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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
Israeli Prisoner of War Policies: From the 1949 Armistice to the
2006 Kidnappings examines the development of Israel's policies
toward prisoners of war across multiple conflicts. Taking POWs is
an indication of strength and a method of deterrence. However, the
conditions leading to the release of POWs are often the result of
the asymmetry in diplomatic power between two parties, or, as in
the case of Israel, the gap between military might and diplomatic
weakness within a single country. Consequently, the issue of POWs
and their military and diplomatic significance represents at least
two levels of actors' behavior: what the criteria should be for
taking POWs and what mechanism should be employed and what price
should be paid in order to secure their release. Studying the
prisoner exchange deals involving Israel reveals three eras in the
emergence of Israeli POW policy. Israel has had no comprehensive
policy or guiding set of directives. The lack of a well-established
policy was not only the result of the unstable nature of Israeli
politics, but was to a large extent the result of the tendency of
most Israeli cabinets to delay critical decisions. Successive
Israeli governments have witnessed three distinct periods of
conflict requiring unique approaches to POWs: a confrontation with
nation states, 1948/49 to the June 1967 War; a mixed challenge
posed by national and sub-national players, 1967 to the aftermath
of the October 1973 War; and the long battle with sub-national
actors, first Palestinians and later Shi'ite and Sunni Muslims.
This volume seeks to apply the lessons of Israel's complex POW
policies to conflicts around the world.
This timely Research Handbook offers a systematic and comprehensive
examination of the election laws of democratic nations. Through a
study of a range of different regimes of election law, it
illuminates the disparate choices that societies have made
concerning the benefits they wish their democratic institutions to
provide, the means by which such benefits are to be delivered, and
the underlying values, commitments, and conceptions of democratic
self-rule that inform these choices. Comparative Election Law
features a wide scope of coverage, from distribution of the
franchise, to candidate qualifications, to campaign speech and
finance, to election administration, and more. Contributions from a
range of expert scholars in the field are brought together to
tackle difficult problems surrounding the definition of the
democratic demos, as well as to lay bare important disjunctions
between democratic ideals and feasible democratic regimes in
practice. Furthermore, a comparative approach is also taken to
examine democratic regimes at a theoretical as well as a
descriptive level. Featuring key research in a vitally important
area, this Research Handbook will be crucial reading for academics
and students in a range of fields including comparative law, legal
theory, political science, political theory and democracy. It will
also be useful to politicians and government officials engaged in
election regulation, due to its excellent perspective on the range
of regulatory options and how to evaluate them.
In 2005, the Supreme Court ruled in Kelo v. New London that a city
might take property from one private owner and transfer it to
another for economic redevelopment. The ruling marked a new
interpretation of the Fifth Amendment to the Constitution, and set
a precedent which has raised significant questions regarding
government takings and property rights. The ruling also reawakened
a public interest in private property and created a vicious
reaction among many citizens, journalists, academics, and
legislators. This book is unique because it offers an in-depth
analysis of the case law found in the opinions and decisions of the
state and federal courts, but also uses a variety of other sources
including the oral argument before the Supreme Court, the amicus
curiae briefs, American political and legal history, as well as the
personal stories of those involved in the case. This book also
analyzes the public backlash from several different perspectives
including opinion polls, media coverage, academic articles and
commentary, subsequent case law, and legislative action. Finally,
this book offers an insightful critique of the case, including what
the Supreme Court got wrong, what it got right, and where the law
and courts should go from here.
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.
Title 40 presents regulations governing care of the environment
from the 14 subchapters of Chapter I and from the provisions
regarding the Council on Environmental Quality found in Chapter V.
Programs addressing air, water, pesticides, radiation protection,
and noise abatement are included. Practices for waste and toxic
materials disposal and clean-up are also prescribed. Additions and
revisions to this section of the code are posted annually by July.
Publication follows within six months.
Constitutional amendments, like all laws, may lead to unanticipated
and even undesired outcomes. In this collection of original essays,
a team of distinguished historians, political scientists, and legal
scholars led by award-winning constitutional historian David E.
