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

Courts and Congress - America's Unwritten Constitution (Paperback): William Quirk Courts and Congress - America's Unwritten Constitution (Paperback)
William Quirk
R1,344 Discovery Miles 13 440 Ships in 9 - 15 working days

It's often said, confirmed by survey data, that the American people are losing confidence in their government. But the problem may be the reverse--the government has lost confidence in the people. Increasingly the power to make decisions in our democracy has been shifted from Congress to the court system, forcing non-elected officials to make decisions which affect the lives of Americans. In a society which is based on the democratic elections of its officials, this is clearly backwards. Quirk maintains that what he calls "The Happy Convention," an informal and unwritten rearrangement of "passing the buck" of government powers, is done to avoid blame and approval ratings becoming lower for a particular person or party. For example, The Happy Convention assigns the power to declare and make war to the President. Congress and the Court play a supporting role--Congress, when requested, gives the President a blank check to use force--the Court throws out any challenges to the legality of the war. Everyone wins if the war avoids disaster. If it turns out badly, the President is held accountable. His ratings fall, reelection is out of the question, congressmen say he lied to them; his Party is likely to lose the next election. In this way, Quirk reminds us that The Happy Convention is not what the Founders intended for us. For democracy to work properly, the American people have to know what options they have. Courts and Congress argues the case for reestablishing the balance of powers between the courts, the Congress, and the Presidency.

Feminism, Republicanism, Egalitarianism, Environmentalism - Bill of Rights and Gendered Sustainable Initiatives (Hardcover):... Feminism, Republicanism, Egalitarianism, Environmentalism - Bill of Rights and Gendered Sustainable Initiatives (Hardcover)
Yulia Maleta
R3,912 Discovery Miles 39 120 Ships in 12 - 17 working days

This book addresses hegemonic ruling class masculinity and emphasized femininity within renewables organisational governance, and critiques Anglo-Celtic male privilege, as a barrier to women's leadership participation. Primarily using the Australian socio-political context, the author considers the patriarchal control of organisations and renewables governance, and argues that women-led emphasized femininity-resistance strategies can challenge the hegemonic status of ruling elites to create a leadership that is less power oriented, more collaborative and open to change. Utilising detailed interviews with Australian women environmentalists, together with feminist, sociological and social movement theory, whilst considering the historic context of Red Vienna and contemporary political challenges (Brexit, Monarchism etc.), it puts forward an innovative policy framework for an Australian Bill of Rights Act and republican constitutional change. Written for academics, activists and policymakers alike, this book offers a unique insight into women's inequity within patriarchal institutionalist governance. It will be engaging and inspiring reading for feminist and environmentalist activists and practitioners, in addition to professional associations focussing on gender, justice and environmental change. Academics and postgraduates in Gender Studies, Ecofeminism, Sociology and Organisational Studies will also find the book of key interest in its interdisciplinary discussions of Sustainable Scientific-Technological Development Initiatives (SSTDI) and feminism in an Australian political context.

Between Democracy and Law - The Amorality of Secession (Hardcover): Carlos Closa, Costanza Margiotta, Giuseppe Martinico Between Democracy and Law - The Amorality of Secession (Hardcover)
Carlos Closa, Costanza Margiotta, Giuseppe Martinico
R3,909 Discovery Miles 39 090 Ships in 12 - 17 working days

This volume purports to explore the legal and political issues triggered by the new wave of secessionism. More specifically, those issues concern the interplay between notions of democracy (and democratic ends and means) and law (and the rule of law and constitutionalism). Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession. In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors. The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context (which call into play the discussion of the democratic theories) and separations in a non-democratic context (where the nexus between secession and democracy is not really central).

Creating the Law - State Supreme Court Opinions and The Effect of Audiences (Hardcover): Michael K. Romano, Todd A Curry Creating the Law - State Supreme Court Opinions and The Effect of Audiences (Hardcover)
Michael K. Romano, Todd A Curry
R3,321 Discovery Miles 33 210 Ships in 12 - 17 working days

Written opinions are the primary means by which judges communicate with external actors. These sentiments include the parties to the case itself, but also more broadly journalists, public officials, lawyers, other judges, and increasingly, the mass public. In Creating the Law, Michael K. Romano and Todd A. Curry examine the extent to which judges tailor their language in order to avoid retribution during their retention, and how institutional variations involving intra-chamber dynamics may influence the written word of a legal opinion. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995-2010, Romano and Curry are the first to examine the connection between retention incentives and language choices. They utilize text analysis techniques developed in the field of communications and apply them to the text of judicial decisions. In doing so, they find that judges write with their audience in mind, and emphasize duelling strategies of justification and persuasion in order to please diverse audiences that may be paying attention. Furthermore, the process of drafting a majority opinion is a team exercise, and when more individuals are involved in its crafting, the product will reflect this complexity. This book gives students the tools for understanding how institutional variation affects judicial outcomes and shows how language relates to decision-making in the judiciary more specifically.

