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This work is intented primarily to reflect the law dealing with water resource management and the provision of water services in South Africa. The law governing water in South Africa was always regarded as a specialised field practised by a small group of lawyers. However, the political and social reform during the last decade of the 20th century, the water-related problems experienced and the prominence given to fundamental human rights and environment-related matters have significantly increased the need for this knowledge by others. South Africa is in the process of developing and implementing a new framework governing water resource management and the provision of water services. This complex and dynamic framework aims to manage absolute water scarcity with significant participation by all interested and affected persons.
Told with the grace of a novel, "To an Unknown God: Religious
Freedom on Trial" is a modern legal epic chronicling the six-year
duel between two remarkable men with very different visions of
religious freedom and of America.
Can America Govern Itself? brings together a diverse group of distinguished scholars to analyze how rising party polarization and economic inequality have affected the performance of American governing institutions. It is organized around two themes: the changing nature of representation in the United States; and how changes in the political environment have affected the internal processes of institutions, overall government performance, and policy outcomes. The chapters in this volume analyze concerns about power, influence and representation in American politics, the quality of deliberation and political communications, the management and implementation of public policy, and the performance of an eighteenth century constitution in today's polarized political environment. These renowned scholars provide a deeper and more systematic grasp of what is new, and what is perennial in challenges to democracy at a fraught moment.
Several books have argued a hypothetical case for impeaching George W. Bush, but Congressman Dennis Kucinich grabbed the bull by the horns and put forward 35 Articles of Impeachment before Congress in June 2008. This book presents all of Kucinich's Articles along with supplementary material that cannot be found in the Congressional Record.
We learn from investigator David Swanson (who assisted Kucinich with his Articles of Impeachment) that when George Bush and his cabinet leave office, the case for his impeachment is still necessary and possible, and the case for the prosecution of his crimes remains quite open.
For this book, Dennis Kucinich provides a new foreword and David Swanson discusses a number of other prosecutable crimes that didn't make Kucinich's final cut. Federal prosecutor and author Elizabeth de la Vega ("United States v. George W. Bush et al.") contributes an annotated list of criminal violations in the Articles.
Vincent Bugliosi's best-selling "The Prosecution of George W. Bush for Murder" addresses only one of Bush's crimes, while Dennis Kucinich's "35 Articles of Impeachment" fully opens the can of worms, proving a case against dozens of executive crimes.
Dennis Kucinich is the former mayor of Cleveland and has represented the Tenth District of Ohio for the United States House of Representatives since 1996. He was also a candidate for the Democratic nominee for president in the 2004 and 2008 elections.
What led a former United States Attorney General to become one of the world's most notorious defenders of the despised? Defending the Public's Enemy examines Clark's enigmatic life and career in a quest to answer this perplexing question. What led a former United States Attorney General to become one of the world's most notorious defenders of the despised? Defending the Public's Enemy examines Clark's enigmatic life and career in a quest to answer this perplexing question. The culmination of ten years of research and interviews, Lonnie T. Brown, Jr. explores how Clark evolved from our government's chief lawyer to a strident advocate for some of America's most vilified enemies. Clark's early career was enmeshed with seminally important people and events of the 1960s: Martin Luther King, Jr., Watts Riots, Selma-to-Montgomery March, Black Panthers, Vietnam. As a government insider, he worked to secure the civil rights of black Americans, resisting persistent, racist calls for more law and order. However, upon entering the private sector, Clark seemingly changed, morphing into the government's adversary by aligning with a mystifying array of demonized clients- among them, alleged terrorists, reputed Nazi war criminals, and brutal dictators, including Saddam Hussein. Is Clark a man of character and integrity, committed to ensuring his government's adherence to the ideals of justice and fairness, or is he a professional antagonist, anti-American and reflexively contrarian to the core? The provocative life chronicled in Defending the Public's Enemy is emblematic of the contradictions at the heart of American political history, and society's ambivalent relationship with dissenters and outliers, as well as those who defend them.
