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

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.

Unjust Borders - Individuals and the Ethics of Immigration (Hardcover): Javier S. Hidalgo Unjust Borders - Individuals and the Ethics of Immigration (Hardcover)
Javier S. Hidalgo
R3,832 Discovery Miles 38 320 Ships in 9 - 15 working days

States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that unauthorized migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice.

Rebel Speak - A Justice Movement Mixtape (Hardcover): Bryonn Rolly Bain Rebel Speak - A Justice Movement Mixtape (Hardcover)
Bryonn Rolly Bain
R562 Discovery Miles 5 620 Ships in 12 - 17 working days

A literary mixtape of transformative dialogues on justice with a cast of visionary rebel activists, organizers, artists, culture workers, thought leaders, and movement builders. Rebel Speak sounds the alarm for a global movement to end systemic injustice led by people doing the day-to-day rebel work in the prison capital of the world. Prison activist, artist, and scholar Bryonn Rolly Bain brings us transformative oral history ciphers, rooted in the tradition of call-and-response, to lay bare the struggle and sacrifice on the front lines of the fight to abolish the prison industrial complex. Rebel Speak investigates the motives that inspire and sustain movements for visionary change. Sparked by a life-changing interview with working-class heroes Dolores Huerta and Harry Belafonte, Bryonn invites us to join conversations with change-makers whose diverse critical perspectives and firsthand accounts expose the crisis of prisons and policing in our communities. Through dialogues with activists including Albert Woodfox, founder of the first Black Panther Party prison chapter, and Susan Burton, founder of Los Angeles's A New Way of Life Reentry Project; a conversation with a warden pushing beyond traditions at Sing Sing Correctional Facility; and an intimate exchange with his brother returning from prison, Bryonn reveals countless unseen spaces of the movement to end human caging. Sampling his provocative sessions with influential artists and culture workers, like Public Enemy leader Chuck D and radical feminist MC Maya Jupiter, Bryonn opens up and guides discussions about the power of art and activism to build solidarity across disciplines and demand justice. With raw insight and radical introspection, Rebel Speak embodies the growing call for "credible messengers" on prisons, policing, racial justice, abolitionist politics, and transformative organizing. Reimagining the role of the writer and scholar as a DJ and MC, Bryonn moves the crowd with this unforgettable mix of those working within the belly of the beast to change the world. This is a new century's sound of movement-building and Rebel Speak.

Civil and Political Rights in Japan - A Tribute to Sir Nigel Rodley (Hardcover): Saul J. Takahashi Civil and Political Rights in Japan - A Tribute to Sir Nigel Rodley (Hardcover)
Saul J. Takahashi
R4,029 Discovery Miles 40 290 Ships in 12 - 17 working days

The human rights issues in Japan are multifaceted. Over decades, domestic and international human rights organisations have raised concerns, but government obstinacy has meant there has been little progress. Recommendations of UN human rights bodies are routinely ignored, and statements by the government in the Japanese parliament regarding these recommendations have been dismissive. At the review of Japan's implementation of the International Covenant on Civil and Political Rights in 2014, Professor Nigel Rodley, then chair of the UN Human Rights Committee, lamented the lack of true engagement by Japan and the country's unwillingness to take any action on the conclusions of UN human rights bodies. Equally worrying is the clear trend over recent years of popular publications bashing neighbouring countries and their nationals living in Japan as well as UN human rights bodies. This book explores the issues surrounding human rights in Japan, and what the future might hold for the country.

Human Rights in the Media - Fear and Fetish (Hardcover): Michelle Farrell, Eleanor Drywood, Edel Hughes Human Rights in the Media - Fear and Fetish (Hardcover)
Michelle Farrell, Eleanor Drywood, Edel Hughes
R4,358 Discovery Miles 43 580 Ships in 12 - 17 working days

This collection sets about untangling some of the knotty issues in the underexplored relationship between human rights and the media. We investigate how complex debates in political, judicial, academic and public life on the role and value of human rights are represented in the media, particularly, in print journalism. To focus the discussion, we concentrate on media representation of the controversial proposals in the United Kingdom to repeal the Human Rights Act 1998 and to replace it with a British Bill of Rights. The collection is underpinned by the observation that views on human rights and on the proposals to repeal and replace are polarised. On the one hand, human rights are presented as threatening and, therefore, utterly denigrated; on the other hand, human rights are idolised, and, therefore, uncritically celebrated. This is the 'fear and fetish' in our title. The media plays a decisive role in constructing this polarity through its representation of political and ideological viewpoints. In order to get to grips with the fear, the fetish and this complex interrelationship, the collection tackles key contemporary themes, amongst them: the proposed British Bill of Rights, Brexit, prisoner-voting, the demonisation of immigrants, press freedom, tabloid misreporting, trial by media and Magna Carta. The collection explores media representation, investigates media polarity and critiques the media's role.

