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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
The religion and state debate in Israel has overlooked the
Palestinian-Arab religious communities and their members, focusing
almost exclusively on Jewish religious institutions and norms and
Jewish majority members. Because religion and state debates in many
other countries are defined largely by minority religions' issues,
the debate in Israel is anomalous. Michael Karayanni advances a
legal matrix that explains this anomaly by referencing specific
constitutional values. At the same time, he also takes a critical
look at these values and presents the argument that what might be
seen as liberal and multicultural is at its core just as illiberal
and coercive. In making this argument, A Multicultural Entrapment
suggests a set of multicultural qualifications by which one should
judge whether a group based accommodation is of a multicultural
nature.
Constitutional amendments, like all laws, may lead to unanticipated
and even undesired outcomes. In this collection of original essays,
a team of distinguished historians, political scientists, and legal
scholars led by award-winning constitutional historian David E.
Kyvig examines significant instances in which reform produced
something other than the foreseen result. An opening essay examines
the intentions of the Constitution's framers in creating an
amending mechanism and then explores unexpected uses of that
instrument. Thereafter, authors focus on the Bill of Rights and
subsequent amendments, addressing such subjects as criminal justice
procedures, the presidential election system, the Civil War's
impact on race and gender relations, the experiment in national
prohibition, women's suffrage, and, finally, limits on the
presidency. Together these contributions illuminate aspects of
constitutional stability and evolution, challenging current
thinking about reform within the formal system of change provided
by Article V of the Constitution. Forcefully demonstrating that
constitutional law is not immune to unanticipated consequences, the
eight scholars underscore the need for care, responsibility, and
historical awareness in altering the nation's fundamental law.
This book explores the often neglected, but overwhelmingly common,
everyday vulnerability of those who support the smooth functioning
of contemporary societies: paid domestic workers. With a focus on
the multiple disadvantages these - often migrant - workers face
when working and living in Europe, the book investigates the role
of law in producing, reinforcing - or, alternatively, attenuating -
vulnerability to exploitation. It departs from approaches that
focus on extreme abuse such as 'modern' slavery or trafficking, to
consider the much more widespread day-to-day vulnerabilities
created at the intersection of different legal regimes. The book,
therefore, examines issues such as low wages, unregulated working
time, dismissals and the impact of migration status on enforcing
rights at work. The complex legal regimes regulating migrant
domestic labour in Europe include migration and labour law sources
at different levels: international, national and, as this book
demonstrates, also EU. With an innovative lens that combines
national, comparative, and multilevel analysis, this book opens up
space for transformative legal change for migrant domestic workers
in Europe and beyond.
Precedent is an important tool of judicial decision making and
reasoning in common law systems such as the United States. Instead
of having each court decide cases anew, the rule of precedent or
stares decisis dictates that similar cases should be decided
similarly. Adherence to precedent promotes several values,
including stability, reliability, and uniformity, and it also
serves to constrain judicial discretion. Yet while adherence to
precedent is important, there are some cases where the United
States Supreme Court does not follow it when it comes to
constitutional reasoning. Over time the US Supreme Court under its
different Chief Justices has approached rejection of its own
precedent in different ways and at varying rates of reversal. This
book examines the role of constitutional precedent in US Supreme
Court reasoning. The author surveys the entire history of the US
Supreme Court up until 2020, keying in on decisions regarding when
it chose to overturn its own constitutional precedent and why. He
explores how the US Supreme Court under its different Chief
Justices has approached constitutional precedents and justified its
reversal and quantifies which Courts have reversed the most
constitutional precedents and why. Constitutional Precedent in US
Supreme Court Reasoning is essential reading for law professors and
students interested in precedent and its role in legal reasoning.
Law libraries which will find this book of importance to their
collections on legal reasoning and analysis.