How to use the ECC communication forms (Paperback): Nec How to use the ECC communication forms (Paperback)
Nec
R1,073 Discovery Miles 10 730 Ships in 9 - 15 working days

This guide is written to show users how to complete the simple communication forms provided for the NEC3 Engineering and Construction Contract (ECC). Clarity of communications, in a form that can be read, copied and recorded, should assist compliance with the contract and reduce misunderstandings and disputes.

In Your Face - Law, Justice, and Niqab-Wearing Women in Canada (Paperback): Natasha Bakht In Your Face - Law, Justice, and Niqab-Wearing Women in Canada (Paperback)
Natasha Bakht
R1,111 Discovery Miles 11 110 Ships in 10 - 15 working days
Public Law (Hardcover): Chris Monaghan Public Law (Hardcover)
Chris Monaghan
R3,713 Discovery Miles 37 130 Ships in 12 - 17 working days

* Grounded in context, explaining how Public Law operates in practice. For example, this would provide students with an overview of the practical steps in a judicial review application and examples of relevant documents. This approach would be mindful of the changing curriculum legal education in light of the Solicitors Regulation Authority's proposals with the SQ1 and SQ2 exam. * Provide a balance in terms of content between Constitutional Law, Human Rights and Administrative Law, in order for the proposed text to be suited to a large number of Public Law courses. * Includes fully integrated pedagogy to help visual learners work through the more complex material. Some features, such as maps, are not commonly seen in Public Law textbooks.

The Right to Privacy Revisited - Different International Perspectives (Hardcover): Aysem Diker Vanberg, OEzgur Heval Cinar The Right to Privacy Revisited - Different International Perspectives (Hardcover)
Aysem Diker Vanberg, OEzgur Heval Cinar
R3,913 Discovery Miles 39 130 Ships in 12 - 17 working days

This book focuses on the right to privacy in the digital age with a view to see how it is implemented across the globe in different jurisdictions. The right to privacy is one of the rights enshrined in international human rights law. It has been a topic of interest for both academic and non-academic audiences around the world. However, with the increasing digitalisation of modern life, protecting one's privacy has become more complicated. Both state and non-state organisations make frequent interventions in citizens' private lives. This edited volume aims to provide an overview of recent development pertaining to the protection of the right to privacy in the different judicial systems such as the European, South Asian, African and Inter-American legal systems. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.

Terrorism, Criminal Law and Politics - The Decline of the Political Offence Exception to Extradition (Hardcover): Julia Jansson Terrorism, Criminal Law and Politics - The Decline of the Political Offence Exception to Extradition (Hardcover)
Julia Jansson
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

Recent atrocities have ensured that terrorism and how to deal with terrorists legally and politically has been the subject of much discussion and debate on the international stage. This book presents a study of changes in the legal treatment of those perpetrating crimes of a political character over several decades. It most centrally deals with the political offence exception and how it has changed. The book looks at this change from an international perspective with a particular focus on the United States. Interdisciplinary in approach, it examines the fields of terrorism and political crime from legal, political science and criminological perspectives. It will be of interest to a broad range of academics and researchers, as well as to policymakers involved in creating new anti-terrorist policies.

Peacebuilding, Constitutionalism and the Global South - The Case for Cognitive Justice Plurinationalism (Hardcover): Kajit Bagu... Peacebuilding, Constitutionalism and the Global South - The Case for Cognitive Justice Plurinationalism (Hardcover)
Kajit Bagu (John Paul)
R3,918 Discovery Miles 39 180 Ships in 12 - 17 working days

This book presents the case that liberal constitutionalism in the global South is a legacy of colonialism and is inappropriate as a means of securing effective peace in regions that have been subject to recurrent conflict. The work demonstrates the failure of liberal constitutionalism in guaranteeing peace in the postcolonial global South. It develops an alternative, more compelling constitutionalism for peacebuilding in conflicted regions. This is based on constitutionalism that recognises plurality as a major feature in the global South. Drawing on events in Nigeria, it develops a constitutional model, based on Cognitive Justice, which could deliver peace by addressing historic, conceptual, legal, institutional and structural issues that have created social inequality and injustice. The study also incorporates insights from the development of plurinational constitutions in South America. The book will be an invaluable resource for researchers, academics and policy-makers with an interest in constitutional legal theory, peacebuilding and postcolonial studies