Kyvig examines significant instances in which reform produced
something other than the foreseen result. An opening essay examines
the intentions of the Constitution's framers in creating an
amending mechanism and then explores unexpected uses of that
instrument. Thereafter, authors focus on the Bill of Rights and
subsequent amendments, addressing such subjects as criminal justice
procedures, the presidential election system, the Civil War's
impact on race and gender relations, the experiment in national
prohibition, women's suffrage, and, finally, limits on the
presidency. Together these contributions illuminate aspects of
constitutional stability and evolution, challenging current
thinking about reform within the formal system of change provided
by Article V of the Constitution. Forcefully demonstrating that
constitutional law is not immune to unanticipated consequences, the
eight scholars underscore the need for care, responsibility, and
historical awareness in altering the nation's fundamental law.
This book explores the often neglected, but overwhelmingly common,
everyday vulnerability of those who support the smooth functioning
of contemporary societies: paid domestic workers. With a focus on
the multiple disadvantages these - often migrant - workers face
when working and living in Europe, the book investigates the role
of law in producing, reinforcing - or, alternatively, attenuating -
vulnerability to exploitation. It departs from approaches that
focus on extreme abuse such as 'modern' slavery or trafficking, to
consider the much more widespread day-to-day vulnerabilities
created at the intersection of different legal regimes. The book,
therefore, examines issues such as low wages, unregulated working
time, dismissals and the impact of migration status on enforcing
rights at work. The complex legal regimes regulating migrant
domestic labour in Europe include migration and labour law sources
at different levels: international, national and, as this book
demonstrates, also EU. With an innovative lens that combines
national, comparative, and multilevel analysis, this book opens up
space for transformative legal change for migrant domestic workers
in Europe and beyond.
Precedent is an important tool of judicial decision making and
reasoning in common law systems such as the United States. Instead
of having each court decide cases anew, the rule of precedent or
stares decisis dictates that similar cases should be decided
similarly. Adherence to precedent promotes several values,
including stability, reliability, and uniformity, and it also
serves to constrain judicial discretion. Yet while adherence to
precedent is important, there are some cases where the United
States Supreme Court does not follow it when it comes to
constitutional reasoning. Over time the US Supreme Court under its
different Chief Justices has approached rejection of its own
precedent in different ways and at varying rates of reversal. This
book examines the role of constitutional precedent in US Supreme
Court reasoning. The author surveys the entire history of the US
Supreme Court up until 2020, keying in on decisions regarding when
it chose to overturn its own constitutional precedent and why. He
explores how the US Supreme Court under its different Chief
Justices has approached constitutional precedents and justified its
reversal and quantifies which Courts have reversed the most
constitutional precedents and why. Constitutional Precedent in US
Supreme Court Reasoning is essential reading for law professors and
students interested in precedent and its role in legal reasoning.
Law libraries which will find this book of importance to their
collections on legal reasoning and analysis.
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.
Global politics has transformed in recent years due to a rise in
nationalist ideology, the breakdown of multiple societies, and even
nation-state legitimacy. The nation-state, arguably, has been in
question for much of the digital age, as citizens become
transnational and claim loyalty to many different groups, causes,
and in some cases, states. Thus, politics that accompany diasporic
communities have become increasingly important focal points of
comparative and political science research. Global Diaspora
Politics and Social Movements: Emerging Research and Opportunities
provides innovative insights into the dispersion of political and
social groups across the world through various research methods
such as case studies. This publication examines migration politics,
security policy, and social movements. It is designed for
academicians, policymakers, government officials, researchers, and
students, and covers topics centered on the distribution of social
groups and political groups.
This original approach to value provides a foundation for a new
imaginative landscape in philosophy of law. "Value essentialism"
identifies value formations such as a sacred cow and scapegoat
tandem and the intensification of "oughtness" as it approaches
sacred zenith values. Readers learn how Occam's razor has been
responsible for the death of many ideas; how the celebrated Other
gains nuance as near and remote; and where a spectral assessment of
probability and necessity leads. Analyses of Supreme Court cases
grow out in different and exciting directions. Bell was not about
eugenics, but another iteration of the value of efficiency and Yo
Wick was as much about classism as it was about racism. Lochner
involved not an ideological binary but three distinct value
schemes. "Separate but equal" was refined as parallelism and
exploitative tangents. In Brown, the Fourteenth Amendment took a
significant subjective turn. In Heller, the communitarian position
of stopping violence before it could start could be contrasted with
the individualistic position of waiting until you see the whites of
their eyes in your bedroom. Citizens United represented the best
example of this axiological approach, raising the question: was the
First Amendment designed to maximize participation or maximize
democracy?
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.