This is a book about the dynamics of the aspirational society. It
explores the boundaries of permissible thought--deviations and
transgressions that create constant innovations. When confronted
with a problem, an innovative mind struggles and brings forth
something distinctive--new ideas, new inventions, and new programs
based on unconventional approaches to solve the problem. But this
can be done only if the culture creates large breathing spaces by
leaving people alone, not as a matter of state generosity but as
something fundamental in being an American. Consequently, the
Constitutional mandate of "Congress shall make no law..." has
encouraged fearless speech, unrestrained thought, and endless
experimentation leading to newer developments in science,
technology, the arts, and not least socio-political relations. Most
of all, the First Freedoms liberate the mind from irrational fears
and encourage an environment of divergent thinking, non-conformity,
and resistance to a collective mindset. The First Freedoms
encourage Americans to be iconoclastic, to be creatively crazy, to
be impure, thus, enabling them to mix and re-mix ideas to design
new technologies and cultural forms and platforms, anything from
experimental social relations and big data explorations to electing
our first black president.
Global politics has transformed in recent years due to a rise in
nationalist ideology, the breakdown of multiple societies, and even
nation-state legitimacy. The nation-state, arguably, has been in
question for much of the digital age, as citizens become
transnational and claim loyalty to many different groups, causes,
and in some cases, states. Thus, politics that accompany diasporic
communities have become increasingly important focal points of
comparative and political science research. Global Diaspora
Politics and Social Movements: Emerging Research and Opportunities
provides innovative insights into the dispersion of political and
social groups across the world through various research methods
such as case studies. This publication examines migration politics,
security policy, and social movements. It is designed for
academicians, policymakers, government officials, researchers, and
students, and covers topics centered on the distribution of social
groups and political groups.
Kazakhstan finds itself at the crossroads of political, economic,
social and cultural relations between the East and West.
Constituting a bridge between Europe and Asia, uniting more than
100 different ethnic and religious groups and possessing huge
territory with abundant natural resources, it is a unique country
with enormous potential to grow in stature on the world's stage.
This book is the first-ever comprehensive overview of the legal
system of Kazakhstan in English. It offers a compact, coherent,
systematic and reliable overview of the major legal concepts,
principles and developments of the legal system of Kazakhstan.
Sixteen chapters, each written by an expert in the respective
field, cover the following specific areas of the Kazakhstani legal
system: Legal History of Kazakhstan; Basic Features of the Legal
System (Comparative Perspective and Sources of Law); Legal
Education and Science in Kazakhstan; Constitutional Law;
Administrative Law; Law of Persons; Property Law; Law of
Obligations; Family and Inheritance Law; Labor Law; Private
International Law; Civil Procedure; Criminal Law; Criminal
Procedure; Investment and Energy Law; Tax Law.
This book examines the problem of constitutional change in times of
crisis. Divided into five main parts, it both explores and
interrogates how public law manages change in periods of
extraordinary pressure on the constitution. In Part I, "Emergency,
Exception and Normalcy," the contributors discuss the practices and
methods that could be used to help legitimize the use of emergency
powers without compromising the constitutional principles that were
created during a period of normalcy. In Part II, "Terrorism and
Warfare," the contributors assess how constitutions are interpreted
during times of war, focusing on the tension between individual
rights and safety. Part III, "Public Health, Financial and Economic
Crises," considers how constitutions change in response to crises
that are neither political in the conventional sense nor violent,
which also complicates how we evaluate constitutional resilience in
times of stress. Part IV, "Constitutionalism for Divided
Societies," then investigates the pressure on constitutions
designed to govern diverse, multi-national populations, and how
constitutional structures can facilitate stability and balance in
these states. Part V, titled "Constitution-Making and
Constitutional Change," highlights how constitutions are
transformed or created anew during periods of tension. The book
concludes with a rich contextual discussion of the pressing
challenges facing constitutions in moments of extreme pressure.
Chapter "Public Health Emergencies and Constitutionalism Before
COVID-19: Between the National and the International" is available
open access under a Creative Commons Attribution 4.0 International
License via link.springer.com.
Title 50 presents regulations governing the taking, possession,
transportation, sale, purchase, barter, exportation and importation
of wildlife and plants; wildlife refuges; wildlife research;
fisheries conservation areas; fish and wildlife restoration; marine
mammals; whaling; fisheries; tuna fisheries; and international
fishing. Additions and revisions to this section of the code are
posted annually by October. Publication follows within six months.
For a range of reasons - including internal and external pressures
- the constitutional arrangements in many countries are changing.