This textbook provides a thorough and accessible introduction to the basic principles of United Kingdom Constitutional and Administrative Law, including Human Rights law. By taking the reader through the key constitutional structures - including the notion of the UK constitution as developing "organically" and as a result of historical development and practical compromises - the authors are able to guide the reader step-by-step to a clearer understanding of UK Constitutional and Administrative Law. This book is therefore an essential starting point for more advanced law students and a valuable source of legal context for political science students alike. Both authoritative and accessible, it enables the reader to appreciate the complexity and beauty of this most fundamental part of our legal system.
Unsurpassed in authority, reliability and accuracy; the 2018-2019 has been fully revised and updated to incorporate all relevant legislation for public and human rights law courses. Blackstone's Statutes on Public Law & Human Rights is an abridged collection of legislation carefully reviewed and selected by Robert G. Lee. With unparalleled coverage of public and human rights law, Blackstone's Statutes on Public Law & Human Rights leads the market: consistently recommended by lecturers and relied on by students for exam and course use. Blackstone's Statutes on Public Law & Human Rights is: - Trusted: ideal for exam use - Practical: find what you need instantly - Reliable: current, comprehensive coverage - Relevant: content reviewed to match your course Online resources The accompanying online resources include video guides to reading and interpreting statutes, web links, exam tips, and an interactive sample Act of Parliament.
This book provides the most comprehensive and scientific assessment to date of what it means to appear before war crimes tribunals. This ground-breaking analysis, conducted with the cooperation of the International Criminal Tribunal for the former Yugoslavia (ICTY) Victims and Witnesses Section, examines the positive and negative impact that testifying has on those who bear witness to the horrors of war by shedding new light on the process. While most witnesses have positive feelings and believe they contributed to international justice, there is a small but critical segment of witnesses whose security, health, and well-being are adversely affected after testifying. The witness experience is examined holistically, including witness' perceptions of their physical and psychological well-being. Because identity (gender and ethnicity) and war trauma were central to the ICTY's mandate and the conflicts in the former Yugoslavia, the research explores in-depth how they have impacted the most critical stakeholders of any transitional justice mechanism: the witnesses.
For all the diversity of views within the animal protection movement, there is a surprising consensus about the need for more severe criminal justice interventions against animal abusers. More prosecutions and longer sentences, it is argued, will advance the status of animals in law and society. Breaking from this mold, Professor Justin Marceau demonstrates that a focus on 'carceral animal law' puts the animal rights movement at odds with other social justice movements, and may be bad for humans and animals alike. Animal protection efforts need to move beyond cages and towards systemic solutions if the movement hopes to be true to its own defining ethos of increased empathy and resistance to social oppression. Providing new insights into how the lessons of criminal justice reform should be imported into the animal abuse context, Beyond Cages is a valuable contribution to the literature on animal welfare and animal rights law.
This book presents a quantitative history of constitutional law in the United States and brings together humanistic and social-scientific approaches to studying law. Using theoretical models of adjudication, Tom S. Clark presents a statistical model of law and uses the model to document the historical development of constitutional law. Using sophisticated statistical methods and historical analysis of court decisions, the author documents how social and political forces shape the path of law. Spanning the history of constitutional law since Reconstruction, this book illustrates the way in which the law evolves with American life and argues that a social-scientific approach to the history of law illuminates connections across disparate areas of the law, connected by the social context in which the Constitution has been interpreted.
One of the hallmark features of the post-civil rights United States is the reign of colorblindness over national conversations about race and law. But how, precisely, should we understand this notion of colorblindness in the face of enduring racial hierarchy in American society? In Letters of the Law, Sora Y. Han argues that colorblindness is a foundational fantasy of law that not only informs individual and collective ideas of race, but also structures the imaginative capacities of American legal interpretation. Han develops a critique of colorblindness by deconstructing the law's central doctrines on due process, citizenship, equality, punishment and individual liberty, in order to expose how racial slavery and the ongoing struggle for abolition continue to haunt the law's reliance on the fantasy of colorblindness. Letters of the Law provides highly original readings of iconic Supreme Court cases on racial inequality-spanning Japanese internment to affirmative action, policing to prisoner rights, Jim Crow segregation to sexual freedom. Han's analysis provides readers with new perspectives on many urgent social issues of our time, including mass incarceration, educational segregation, state intrusions on privacy, and neoliberal investments in citizenship. But more importantly, Han compels readers to reconsider how the diverse legacies of civil rights reform archived in American law might be rewritten as a heterogeneous practice of black freedom struggle.