Citizenship, Nation-building and Identity in the EU - The Contribution of Erasmus Student Mobility (Hardcover): Cherry James Citizenship, Nation-building and Identity in the EU - The Contribution of Erasmus Student Mobility (Hardcover)
Cherry James
R4,208 Discovery Miles 42 080 Ships in 12 - 17 working days

With Brexit looming, a major issue facing UK Higher Education is whether the UK will be able to stay in the Erasmus Programme. This book sits at the intersection of three main interrelated themes - EU citizenship, the current state of the university in Europe, and student mobility - as they play out in the context of an EU funded programme established not least to promote European identity, European consciousness and European citizenship. Exploring through interviews with students from many countries, this book weaves together the themes of citizenship creation as a device for building a nation and a polity, the university as a public space in the era of the marketization of higher education, and communicative interaction as the mechanism by which citizenship is created. Ultimately it asks if the building bricks of national citizenship can be transposed to the transnational scale, and assist in creating the transnational, EU citizenship. It finds, surprisingly, that far from encouraging and facilitating the communicative interaction on which the development of EU citizenship was postulated, central features of the Erasmus Programme inadvertently work against this outcome. This book will be of key interest to scholars and students of EU law and European and EU studies, Citizenship Studies, sociology, and more broadly to higher education in general.

Civil Rights Actions - Enforcing the Constitution (Hardcover, 5th Revised edition): John C. Jeffries Jr., Pamela S Karlan,... Civil Rights Actions - Enforcing the Constitution (Hardcover, 5th Revised edition)
John C. Jeffries Jr., Pamela S Karlan, Peter W. Low, George A Rutherglen
R8,146 Discovery Miles 81 460 Ships in 12 - 17 working days

This casebook provides the most complete treatment available of constitutional tort actions under 42 U.S.C. 1983 and Bivens. The elaborate and increasingly controversial doctrines of official immunity are examined in detail, as is the possibility of direct governmental liability under Monell v. Dept. of Social Services. The Fifth Edition also provides complete coverage of the Civil Rights Attorney's Fees Award Act and its implications for constitutional tort litigation. The book also explores the relation of 1983 to the Eleventh Amendment, to the potential overlap with federal habeas corpus, to the application of doctrines of preclusion, and to conflicts between state and federal law. It also provides an introduction to other Reconstruction Civil Rights Acts ( 1981, 1982, and 1985), to modern statutes such as Title VII and Title IX (which add sex discrimination to previously prohibited grounds of discrimination), and to structural reform litigation in schools and prisons.

Skull Wars - Kennewick Man, Archaeology, And The Battle For Native American Identity (Paperback): David Thomas Skull Wars - Kennewick Man, Archaeology, And The Battle For Native American Identity (Paperback)
David Thomas
R530 R448 Discovery Miles 4 480 Save R82 (15%) Ships in 10 - 15 working days

Centred on the lawsuit over Kennewick Man, this history illuminates one of the most contentious issues in science: the battle between archeologists and American Indians. The 1996 discovery, near Kennewick, Washington, of a 9000-year-old Caucasoid skeleton brought more to the surface than bones. The explosive controversy and resulting lawsuit also raised a far more fundamental question: Who owns history? Many Indians see archaeologists as desecrators of tribal rites and traditions; archaeologists see their livelihoods and science threatened by the 1990 Federal Reparation Law, which gives tribes control over remains in their traditional territories. In this work, Thomas charts the riveting story of this lawsuit, the archaeologists' deteriorating relations with American Indians, and the rise of scientific archaeology. His telling of the tale gains extra credence from his own reputation as a leader in building co-operation between the two sides.

