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The increase in the European Union's executive powers in the areas of economic and financial governance has thrown into sharp relief the challenges of EU law in constituting, framing, and constraining the decision-making processes and political choices that have hitherto supported European integration. The constitutional implications of crisis-induced transformations have been much debated but have largely overlooked the tension between law and discretion that the post-2010 reforms have brought to the fore. This book focuses on this tension and explores the ways in which legal norms may (or may not) constrain and structure the discretion of the EU executive. The developments in the EU's post-crisis financial and economic governance act as a reference point from which to analyze the normative problems pertaining to the law's relationship to the exercise of discretion. Structured in three parts, the book starts by analyzing the challenges to the maxim that the law both grounds and constrains EU executive and administrative discretion, setting out the concepts, problems and approaches to the relation between law and discretion both in general public law and in EU law. It progresses to analyze how these problems and approaches have unfolded in EU's financial, economic and monetary governance. Finally, it moves on from these specific developments to assess how existing legal principles and means of judicial review contribute to ensuring the rationality and legality of EU's discretionary powers.
A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation.
In this book, HP Lee explores how the separation of powers doctrine in Malaysia has been adversely affected by a number of major constitutional conflicts among the various important organs of government. The author first analyses the struggle by parliament for supremacy over the Malay Rulers or Sultans by expunging the need for the royal assent to the enactment of legislation and removing royal immunities. Lee then turns to the contemporary role of the Malay Rulers and the reasons for the perceived rejuvenation of these Malay Rulers. The book goes on to examine the series of controversies and scandals which have plagued the judiciary since the tumultuous judiciary crisis of 1988, and the efficacy of the reforms which have been introduced to restore public confidence in the judiciary. These conflicts and a number of statutory enactments are analysed to determine their impact on the state of constitutionalism in Malaysia. The book concludes with the author's thoughts on the trajectory of constitutional development in Malaysia.
Food, water, health, housing, and education are as fundamental to human freedom and dignity as privacy, religion, or speech. Yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book looks at the dynamic processes that render economic and social rights in legal form. It argues that processes of interpretation, enforcement, and contestation each reveal how economic and social interests can be protected as human and constitutional rights, and how their protection changes public law. Drawing on constitutional examples from South Africa, Colombia, Ghana, India, the United Kingdom, the United States and elsewhere, the book examines innovations in the design and role of institutions such as courts, legislatures, executives, and agencies in the organization of social movements and in the links established with market actors. This comparative study shows how legal systems protect economic and social rights by shifting the focus from minimum bundles of commodities or entitlements to processes of value-based, deliberative problem solving. Theories of constitutionalism and governance inform the potential of this approach to reconcile economic and social rights with both democratic and market principles, while addressing the material inequality, poverty and social conflict caused, in part, by law itself.
Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's "new federalism" begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. Using descriptive and empirical methods in political science and legal scholarship, and informed by diverse approaches to judicial ideology, from historical to new institutionalist, they investigate how the U.S. Supreme Court rulings have shaped the political principle of federalism. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation. In addition, they analyze areas of federalism not normally studied by scholars such as religious liberty and foreign affairs.
This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.
What does it take for women to win political office? This book uncovers a gendered qualifications gap, showing that women need to be significantly more qualified than men to win elections. Applying insights from psychology and political science and drawing on experiments, public opinion data, and content analysis, Nichole M. Bauer presents new evidence of how voter biases and informational asymmetries combine to disadvantage female candidates. The book shows that voters conflate masculinity and political leadership, receive less information about the political experiences of female candidates, and hold female candidates to a higher qualifications standard. This higher standard is especially problematic for Republican female candidates. The demand for masculinity in political leaders means these women must "look like men" but also be better than men to win elections.