Citizenship in Times of Turmoil? - Theory, Practice and Policy (Hardcover): Devyani Prabhat Citizenship in Times of Turmoil? - Theory, Practice and Policy (Hardcover)
Devyani Prabhat
R3,142 Discovery Miles 31 420 Ships in 12 - 17 working days

''When the exception becomes the norm, the power of the sovereign is arbitrary, just as in pre-democratic times. But such arbitrariness is not random: it is applied primarily to certain categories of what used to be called ''the lower orders'' of society - the undocumented immigrants and the racially ''other,'' regardless of prior citizenship status. The very notion of citizen becomes vague and the status can be lost through a Kafkaesque process in which the state is unfathomable and often acts behind the scenes. This book edited by Devyani Prabhat brings together academics and lawyers working in the field of nationality and immigration laws, and shows how what has long been a feature of the labor market, namely, the precarious nature of jobs, has now become a feature of basic rights of ''belonging.'' Citizenship is precarious too. The chapters in this volume lead us straight to the question: What is the rule of law in such state of indistinction? Societies in decadence, like the current Western powers, entwine retrenchment with resentment, the exceptional with the normal, the in-group with the out-group. Devyani Prabhat and her colleagues analyze with great precision the alarming advance of legal imprecision, the interests that are vested in categorical confusion, and the erosion of basic rights in societies like the UK and the US - notably the right of persons to reside in peace and without fear.' - Juan Corradi, New York University, US This innovative book considers the evolution of the contemporary issues surrounding British citizenship, integrating the social aspects and ideas of identity and belonging alongside its legal elements. With contributions from renowned lawyers and academics, it challenges the view that there are immutable values and enduring rights associated with citizenship status. The book is organised into three thematic parts. Expert contributors trace the life cycle of the citizenship process, focusing on becoming a British citizen, retaining this citizenship with its associated rights, and the potential loss of citizenship owing to immigration controls. Through a critical examination of the concepts and content of British citizenship, the premise that citizenship retracts from full membership in society in times of turmoil is questioned. Wide-ranging and interdisciplinary, Citizenship in Times of Turmoil? will be a key resource for scholars and students working within the fields of migration, citizenship and immigration law. Including details of legal practice, it will also be of benefit to practitioners.

The Quest for Rights - Ideal and Normative Dimensions (Hardcover): Massimo La Torre, Leone Niglia, Mart Susi The Quest for Rights - Ideal and Normative Dimensions (Hardcover)
Massimo La Torre, Leone Niglia, Mart Susi
R3,142 Discovery Miles 31 420 Ships in 12 - 17 working days

In an era that seeks to challenge the notion of the universality of human rights, this thought-provoking book explores their fundamental nature and considers the work and influence of German legal scholar and constitutional lawyer Robert Alexy, on contemporary jurisprudence and European Union law. What is the justification of balancing versus trading off fundamental rights against other rights and collective goods? Are there utilitarian considerations that can limit the normative force of human rights? Utilising both ''ideal'' and ''critical'' perspectives, this innovative book focuses on those inevitable questions which lie at the heart of any contemporary human rights discourse, as the premise of the dual nature of law is developed. A corresponding 'normative' perspective seeks to investigate the broader legal domains of the topic. This analytical book will be a key resource for students and scholars working in the fields of jurisprudence and legal theory, history and philosophy of law and comparative and EU law alike.

Renmin Chinese Law Review - Selected Papers of The Jurist (   ), Volume 6 (Hardcover): Jichun Shi Renmin Chinese Law Review - Selected Papers of The Jurist ( ), Volume 6 (Hardcover)
Jichun Shi
R3,479 Discovery Miles 34 790 Ships in 12 - 17 working days

Renmin Chinese Law Review, Volume 6 is the sixth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China. This book examines the study of Chinese law and the reality of legality and Chinese society. It provides chapters focusing on studies of recent developments in the areas of tax and financial governance, judicial reform, and commercial law. It also explores counterterrorism models in China as well as the logic, policy, and interpretation of 'the division of three rights'. This astute and contemporary work will be invaluable to scholars of Chinese law, society, and politics, and members of diplomatic communities as well as legal and governmental professionals interested in China. Contributors include: Y. Biao, Z. Changjun, S. Chen, Z. Daqi, L. Jun, H. Ming, X. Ruiyang, L. Tao, L. Xiang, W. Xin, W. Yilong, G. Yongliang, L. Zehua, J. Zihan