Rebel Streets and the Informal Economy - Street Trade and the Law (Paperback): Alison Brown Rebel Streets and the Informal Economy - Street Trade and the Law (Paperback)
Alison Brown
R1,357 Discovery Miles 13 570 Ships in 12 - 17 working days

Street trade is a critical and highly visible component of the informal economy, linked to global systems of exchange. Yet policy responses are dismissive and evictions commonplace. Despite being progressively marginalised from public space, street traders in the global south are engaged in spatial and political battlegrounds to reclaim space, and claim de facto property rights over their place of work, through quiet infiltration, union power, or direct action. This book explores 'rebel streets', the challenges faced by informal economy actors and how organised groups are seeking to reframe legal understandings to create new claims to space and urban rights. The book sets out new thinking and a conceptual framework for improved understanding of the plural relationship between law, rights, and space for the informal economy, the contest between traditional, modernist and rights-based approaches to development, and impacts on the urban working poor. With a focus on street trading, the book seeks to reframe the legal context in which modern informal economies operate, drawing on key areas of academic inquiry and case studies of how vendors are staking claim to urban rights. The book argues for a reconceptualisation of legal instruments to provide a rights-based framework for urban work that recognises the legitimacy of urban informal economies, the scope for collective management of urban resources, and the social value of public space as a site for urban livelihoods. It will be of interest to students and scholars of geography, economics, urban studies, development studies, political studies and law.

Constitution-making and Human Rights in the Sudans (Hardcover): Lutz Oette, Mohamed Abdelsalam Babiker Constitution-making and Human Rights in the Sudans (Hardcover)
Lutz Oette, Mohamed Abdelsalam Babiker
R3,910 Discovery Miles 39 100 Ships in 12 - 17 working days

Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan's governance problems. Following South Sudan's independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan's identity, governance and rule of law, human rights protection and the relationship between religion and the State. This book provides an in-depth study of Sudan's constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book addresses constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women's rights.

Environmental Change, Forced Displacement and International Law - from legal protection gaps to protection solutions... Environmental Change, Forced Displacement and International Law - from legal protection gaps to protection solutions (Hardcover)
Isabel M. Borges
R3,914 Discovery Miles 39 140 Ships in 12 - 17 working days

This book explores the increasing concern over the extent to which those suffering from forced cross-border displacement as a result of environmental change are protected under international human rights law. Formally they are not entitled to admission or stay in a third state country, a situation that has been identified as an international "legal protection gap". The book seeks to provide answers to two basic questions: whether and to what extent existing international law protects cross-border environmental displacement, and whether and how existing formalized regional complementary protection standards can interpretively solidify and conceptualize protection for cross-border environmental displacement. The discussion outlines that the protection of the human person is not only an ex post facto obligation of states, but must be increasingly seen as an ex ante one. The analysis further suggests that the European Union regionally orientated protection regime can help states to consolidate an evolving protection paradigm of proactive and reactive measures being erected at the international level. It can also narrow the identified legal protection gaps. In so doing, it helps states to reconceptualise protection as a holistic and dynamic enterprise. This book will be of great interest to academics in law, political science and human rights, policy makers and civil society organisations both at national and international level.

EU Law, Fundamental Rights and National Democracy (Hardcover): Eduardo Gill-Pedro EU Law, Fundamental Rights and National Democracy (Hardcover)
Eduardo Gill-Pedro
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

The orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states to respect EU fundamental rights. It first sets out a legal theoretical account of how human rights can complement democracy. It argues that they can do so only if they are understood as both the conditions for the democratic process, and the outcome of such a democratic process. In light of this legal theoretical account of human rights, this book examines the demands which the Court of Justice of the EU (CJEU) imposes on the national orders in respect of EU fundamental rights. The conclusion reached is that the demands which EU fundamental rights impose on national legal orders entail a cost for the democratic legitimacy of those legal orders. Ultimately, accepting the demands of the CJEU in respect of EU fundamental rights may require the national legal order to abandon its commitment to protecting the human rights which are the foundation of the national legal order's very legitimacy.

The EU and the Proliferation of Integration Principles under the Lisbon Treaty (Hardcover): Francesca Ippolito, Maria Eugenia... The EU and the Proliferation of Integration Principles under the Lisbon Treaty (Hardcover)
Francesca Ippolito, Maria Eugenia Bartoloni, Massimo Condinanzi
R3,914 Discovery Miles 39 140 Ships in 12 - 17 working days