EU law applies in a significant range of areas where public bodies take decisions that are susceptible to judicial review and it is an increasingly important element of the treatment of powers and remedies in public law. EU Law in Judicial Review is the only text of its kind to focus specifically on the relationship, both substantive and procedural, between EU law and UK domestic judicial review. This new edition provides comprehensive guidance to practitioners on how to act effectively when encountering an EU dimension in the context of judicial review, and is updated to include all the latest developments in this area. Its three-part structure divides the subject into the distinct areas of procedure, principle, and practice and displays them in a clear and functional layout, allowing for ease of use and reference. Part One takes as its starting point the UK domestic judicial review procedures, grounds, and remedies, and analyses them from an EU standpoint. Part Two turns to the fundamental rights and principles of law which underpin EU law. Finally, in Part Three, the book considers in detail the key areas in which judicial review and EU law interact, including competition law, state aid, public procurement, and the free movement of goods, services, and persons. The new edition has been extensively revised to incorporate significant legal developments, in particular decisions since the Treaty of Lisbon entered into force on 1 December 2009.
Congress has a long-standing interest in seeing that immigration enforcement agencies identify and deport serious criminal aliens. The expeditious removal of such aliens has been a statutory priority since 1986, and the Department of Homeland Security (DHS) and its predecessor agency have operated programs targeting criminal aliens for removal since 1988. This book examines the four programs the DHS operates to target criminal aliens with a focus on the merits of jail enforcement programs and the role of state and localities in immigration enforcement.
In this first comprehensive overview of the intersection of immigration law and the First Amendment, a lawyer and historian traces ideological exclusion and deportation in the United States from the Alien Friends Act of 1798 to the evolving policies of the Trump administration. Beginning with the Alien Friends Act of 1798, the United States passed laws in the name of national security to bar or expel foreigners based on their beliefs and associations-although these laws sometimes conflict with First Amendment protections of freedom of speech and association or contradict America's self-image as a nation of immigrants. The government has continually used ideological exclusions and deportations of noncitizens to suppress dissent and radicalism throughout the twentieth and twenty-first centuries, from the War on Anarchy to the Cold War to the War on Terror. In Threat of Dissent-the first social, political, and legal history of ideological exclusion and deportation in the United States-Julia Rose Kraut delves into the intricacies of major court decisions and legislation without losing sight of the people involved. We follow the cases of immigrants and foreign-born visitors, including activists, scholars, and artists such as Emma Goldman, Ernest Mandel, Carlos Fuentes, Charlie Chaplin, and John Lennon. Kraut also highlights lawyers, including Clarence Darrow and Carol Weiss King, as well as organizations, like the ACLU and PEN America, who challenged the constitutionality of ideological exclusions and deportations under the First Amendment. The Supreme Court, however, frequently interpreted restrictions under immigration law and upheld the government's authority. By reminding us of the legal vulnerability foreigners face on the basis of their beliefs, expressions, and associations, Kraut calls our attention to the ways that ideological exclusion and deportation reflect fears of subversion and serve as tools of political repression in the United States.
A just international order and a healthy cosmopolitan discipline of law need to include perspectives that take account of the standpoints, interests, concerns and beliefs of non-Western people and traditions. The dominant scholarly and activist discourses about human rights have developed largely without reference to these other viewpoints. Claims about universality sit uneasily with ignorance of other traditions and parochial or ethnocentric tendencies. The object of the book is to make accessible the ideas of four jurists who present distinct 'Southern' perspectives on human rights.
This study explores the use of precedents in the case law of the Court of Justice of the European Union (CJEU). It argues that a strategic use of precedent-based discourses aids the Court in developing its jurisprudence autonomously; that is, independent of the political preferences of EU member states. The study is based on a long-term assessment of CJEU case law in the politically sensitive area of immigration law. It traces the Court's rulings in this area from the 1970s up until the most recent period. The study identifies a series of consistent discursive patterns that slowly, but surely, moved EU immigration law beyond what member states had intended. The work takes an interdisciplinary approach, engaging with both political science and legal discussions on the Court of Justice and its role in processes of European integration.
