so often reduced to bumper-sticker slogans, and suggests ways in which gun violence in this country can be reduced. Briggs profiles not only protagonists in the national gun debate but also ordinary people, showing the ways guns have become part of the lives of many Americans. Among them are gays and lesbians, women, competitive trapshooters, people in the gun-rights and gun-control trenches, the NRA's first female president, and the most successful gunsmith in American history. Balanced and painstakingly unbiased, Briggs's account provides the background needed to follow gun politics in America and to understand the gun culture in which we are likely to live for the foreseeable future.

America's Supreme Court - Making Democracy Work (Hardcover): Stephen Breyer America's Supreme Court - Making Democracy Work (Hardcover)
Stephen Breyer
R878 Discovery Miles 8 780 Ships in 10 - 15 working days

The American Supreme Court is one of the most powerful and controversial judicial bodies in the world. The Court has assumed the role of settling fundamental issues of American social policy through its power of constitutional interpretation, and its rulings are among the most divisive, and controversial events in American political life. How did the American court come to acquire such power? How does it maintain its authority and public confidence in the face of deep political divides. In this book Stephen Breyer, a leading intellect in the current Court, gives an insider's view on how America's Supreme Court came to acquire such a prominent role in American public life, how the Court operates, and how it can continue to maintain the trust of the American public as the final arbiter of the values underlying America's democratic constitution. Breyer introduces the history of the Court by telling the stories of the landmark cases that defined the role the Court would play in American politics. He then offers a powerful restatement of his views on how a constitutional court should fulfil its function as final interpreter of a democratic constitution. In doing so, he examines some of the Court's most controversial recent decisions, on issues such as the legality of detention in Guantanamo Bay, and the scope of protection of gun ownership in Heller. The book offers a unique introduction to how the American Supreme Court does and should operate, invaluable to all students of American law and politics, and anyone looking to understand the workings of American politics.

Speak Freely - Why Universities Must Defend Free Speech (Hardcover, 2 Ed): Keith E Whittington Speak Freely - Why Universities Must Defend Free Speech (Hardcover, 2 Ed)
Keith E Whittington
R582 R464 Discovery Miles 4 640 Save R118 (20%) Ships in 7 - 11 working days

Why free speech is the lifeblood of colleges and universities Free speech is under attack at colleges and universities today, with critics on and off campus challenging the value of open inquiry and freewheeling intellectual debate. Too often speakers are shouted down, professors are threatened, and classes are disrupted. In Speak Freely, Keith Whittington argues that universities must protect and encourage free speech because vigorous free speech is the lifeblood of the university. Without free speech, a university cannot fulfill its most basic, fundamental, and essential purposes, including fostering freedom of thought, ideological diversity, and tolerance. Examining such hot-button issues as trigger warnings, safe spaces, hate speech, disruptive protests, speaker disinvitations, the use of social media by faculty, and academic politics, Speak Freely describes the dangers of empowering campus censors to limit speech and enforce orthodoxy. It explains why free speech and civil discourse are at the heart of the university's mission of creating and nurturing an open and diverse community dedicated to learning. It shows why universities must make space for voices from both the left and right. And it points out how better understanding why the university lives or dies by free speech can help guide everyone-including students, faculty, administrators, and alumni-when faced with difficult challenges such as unpopular, hateful, or dangerous speech. Timely and vitally important, Speak Freely demonstrates why universities can succeed only by fostering more free speech, more free thought-and a greater tolerance for both.

A Straighforward Guide To The Rights Of Disabled Children (Paperback, UK ed.): Doreen Jarrett A Straighforward Guide To The Rights Of Disabled Children (Paperback, UK ed.)
Doreen Jarrett
R279 R222 Discovery Miles 2 220 Save R57 (20%) Ships in 10 - 15 working days
Hitler's American Model - The United States and the Making of Nazi Race Law (Paperback): James Q. Whitman Hitler's American Model - The United States and the Making of Nazi Race Law (Paperback)
James Q. Whitman
R350 R284 Discovery Miles 2 840 Save R66 (19%) Ships in 7 - 11 working days

How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws-the Citizenship Law and the Blood Law. Contrary to those who have insisted otherwise, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. He looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends the understanding of America's influence on racist practices in the wider world.