The entry into force of the Lisbon Treaty has brought about a proliferation of "integration principles". In addition to the environmental integration principle, which has been part of the EU legal framework for some time, the Lisbon Treaty introduced the principles of gender equality integration, social policy integration, non-discrimination integration, consumer protection integration as well as animal welfare integration. Furthermore, a general principle of integration policy objectives is contained in Article 7 TFEU, requiring that the Union must ensure consistency between its policies and activities, taking all relevant policy requirements listed under the TFEU into account in the adoption of any legislative measure. These integration principles must be pursued, or at least taken into account, when decisions are being taken in almost any area of EU policy-making. However, there is considerable uncertainty regarding the normative implications of the various integration principles as well as their legal value and practical relevance for EU policymaking. This book addresses the implications of the proliferation of sectorial integration principles and the introduction of a universal requirement of policy consistency in terms of the division of competences between the Union and the Member States as well as the scope for judicial review of the EU legislative process. In particular, it explores whether the introduction of various integration principles has led to an extension of Union competences and whether it has limited the scope for judicial review by extending the discretionary power of the Union institutions.

The Normalization of Saudi Law (Hardcover): Chibli Mallat The Normalization of Saudi Law (Hardcover)
Chibli Mallat
R3,143 Discovery Miles 31 430 Ships in 10 - 15 working days

Saudi Arabia has never commanded more attention and yet it remains one of the world's least understood countries. In The Normalization of Saudi Law, Chibli Mallat dives into the heart of Saudi society, politics, and business by exploring the workings of its courts. Legal practitioners and scholars will find a comprehensive analysis of the law's operation in the kingdom. The practitioner will access full thematic coverage of all important fields: judicial organization, contracts and torts, crime, family, property, administration, commerce, companies, banking, insolvency, the stock market, the constitution, succession, and human rights, with major statutes and a large number of court decisions distilled in 16 chapters. The scholar is presented with an assessment of a dynamic legal process, a 'normalization' of Saudi law where developing norms are both 'normal' (usual) and 'normative' (carrying moral force). This includes judges reshaping Islamic law by applying it in everyday transactions and disputes as they interpret classical treatises and modern statutes. In whole, The Normalization of Saudi Law paints a compelling picture of a fast-changing country. The book is a systematic study of Saudi law over nearly a decade, and its analysis draws from Mallat's involvement as a legal expert in landmark decisions around the world and as a law professor in leading universities in the Middle East, Europe, and America. The book reflects his work with Saudi law students and practicing colleagues, from cases in commercial law to those involving government and human rights. The Normalization of Saudi Law will interest both readers following the fast-changing world of comparative law and those intrigued by Saudi Arabia.

The Criminalisation of Unaccompanied Migrant Minors - Voices from the Detention Processes in Greece (Hardcover): Ioannis... The Criminalisation of Unaccompanied Migrant Minors - Voices from the Detention Processes in Greece (Hardcover)
Ioannis Papadopoulos
R2,245 Discovery Miles 22 450 Ships in 12 - 17 working days

In times of increasing migration flows, Greece is often viewed as the gateway to Europe for significantly high numbers of asylum-seeking individuals, including unaccompanied minors. Between 2016 and 2020, under Greek law unaccompanied children were to be temporarily placed in a protective environment upon irregular entry, pending referral to suitable accommodation. However, in reality they were being subjected to detention procedures instead. Giving voice to migrant children and professionals throughout, the author combines legal analysis with criminology and unveils the discrepancy between the law and practice. The findings demonstrate that unaccompanied children in Greece are criminalised through detention processes, while being deprived of the right to be heard. This book promotes child-friendly practices in the international migration setting, with a view to safeguarding the fundamental rights of unaccompanied minors experiencing detention upon arrival in host countries.

Leading Works in Law and Religion (Hardcover): Russell Sandberg Leading Works in Law and Religion (Hardcover)
Russell Sandberg
R3,909 Discovery Miles 39 090 Ships in 12 - 17 working days

Leading Works in Law and Religion brings together leading and emerging scholars in the field from the United Kingdom and Ireland. Each contributor has been invited to select and analyse a 'leading work', which has for them shed light on the way that Law and Religion are intertwined. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field, exploring in particular the interdisciplinary potential of the study of Law and Religion. The book also includes a specially written introduction and conclusion, which critically comment upon the development of Law and Religion over the last 25 years and likely future developments in light of the reflections by contributors on their chosen leading works.