At a time when public administrations are increasingly subjected to transparency requirements this book provides timely analysis on the role of transparency in the context of public procurement within the EU. It provides a blend of theoretical analysis and practical insights into the operation of freedom of information requirements associated with the expenditure of public funds through purchasing, contracting out and commissioning activities. The first part of the book critically assesses a number of key issues surrounding transparency in public procurement including: corruption prevention, competition, commercial issues and access to remedies. The second part of the book features contributions from leading experts across ten European jurisdictions, providing a comparative view of transparency requirements and freedom of information rules in the context of public procurement. Overall the book provides a conceptual framework to understand the relationship between business secrets, freedom of information rules and the regulation of public procurement across Europe. This book will be of interest to scholars and students researching across public, administrative and comparative law. Practising lawyers who are involved with cross-border procurement tenders will also find this book to be a useful resource as it provides a comprehensive overview of regulatory standards at a national and European level.
Government Liability: South Africa And The Commonwealth is the first attempt to analyse in comparative terms the law of government liability and bureaucratic negligence in South Africa, England, Australia, Canada, and New Zealand.
The book is structured around the three basic sources of action – constitutional, statutory and common law – through which an aggrieved person may obtain damages in South African courts for wrongful government conduct. In analysing the legal position in South Africa, the book draws extensively upon case law from the English, Australian, Canadian and New Zealand courts.
The authors examine the impact of the Constitution on developments in the common law of public authority liability and government vicarious liability in South Africa, and link these developments to the changes that have taken place in Canada and England. The study also provides a comparative analysis of the correlation between fraud, bad faith and misfeasance in public office as grounds upon which damages can be awarded when constitutional and administrative justice rights are breached by public functionaries.
Government Liability: South Africa And The Commonwealth also investigates the century-old question of holding the employer, in this instance, the public employer, vicariously liable for the illegal acts of its servants.
The book tackles the problematic issue of quantum of damages in public law in a thorough and comparative manner, not hitherto attempted in the Commonwealth.
The CDM Regulations require all those involved in construction to adopt an integrated approach to health and safety management. This Procedures Manual provides a documentation system for compliance with the statutory requirements. It is being thoroughly revised to take account of major changes to the CDM Regulations 2015.
Administrative Law in South Africa has been dramatically transformed over the past 14 years since the enactment of the interim Constitution in 1994. This has resulted in a flood of judgments in which the new administrative law has been considered. The large volume of cases and the ever-growing length of judgments make it increasingly difficult to cut through the thicket and zoom in on the core principles of this area of law as they emerge from the materials.
This book collects the key materials on administrative law in South Africa in a focused and organised manner. It is a comprehensive resource tool that will enable anyone encountering administrative law to access the principles of this field through the primary sources.
Among the selections the reader will find both the leading authorities on particular rules and the best illustrations of their application. Apart from the judgments, the book also contains the relevant statutory provisions such as extracts from the 1993 and 1996 Constitutions and the Promotion of Administrative Justice Act 3 of 2000.
A practical guide to what international human rights law means and how that knowledge can be used on behalf of victims, this volume should make a contribution to the empowerment of those it sees as at risk, as well as providing a different view of a world which upholds a common standard of respect for human dignity.;It includes: a detailed commentary on the international covenant on civil and political rights; discussion on the changing priorities in a state in transition from one-party rule to multi-party rule; and extensive appendices including the basic international human rights texts, their signatories and a list of international organizations and NGOs.
Camera Power is the first book to tackle the policy questions raised by two ongoing revolutions in recording the police: copwatching and police-worn body cameras. Drawing on original research from over 200 jurisdictions and more than 100 interviews - with police leaders and officers, copwatchers, community members, civil rights and civil liberties experts, industry leaders, and technologists - Mary D. Fan offers a vision of the great potential and perils of the growing deluge of audiovisual big data. In contrast to the customary portrayal of big data mining as a threat to civil liberties, Camera Power describes how audiovisual big data analytics can better protect civil rights and liberties and prevent violence in police encounters. With compelling stories and coverage of the most important debates over privacy, public disclosure, proof, and police regulation, this book should be read by anyone interested in how technology is reshaping the relationship with our police.
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