A Practical Guide to Using International Human Rights and Criminal Law Procedures (Paperback): Connie de la Vega, Alen Mirza A Practical Guide to Using International Human Rights and Criminal Law Procedures (Paperback)
Connie de la Vega, Alen Mirza
R1,928 Discovery Miles 19 280 Ships in 12 - 17 working days

With this book, the authors provide a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. They offer step-by-step approaches for maximizing the institutions 'intended effect' promotion of human rights at all levels. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. The authors are able to offer guidance on how to work within international criminal and human rights mechanisms in a way that is useful to non-government actors and applies to English-speaking practitioners almost anywhere on the globe. These pages will serve as an indispensable manual for human rights practitioners, defenders and lawyers, members of non-governmental organizations engaged in advocacy and the students, scholars and faculty of law schools.

Austerity And Law In Europe (Paperback): M Bartl Austerity And Law In Europe (Paperback)
M Bartl
R660 Discovery Miles 6 600 Ships in 12 - 17 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

Judicializing the Administrative State - The Rise of the Independent Regulatory Commissions in the United States, 1883-1937... Judicializing the Administrative State - The Rise of the Independent Regulatory Commissions in the United States, 1883-1937 (Hardcover)
Hiroshi Okayama
R3,913 Discovery Miles 39 130 Ships in 12 - 17 working days

A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state.

Freedom of Expression and Religious Hate Speech in Europe (Paperback): Erica Howard Freedom of Expression and Religious Hate Speech in Europe (Paperback)
Erica Howard
R1,357 Discovery Miles 13 570 Ships in 12 - 17 working days

In recent years, the Danish cartoons affair, the Charlie Hebdo murders and the terrorist attacks in Brussels and Paris have resulted in increasingly strident anti-Islamic speeches by politicians. This raises questions about the limits to freedom of expression and whether this freedom can and should be restricted to protect the religious feelings of believers. This book uses the case law of the European Court of Human Rights to provide a comprehensive analysis of the questions: whether legal prohibitions of religious hate speech violate the right to freedom of expression; and, whether such laws should be used to prosecute politicians and others who contribute to current debates when they use anti-Islam rhetoric. A well-known politician who uses such rhetoric is Dutch politician Geert Wilders. He has been prosecuted twice for hate speech, and was acquitted in the first case and recently convicted in the second. These prosecutions are used to illustrate the issues involved in drawing the line between freedom of expression and religious hate speech. The author argues that freedom of expression of politicians and those contributing to the public debate should not be restricted except in two very limited circumstances: when they incite to hatred or violence and there is an imminent danger that violence will follow or where it stops people from holding or manifesting their religion. Based on this, the author concludes that the European Court of Human Rights should decide, if it is asked to do so, that Wilders conviction for hate speech violates his freedom of expression.

Policing Undocumented Migrants - Law, Violence and Responsibility (Paperback): Louise Boon Kuo Policing Undocumented Migrants - Law, Violence and Responsibility (Paperback)
Louise Boon Kuo
R1,266 Discovery Miles 12 660 Ships in 12 - 17 working days

Migration policing experiments such as boat turn-backs and offshore refugee processing have been criticised as unlawful and have been characterised as exceptional. Policing Undocumented Migrants explores the extraordinarily routine, powerful, and above all lawful practices engaged in policing status within state territory. This book reveals how the everyday violence of migration law is activated by making people 'illegal'. It explains how undocumented migrants are marginalised through the broad discretion underpinning existing frameworks of legal responsibility for migration policing. Drawing on interviews with people with lived experience of undocumented status within Australia, perspectives from advocates, detailed analysis of legislation, case law and policy, this book provides an in-depth account of the experiences and legal regulation of undocumented migrants within Australia. Case studies of street policing, immigration raids, transitions in legal status such as release from immigration detention, and character based visa determination challenge conventional binaries in migration analysis between the citizen and non-citizen and between lawful and unlawful status. By showing the organised and central role of discretionary legal authority in policing status, this book proposes a new perspective through which responsibility for migration legal practices can be better understood and evaluated. Policing Undocumented Migrants will be of interest to scholars and practitioners working in the areas of criminology, criminal law, immigration law and border studies.