Law and Religion in Multicultural Societies (Paperback): Petersen Hanne, Rubya Mehdi, Erik Reenberg Sand Law and Religion in Multicultural Societies (Paperback)
Petersen Hanne, Rubya Mehdi, Erik Reenberg Sand
R771 R674 Discovery Miles 6 740 Save R97 (13%) Ships in 10 - 15 working days

Globalization and migration increasingly challenge the political and judicial systems of Western nation states. The more or less secular judicial systems of these states are challenged by the traditional religious and judicial practices of immigrants, especially in the case of problems of family law, such as marriage divorce and inheritance. The present articles focus on the relationship between religion and law in multicultural societies by supplying comparative examples of how the practice of diverse law systems in modern states may lead to conflict or co-existence. The articles will not only consist of examples from various Western contexts, but will also contain comparative examples from a few post-colonial, non-Western societies with a long experience in dealing with problems relating to multiculturalism and religious pluralism. This collection of papers on "Law and Religion in Multicultural Societies" is the product of a lecture series given in Copenhagen in Autumn 2006. The authors were each invited to deliver a lecture in a weekly series at the Department of Cross-Cultural and Regional Studies, University of Copenhagen. The participants were students, teachers and interested people from outside the University. The series provided an opportunity for the lecturers to interact with a wider public, and they later revised the texts of their lectures in the light of the feedback and discussions which were held after their lectures. This collection of papers thus addresses a fundamental problem in human society. The tension between law and religion has existed from ancient times but has gained global scope and intense urgency in recent years.

Ethical Citizenship - British Idealism and the Politics of Recognition (Hardcover): T. Brooks Ethical Citizenship - British Idealism and the Politics of Recognition (Hardcover)
T. Brooks
R2,040 Discovery Miles 20 400 Ships in 10 - 15 working days

In the first full length examination of the topic, Ethical Citizenship rediscovers a significant and distinctive contribution to how we might understand citizenship today. Leading international scholars bring together theory and practice to explore its historical roots, contemporary relevance and application to international politics.

Sanctuary Cities and Urban Struggles - Rescaling Migration, Citizenship, and Rights (Hardcover): Jonathan Darling, Harald Bauder Sanctuary Cities and Urban Struggles - Rescaling Migration, Citizenship, and Rights (Hardcover)
Jonathan Darling, Harald Bauder
R2,151 R1,938 Discovery Miles 19 380 Save R213 (10%) Ships in 10 - 15 working days

Sanctuary Cities and Urban Struggles makes the first sustained intervention into exploring how cities are challenging the primacy of the nation-state as the key guarantor of rights and entitlements. It brings together cutting-edge scholars of political geography, urban geography, citizenship studies, socio-legal studies and refugee studies to explore how urban social movements, localised practices of belonging and rights claiming, and diverse articulations of sanctuary are reshaping the governance of migration. By offering a collection of empirical cases and conceptualisations that move beyond 'seeing like a state', Sanctuary Cities and Urban Struggles proposes not a singular alternative but rather a set of interlocking sites and scales of political imagination and practice. In an era when migrant rights are under attack and nationalism is on the rise, the topic of how citizenship, rights and mobility can be recast at the urban scale is more relevant than ever. -- .