FDA's primary responsibility is to protect the American people from unsafe or mislabelled food, drugs, and other medical products and to make sure consumers have access to accurate, science-based information about the products they need and rely on every day. The agency also guides and oversees the development and availability of effective new medical products and new food products that harness the latest advances in science and technology to improve the health and well-being of American consumers. This book explores the FDA's strategic priorities and vision for the future which includes a transformed and integrated global food system, focused on prevention and improved nutrition, as well as an investment in medical science and technology, to ultimately better promote and protect the health of the American people.
Due to its Constitution, and particularly to that Constitution's First Amendment, the relationship between religion and politics in the United States is rather unusual. This is especially the case concerning the manner with which religious terminology is defined via the discourse adopted by the United States Supreme Court, and the larger American judicial system. Focusing on the religious term of Atheism, this book presents both the discourse itself, in the form of case decisions, as well as an analysis of that discourse. The work thus provides an essential introduction and discussion of both Atheism as a concept and the influence that judicial decisions have on the way we perceive the meaning of religious terminology in a national context. As a singular source on the Supreme, Circuit, and District Court cases concerning Atheism and its judicial definition, the book offers convenient access to this discourse for researchers and students. The discursive analysis further provides an original theoretical insight into how the term 'Atheism' has been judicially defined. As such, it will be a valuable resource for scholars of religion and law, as well as those interested in the definition and study of Atheism.
This is the 17th UCC Edition (and the twenty-second overall edition) of a business law text that first appeared in 1935. Throughout its 80 years of existence, this book has been a leader and an innovator in the fields of business law and the legal environment of business. One reason for the book's success is its clear and comprehensive treatment of the standard topics that form the traditional business law curriculum. Another reason is its responsiveness to changes in these traditional subjects and to new views about that curriculum. In 1976, this textbook was the first to inject regulatory materials into a business law textbook, defining the "legal environment" approach to business law. Over the years, this textbook has also pioneered by introducing materials on business ethics, corporate social responsibility, global legal issues, and e-commerce law. The 17th Edition continues to emphasize change by integrating these four areas into its pedagogy.
This volume brings together an interdisciplinary group of scholars from the United States, the Middle East, and North Africa, to discuss and critically analyze the intersection of gender and human rights laws as applied to individuals of Arab descent. It seeks to raise consciousness at the intersection of gender, identity, and human rights as it relates to Arabs at home and throughout the diaspora. The context of revolution and the destabilizing impact of armed conflicts in the region are used to critique and examine the utility of human rights law to address contemporary human rights issues through extralegal strategies. To this end, the volume seeks to inform, educate, persuade, and facilitate newer or less-heard perspectives related to gender and masculinities theories. It provides readers with new ways of understanding gender and human rights and proposes forward-looking solutions to implementing human rights norms. The goal of this book is to use the context of Arabs at home and throughout the diaspora to critique and examine the utility of human rights norms and laws to diminish human suffering with the goal of transforming the structural, social, and cultural conditions that impede access to human rights. This book will be of interest to a diverse audience of scholars, students, public policy researchers, lawyers and the educated public interested in the fields of human rights law, international studies, gender politics, migration and diaspora, and Middle East and North African politics.
"Tyrannicide" uses a captivating narrative to unpack the
experiences of slavery and slave law in South Carolina and
Massachusetts during the Revolutionary Era. In 1779, during the
midst of the American Revolution, thirty- four South Carolina
slaves escaped aboard a British privateer and survived several
naval battles until the Massachusetts brig "Tyrannicide" led them
to Massachusetts. Over the next four years, the slaves became the
center of a legal dispute between the two states. The case affected
slave law and highlighted theprofound differences between how the
"terrible institution" was practiced in the North and the South, in
ways that would foreground issues eventually leading to the Civil
La Constitucion de 1993 fue redactada por el Congreso Constituyente Democratico tras el autogolpe y la subsecuente crisis constitucional de 1992. Fue aprobada mediante el referendum de 1993, durante el gobierno de Alberto Fujimori, aunque los resultados han sido discutidos por algunos sectores, es actualmente la base del sistema juridico del pais.
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