Unaccompanied Children in European Migration and Asylum Practices - In Whose Best Interests? (Paperback): Mateja Sedmak, Birgit... Unaccompanied Children in European Migration and Asylum Practices - In Whose Best Interests? (Paperback)
Mateja Sedmak, Birgit Sauer, Barbara Gornik
R1,357 Discovery Miles 13 570 Ships in 12 - 17 working days

Unaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migrants drawing on social, legal and political sciences in order to understand children's rights not only as a matter of positive law but mainly as a social practice depending on personal biographies, community histories and social relations of power. The book tackles the interpretation of the rights of the child and the best interests principle in the case of unaccompanied minor migrants in Europe at political, legal and practical levels. In its first part the book considers theoretical aspects of children's rights and the best interests of the child in relation to unaccompanied minor migrants. Adopting a critical approach to the implementation of the Convention of Rights of a Child authors nevertheless confirm its relevance for protecting minor migrants' rights in practice. Authors deconstruct power relations residing within the discourses of children's rights and best interests, demonstrating that these rights are constructed and decided upon by those in power who make decisions on behalf of those who do not possess authority. Authors further on explore normative and methodological aspects of Article 3 of the Convention on the Rights of a Child and its relevance for asylum and migration legislation. The second part of the book goes on to examine the actual legal framework related to unaccompanied minor migrants and implementation of children's' rights and their best interests in the reception, protection, asylum and return procedures. The case studies are based on from the empirical research, on interviews with key experts and unaccompanied minor migrants in Austria, France, Slovenia and United Kingdom. Examining age assessment procedures, unaccompanied minors' survivals strategies and their everyday life in reception centres the contributors point to the discrepancy between the states' obligations to take the best interest of the child into account when dealing with unaccompanied minor migrants, and the lack of formal procedures of best interest determination in practice. The chapters expose weaknesses and failures of institutionalized systems in selected European countries in dealing with unaccompanied children and young people on the move.

Constitutionalism, Democracy and Religious Freedom - To be Fully Human (Paperback): Hans-Martien ten Napel Constitutionalism, Democracy and Religious Freedom - To be Fully Human (Paperback)
Hans-Martien ten Napel
R1,259 Discovery Miles 12 590 Ships in 12 - 17 working days

In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief. The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how in a post-secular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.

Domestic Counter-Terrorism in a Global World - Post-9/11 Institutional Structures and Cultures in Canada and the United Kingdom... Domestic Counter-Terrorism in a Global World - Post-9/11 Institutional Structures and Cultures in Canada and the United Kingdom (Paperback)
Daniel Alati
R1,261 Discovery Miles 12 610 Ships in 12 - 17 working days

Although both Canada and the United Kingdom had experienced terrorism prior to the attacks of 9/11 and already had in place extensive provisions to deal with terrorism, the events of that day led to the enactment of new and expansive counter-terrorism legislation being enacted in both jurisdictions. This book explores these changes to counter-terrorism laws and policies in the UK and Canada in order to demonstrate that despite the force of international legal instruments, including the heavily scrutinized UN Security Council Resolution 1373, the evolution of counter-terrorism policies in different jurisdictions is best analyzed and understood as a product of local institutional structures and cultures. The book compares legal and political structures and cultures within Canada and the United Kingdom. It analyses variations in the evolution post-9/11 counter-terrorism measures in the two jurisdictions and explores the domestic reasons for them. While focus is primarily geared towards security certificates and bail with recognizance/investigative hearings in Canada, and detention without trial, control orders and TPIMs in the UK, the use of secret evidence in the wider national security context (terrorist listing, civil litigation, criminal prosecutions, etc.) is also discussed. The book reveals how domestic structures and cultures, including the legal system, the relative stability of government, local human rights culture, and geopolitical relationships all influence how counter-terrorism measures evolve. In this sense, the book utilizes a methodology that is both comparative and interdisciplinary by engaging in legal, political, historical and cultural analyses. This book will be particularly useful for target audiences in the fields of comparative law and criminal justice, counter-terrorism law, human rights law, and international relations and politics.