The Legal Power to Launch War - Who Decides? (Hardcover): Michael Head, Kristian Boehringer The Legal Power to Launch War - Who Decides? (Hardcover)
Michael Head, Kristian Boehringer
R3,913 Discovery Miles 39 130 Ships in 12 - 17 working days

The issue of who has the power to declare war or authorise military action in a democracy has become a major legal and political issue, internationally, and is set to become even more pertinent in the immediate future, particularly in the wake of military action in Syria, ongoing wars in the Middle East, and tense discussions between the United States and its allies, and Russia and China. This book comparatively examines the executive and prerogative powers to declare war or launch military action, focusing primarily on the United States, Britain and Australia. It explores key legal and constitutional questions, including: who currently has the power/authority to declare war? who currently has the power to launch military action without formally declaring war? how, if at all, can those powers be controlled, legally or politically? what are the domestic legal consequences of going to war? In addition to probing the extensive domestic legal consequences of going to war, the book also reviews various proposals that have been advanced for interrogating the power to commence armed conflict, and explores the reasons why these propositions have failed to win support within the political establishment.

Gender and Judicial Education - Raising Gender Awareness of Judges (Paperback): Ulrike Schultz, T Brettel Dawson, Gisela Shaw Gender and Judicial Education - Raising Gender Awareness of Judges (Paperback)
Ulrike Schultz, T Brettel Dawson, Gisela Shaw
R1,357 Discovery Miles 13 570 Ships in 12 - 17 working days

Judicial Education has greatly expanded in common law countries in the past 25 years. More recently it has become a core component in judicial reform programs in developing countries with gender attentiveness as an element required by donor agencies. In civil law jurisdictions judges schools have long played a role in the formation of the career judiciary with a focus on entry to the judicial profession, in some countries judges get an intensive in-service education at judicial academies. Gender questions, however, tend to be neglected in the curricula. These judicial education activities have generated a significant body of material and experience which it is timely to review and disseminate. Questions such as the following require answers. What is the current state of affairs? How is judicial education implemented in developed and developing countries all around the world? Who are the educators? Who is being educated? How is judicial education on gender regarded by judges? How effective are these programs? The chapters in this book deal with these questions. They provide a multiplicity of perspectives. Six countries are represented, of these four are civil law countries (Germany, Argentina, Japan, Bosnia and Herzegovina) and two are common law countries (Canada; Uganda). This book was previously published as a special issue of International Journal of the Legal Profession.

Theorising Noncitizenship - Concepts, Debates and Challenges (Paperback): Katherine Tonkiss, Tendayi Bloom Theorising Noncitizenship - Concepts, Debates and Challenges (Paperback)
Katherine Tonkiss, Tendayi Bloom
R1,346 Discovery Miles 13 460 Ships in 12 - 17 working days

'Noncitizenship', if it is considered at all, is generally seen only as the negation or deprivation of citizenship. It is rarely examined in its own right, whether in relation to States, to noncitizens, or citizens. This means that it is difficult to examine successfully the status of noncitizens, obligations towards them, and the nature of their role in political systems. As a result, not only are there theoretical black holes, but also the real world difficulties created as a result of noncitizenship are not currently successfully addressed. In response, Theorising Noncitizenship seeks to define the theoretical challenge that noncitizenship presents and to consider why it should be seen as a foundational concept in social science. The contributions, from leading scholars in the field and across disciplinary backgrounds, capture a diversity of perspectives on the meaning, position and lived experience of noncitizenship. They demonstrate that, we need to look beyond citizenship in order to take noncitizenship seriously and to capture fully the lived realities of the contemporary State system. This book was previously published as a special issue of Citizenship Studies.

SCOTUS 2020 - Major Decisions and Developments of the U.S. Supreme Court (Paperback, 1st ed. 2021): Morgan Marietta SCOTUS 2020 - Major Decisions and Developments of the U.S. Supreme Court (Paperback, 1st ed. 2021)
Morgan Marietta
R669 R559 Discovery Miles 5 590 Save R110 (16%) Ships in 10 - 15 working days

Each year, the Supreme Court of the United States announces new rulings with deep consequences for our lives. This third volume in Palgrave's SCOTUS series describes, explains, and contextualizes the landmark cases of the US Supreme Court in the term ending 2020. With a close look at cases involving key issues and debates in American politics and society, SCOTUS 2020 tackles the Court's rulings on LGBT discrimination, abortion regulation, subpoenas of the Trump administration, the Electoral College, DACA and presidential power, Native rights, cross-border rights, the Second Amendment, church and state, separation of powers, criminal justice, and more. Written by notable scholars in political science and law, the chapters in SCOTUS 2020 present the details of each ruling, its meaning for constitutional debate, and its impact on public policy or partisan politics. Finally, SCOTUS 2020 offers an analysis of the current state of ideological and interpretive divisions on the Court.