Austerity And Law In Europe (Paperback): Marija Bartl, Markos Karavias Austerity And Law In Europe (Paperback)
Marija Bartl, Markos Karavias
R581 R301 Discovery Miles 3 010 Save R280 (48%) Ships in 10 - 15 working days

Austerity and Law in Europe presents an interdisciplinary collection of essays that challenge traditional narratives of austerity. The contributions recast austerity as a historically contingent political rationality that operates through law and technocracy. * A collection of essays that tackles the relationship between austerity and law within and outside the European Union * Draws on a set of interdisciplinary contributions, incorporating insights from European law, economic history, legal theory, and economics * Reveals how austerity measures in Europe were not implemented as an outcome of legal or economic necessity, but were a political choice * Presents austerity as a historically contingent political rationality which gained a legal endorsement in the EU law and policy without foreclosing the possibilities for contestation either through law or politics

U.S. Department of Justice Asset Forfeiture Policy Manual & Guide to Equitable Sharing (Hardcover): Onni Nieminen U.S. Department of Justice Asset Forfeiture Policy Manual & Guide to Equitable Sharing (Hardcover)
Onni Nieminen
R5,242 Discovery Miles 52 420 Ships in 10 - 15 working days

In the nearly 25 years since the Comprehensive Crime Control Act of 1984 authorised federal officials to implement a national asset forfeiture program, asset forfeiture has become one of the most powerful tools for targeting criminals, including drug dealers and white collar criminals, who prey on the vulnerable for financial gain. Forfeiture statutes are now prevalent throughout the federal legal code and their use, along with other important anti-crime measures, has had a significant impact on crime. One of the most important provisions of asset forfeiture is the authorisation to share federal forfeiture proceeds with co-operating state and local law enforcement agencies. The Department of Justice Asset Forfeiture Program serves not only to deter crime but also to provide valuable additional resources to state and local law enforcement agencies. This book examines the U.S. Department of Justice Asset Forfeiture Policy Manual and Guide to Equitable Sharing Manual, with a focus on assisting state and local law enforcement agencies participating in the program by clarifying the directives they must follow to obtain and use equitably shared funds.

Taking Back the Constitution - Activist Judges and the Next Age of American Law (Hardcover): Mark Tushnet Taking Back the Constitution - Activist Judges and the Next Age of American Law (Hardcover)
Mark Tushnet
R702 R554 Discovery Miles 5 540 Save R148 (21%) Ships in 7 - 11 working days

How the Supreme Court's move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just "calling balls and strikes." The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices' impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism-a move that would restore to the other branches of government a role in deciding constitutional questions.

Court-Martial - How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond (Hardcover): Chris Bray Court-Martial - How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond (Hardcover)
Chris Bray
R585 Discovery Miles 5 850 Ships in 10 - 15 working days

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.

US Supreme Court and the Centralization of Federal Authority, The (Paperback): Michael A. Dichio US Supreme Court and the Centralization of Federal Authority, The (Paperback)
Michael A. Dichio
R845 Discovery Miles 8 450 Ships in 7 - 11 working days
The Citizens Academy Handbook - Building Capacity for Local Civic Engagement (Paperback): Ricardo S. Morse, Sabrina M. Willard,... The Citizens Academy Handbook - Building Capacity for Local Civic Engagement (Paperback)
Ricardo S. Morse, Sabrina M. Willard, Michelle Y. Holder
R1,326 R1,179 Discovery Miles 11 790 Save R147 (11%) Ships in 10 - 15 working days
Constitutional Change through Euro-Crisis Law (Hardcover): Thomas Beukers, Bruno de Witte, Claire Kilpatrick Constitutional Change through Euro-Crisis Law (Hardcover)
Thomas Beukers, Bruno de Witte, Claire Kilpatrick
R2,399 R2,220 Discovery Miles 22 200 Save R179 (7%) Ships in 10 - 15 working days

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.

Anti-Impunity and the Human Rights Agenda (Hardcover): Karen Engle, Zinaida Miller, D.M. Davis Anti-Impunity and the Human Rights Agenda (Hardcover)
Karen Engle, Zinaida Miller, D.M. Davis
R2,244 R2,111 Discovery Miles 21 110 Save R133 (6%) Ships in 10 - 15 working days

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.

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