Bureaucracy, Law and Dystopia in the United Kingdom's Asylum System (Paperback): John R. Campbell Bureaucracy, Law and Dystopia in the United Kingdom's Asylum System (Paperback)
John R. Campbell
R1,347 Discovery Miles 13 470 Ships in 12 - 17 working days

The central concern of this book is to find answers to fundamental questions about the British asylum system and how it operates. Based on ethnographic research over a two-year period, the work follows and analyses numerous asylum appeals through the British courts. It draws on myriad interviews with individuals and a thorough examination of many state and non-state organizations to understand how the system works. While the organization of the book reflects the formal asylum process, a focus on specific legal appeals reveals the 'political' factors at play as different institutions and actors seek to influence judicial decision-making and overturn/uphold official asylum policy. The final chapter draws on the author's ethnographic findings of the UK's 'asylum field' to re-examine research on the Refugee Determination System in the US, Canada and Australia which has narrowly focused on judicial decision-making. It argues that analysis of Refugee Determination Systems must be situated and studied as part of a wider, political, semi-autonomous 'asylum field' which needs to be better understood. Providing an in-depth ethnographic study of a national asylum system and of immigration law and practice, the book will be an invaluable resource for academics, researchers and policy-makers in the UK and beyond working in this highly topical area.

Religious Liberty and the Law - Theistic and Non-Theistic Perspectives (Paperback): Angus J. L Menuge Religious Liberty and the Law - Theistic and Non-Theistic Perspectives (Paperback)
Angus J. L Menuge
R1,357 Discovery Miles 13 570 Ships in 12 - 17 working days

Questions of religious liberty have become flashpoints of controversy in virtually every area of life around the world. Despite the protection of religious liberty at both national and supranational levels, there is an increasing number of conflicts concerning the proper way to recognize it - both in modern secular states and in countries with an established religion or theocratic mode of government. This book provides an analysis of the general concept of religious liberty along with a close study of important cases that can serve as test beds for conflict resolution proposals. It combines the insights of both pure academics and experienced legal practitioners to take a fresh look at the nature, scope and limits of religious liberty. Divided into two parts, the collection presents a blend of legal and philosophical approaches, and draws on cases from a wide range of jurisdictions, including Brazil, India, Australia, the USA, the Netherlands, and Canada. Presenting a broad range of views, this often provocative volume makes for fascinating reading for academics and researchers working in the areas of law and religion, legal philosophy and human rights.

Reimagining Civil Society Collaborations in Development - Starting from the South (Paperback): Margit van Wessel, Tiina... Reimagining Civil Society Collaborations in Development - Starting from the South (Paperback)
Margit van Wessel, Tiina Kontinen, Justice Nyigmah Bawole
R1,147 Discovery Miles 11 470 Ships in 9 - 15 working days

At a time when uneven power dynamics are high on development actors' agenda, this book will be an important contribution to researchers and practitioners working on innovation in development and civil society. While there is much discussion of localization, decolonization and 'shifting power' in civil society collaborations in development, the debate thus far centers on the aid system. This book directs attention to CSOs as drivers of development in various contexts that we refer to as the Global South. This book take a transformative stance, reimagining roles, relations and processes. It does so from five complementary angles: (1) Southern CSOs reclaiming the lead, 2) displacement of the North-South dyad, (3) Southern-centred questions, (4) new roles for Northern actors, and (5) new starting points for collaboration. The book relativizes international collaboration, asking INGOs, Northern CSOs, and their donors to follow Southern CSOs' leads, recognizing their contextually geared perspectives, agendas, resources, capacities, and ways of working. Based in 19 empirically grounded chapters, the book also offers an agenda for further research, design, and experimentation. Emphasizing the need to 'Start from the South' this book thus re-imagines and re-centers Civil Society collaborations in development, offering Southern-centred ways of understanding and developing relations, roles, and processes, in theory and practice. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license. Funded by Wageningen University.

Constitutional Remedies in Asia (Hardcover): Po Jen Yap Constitutional Remedies in Asia (Hardcover)
Po Jen Yap
R3,913 Discovery Miles 39 130 Ships in 12 - 17 working days

Many jurisdictions in Asia have vested their courts with the power of constitutional review. Traditionally, these courts would invalidate an impugned law to the extent of its inconsistency with the constitution. In common law systems, such an invalidation operates immediately and retrospectively; and courts in both common law and civil law systems would leave it to the legislature to introduce corrective legislation. In practice, however, both common law and civil law courts in Asia have devised novel constitutional remedies, often in the absence of explicit constitutional or statutory authorisation. Examining cases from Hong Kong, Bangladesh, Indonesia, India, and the Philippines, this collection of essays examines four novel constitutional remedies which have been judicially adopted - Prospective Invalidation, Suspension Order, Remedial Interpretation, and Judicial Directive - that blurs the distinction between adjudication and legislation.

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