This book examines the problem of constitutional change in times of
crisis. Divided into five main parts, it both explores and
interrogates how public law manages change in periods of
extraordinary pressure on the constitution. In Part I, "Emergency,
Exception and Normalcy," the contributors discuss the practices and
methods that could be used to help legitimize the use of emergency
powers without compromising the constitutional principles that were
created during a period of normalcy. In Part II, "Terrorism and
Warfare," the contributors assess how constitutions are interpreted
during times of war, focusing on the tension between individual
rights and safety. Part III, "Public Health, Financial and Economic
Crises," considers how constitutions change in response to crises
that are neither political in the conventional sense nor violent,
which also complicates how we evaluate constitutional resilience in
times of stress. Part IV, "Constitutionalism for Divided
Societies," then investigates the pressure on constitutions
designed to govern diverse, multi-national populations, and how
constitutional structures can facilitate stability and balance in
these states. Part V, titled "Constitution-Making and
Constitutional Change," highlights how constitutions are
transformed or created anew during periods of tension. The book
concludes with a rich contextual discussion of the pressing
challenges facing constitutions in moments of extreme pressure.
Chapter "Public Health Emergencies and Constitutionalism Before
COVID-19: Between the National and the International" is available
open access under a Creative Commons Attribution 4.0 International
License via link.springer.com.
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.
House of Lords reform is often characterised as unfinished
business: a riddle that has been left unanswered since 1911. But
rarely can an unanswered riddle have had so many answers offered,
even though few have been accepted; indeed, when Viscount Cave was
invited in the mid-1920s to lead a Cabinet committee on Lords
reform, he complained of finding 'the ground covered by an
embarrassing mass of proposals'.That embarrassing mass increased
throughout the twentieth century. Much ink has been spilled on what
should be done with the upper House of Parliament; much less ink
has been expended on why reform has been so difficult to achieve.
This book analyses in detail the principal attempts to reform the
House of Lords. Starting with the Parliament Act of 1911 the book
examines the century of non-reform that followed, drawing upon
substantial archival sources, many of which have been
under-utilised until now. These sources challenge many of the
existing understandings of the history of House of Lords reform and
the reasons for success or failure of reform attempts. The book
begins by arguing against the popular idea that the 1911 Act was
intended by its supporters to be a temporary measure. 'No one -
peers included - should be allowed to pronounce about the future of
the House of Lords without reading Chris Ballinger's authoritative,
shrewd and readable account about reform attempts over the past
century. He punctures several widely-held myths and claims in the
current debate.' Rt Hon Peter Riddell CBE Director, Institute for
Government and former Hansard Society chair 'This is at once an
impeccably researched academic study, and a thoroughly readable
account loaded with lessons for today's would-be Lords reformers.'
Lord (David) Lipsey
By reminding readers that early Supreme Court justices refused to
reduce the Constitution to a mere legal document, Approaching the
U.S. Constitution provides a definitive response to Reading Law by
Antonin Scalia and Bryan Garner. Turning to the vision of Alexander
Hamilton found in Federalists No. 78, Hunter argues that rather
than seeing the judiciary as America's legal guardian, Hamilton
looked to independent individuals of integrity on the judiciary to
be the nation's collective conscience. For Hamilton, the
judiciary's authority over the legislature does not derive from
positive law but is extra-legal by 'design' and is purely moral. By
emphasizing the legal expertise of judges alone, individuals such
as Justice Scalia mistakenly demand that judges exercise no human
ethical judgment whatsoever. Yet the more this happens, the more
the "rule of law" is replaced by the rule of lawyers. Legal
sophistry becomes the primary currency wherewith society's ethical
and moral questions are resolved. Moreover, the alleged neutrality
of legal analysis is deceptive with its claims of judicial modesty.
It is not only undemocratic, it is dictatorial and highly elitist.
Public debate over questions of fairness is replaced by an
exclusive legalistic debate between lawyers over what is legal. The
more Scalia and Garner realize their agenda, the more all appeals
to what is moral will be effectively removed from political debate.
'Conservatives' lament the 'removing God from the classroom,' by
'liberals,' yet if the advocates of legalism get their way, God
will be effectively removed from the polis altogether. The answer
to preserving both separation of powers and the American commitment
to unalienable human rights is to view the Supreme Court in the
same way early founders such as Hamilton did and in the way
President Abraham Lincoln urged. The Court's most important
function in exercising the power of judicial review is to serve as
the nation's conscience just as it did in Brown v. Board of
Education.
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