Constitutional Politics and the Judiciary - Decision-making in Central and Eastern Europe (Hardcover): Kalman Pocza Constitutional Politics and the Judiciary - Decision-making in Central and Eastern Europe (Hardcover)
Kalman Pocza
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court's decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.

Beyond Human Rights and the War on Terror (Hardcover): Satvinder S. Juss Beyond Human Rights and the War on Terror (Hardcover)
Satvinder S. Juss
R3,917 Discovery Miles 39 170 Ships in 12 - 17 working days

This edited collection provides a comprehensive, insightful, and detailed study of a vital area of public policy debate as it is currently occurring in countries across the world from India to South Africa and the United Kingdom to Australia. Bringing together academics and experts from a variety of jurisdictions, it reflects upon the impact on human rights of the application of more than a decade of the "War on Terror" as enunciated soon after 9/11. The volume identifies and critically examines the principal and enduring resonances of the concept of the "War on Terror". The examination covers not only the obvious impacts but also the more insidious and enduring changes within domestic laws. The rationale for this collection is therefore not just to plot how the "War on Terror" has operated within the folds of the cloak of liberal democracy, but how they render that cloak ragged, especially in the sight of those sections of society who pay the heaviest price in terms of their human rights. This book engages with the public policy strand of the last decade that has arguably most shaped perceptions of human rights and engendered debates about their worth and meaning. It will be of interest to researchers, academics, practitioners, and students in the fields of human rights law, criminal justice, criminology, politics, and international studies.

Human Rights and America's War on Terror (Hardcover): Satvinder S. Juss Human Rights and America's War on Terror (Hardcover)
Satvinder S. Juss
R3,910 Discovery Miles 39 100 Ships in 12 - 17 working days

This volume examines the success of the 9/11 attacks in undermining the cherished principles of Western democracy, free speech and tolerance, which were central to US values. It is argued that this has led to the USA fighting disastrous wars in Afghanistan and Iraq, and to sanctioning the use of torture and imprisonment without trial in Guantanamo Bay, extraordinary rendition, surveillance and drone attacks. At home, it has resulted in restrictions of civil liberties and the growth of an ill-affordable military and security apparatus. In this collection the authors note the irony that the shocking destruction of the World Trade Center on 9/11 should become the justification for the relentless expansion of security agencies. Yet, this is a salutary illustration of how the security agencies in the USA have adopted faulty preconceptions, which have become too embedded within the institution to be abandoned without loss of credibility and prestige. The book presents a timely assessment of both the human rights costs of the 'war on terror' and the methods used to wage and relentlessly continue that war. It will be of interest to researchers, academics, practitioners and students in the fields of human rights law, criminal justice, criminology, politics and international studies.

Constitution-making in Asia - Decolonisation and State-Building in the Aftermath of the British Empire (Paperback): H.... Constitution-making in Asia - Decolonisation and State-Building in the Aftermath of the British Empire (Paperback)
H. Kumarasingham
R1,415 Discovery Miles 14 150 Ships in 12 - 17 working days

Britain's main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century's most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal - all linked by Britain and Jennings - assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia's experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.

Patterns of Im/mobility, Conflict and Identity (Hardcover): Birgit Brauchler Patterns of Im/mobility, Conflict and Identity (Hardcover)
Birgit Brauchler
R3,902 Discovery Miles 39 020 Ships in 12 - 17 working days

Patterns of im/mobility, collective identity and conflict are highly entangled. The im/mobility of a social or cultural group has major impact on how identity narratives, a sense of belonging and relationships to 'others' are shaped, and vice versa. These dynamics are closely interlinked with mechanisms of inclusion and exclusion between groups and power structures that involve a broad variety of actors from local populations, to migrants, government institutions and other intermediaries. Mainly looking at patterns of internal mobility such as 'traditional' or strategic mobilities and mobilities enforced by crisis, conflict or governmental programmes and regimes, this book aims to go beyond currently predominant issues of transnational migration. Dynamics of non/integration and belonging, caused by im/mobility, are analysed on a cultural and political level, which involves questions of representation, indigeneity/autochthony, political rights and access to land and other resources. With ethnographic case studies from Kosovo, Sierra Leone, Liberia, Bangladesh, East Timor and Indonesia, this volume provides a comparative perspective on the multifold dimensions of im/mobility in contexts where changing mechanisms of inclusion and exclusion trigger or settle conflicts and social identities are constantly re/negotiated. The chapters in this book were originally published as a special issue of Social Identities.

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