Constitutional change may be: formal, involving amendments to the
texts of Constitutions or the passage of legislation of a clearly
constitutional kind; or informal and organic, as where court
decisions affect the operation of the system of government, or
where new administrative and other arrangements (e.g.
agencification) affect or articulate or alter the operation of the
Constitution of the country, without the need for government to
resort to legislation. This book explores how Constitutions change
and are changed in a number of countries, and how the
'Constitution' of the EU changes and is changed. The countries in
this study include - from the EU - a common law country, a Nordic
one, a former communist state, several civil law systems,
parliamentary systems, and a hybrid one (France). Chapters on
non-EU countries include two on developing countries (India and
South Africa), two on common law countries without written
constitutions (Israel and New Zealand), a presidential system (the
US), and three federal ones (the US, Canada, and Switzerland). In
the final chapter, the editors conduct a detailed comparative
analysis of the jurisdiction-based chapters and explore the
question whether any overarching theory or theories about
constitutional change in liberal democracies emerge from the study.
House of Lords reform is often characterised as unfinished
business: a riddle that has been left unanswered since 1911. But
rarely can an unanswered riddle have had so many answers offered,
even though few have been accepted; indeed, when Viscount Cave was
invited in the mid-1920s to lead a Cabinet committee on Lords
reform, he complained of finding 'the ground covered by an
embarrassing mass of proposals'.That embarrassing mass increased
throughout the twentieth century. Much ink has been spilled on what
should be done with the upper House of Parliament; much less ink
has been expended on why reform has been so difficult to achieve.
This book analyses in detail the principal attempts to reform the
House of Lords. Starting with the Parliament Act of 1911 the book
examines the century of non-reform that followed, drawing upon
substantial archival sources, many of which have been
under-utilised until now. These sources challenge many of the
existing understandings of the history of House of Lords reform and
the reasons for success or failure of reform attempts. The book
begins by arguing against the popular idea that the 1911 Act was
intended by its supporters to be a temporary measure. 'No one -
peers included - should be allowed to pronounce about the future of
the House of Lords without reading Chris Ballinger's authoritative,
shrewd and readable account about reform attempts over the past
century. He punctures several widely-held myths and claims in the
current debate.' Rt Hon Peter Riddell CBE Director, Institute for
Government and former Hansard Society chair 'This is at once an
impeccably researched academic study, and a thoroughly readable
account loaded with lessons for today's would-be Lords reformers.'
Lord (David) Lipsey
Title 34 presents regulations governing education related
activities and programs. General provisions, civil rights,
elementary and secondary education, special education and
rehabilitative services, vocational and adult education, bilingual
education and minority languages affairs, postsecondary education,
educational research and improvement, literacy, and disability are
addressed in separate chapters. Additions and revisions to this
section of the code are posted annually by July. Publication
follows within six months.
By reminding readers that early Supreme Court justices refused to
reduce the Constitution to a mere legal document, Approaching the
U.S. Constitution provides a definitive response to Reading Law by
Antonin Scalia and Bryan Garner. Turning to the vision of Alexander
Hamilton found in Federalists No. 78, Hunter argues that rather
than seeing the judiciary as America's legal guardian, Hamilton
looked to independent individuals of integrity on the judiciary to
be the nation's collective conscience. For Hamilton, the
judiciary's authority over the legislature does not derive from
positive law but is extra-legal by 'design' and is purely moral. By
emphasizing the legal expertise of judges alone, individuals such
as Justice Scalia mistakenly demand that judges exercise no human
ethical judgment whatsoever. Yet the more this happens, the more
the "rule of law" is replaced by the rule of lawyers. Legal
sophistry becomes the primary currency wherewith society's ethical
and moral questions are resolved. Moreover, the alleged neutrality
of legal analysis is deceptive with its claims of judicial modesty.
It is not only undemocratic, it is dictatorial and highly elitist.
Public debate over questions of fairness is replaced by an
exclusive legalistic debate between lawyers over what is legal. The
more Scalia and Garner realize their agenda, the more all appeals
to what is moral will be effectively removed from political debate.
'Conservatives' lament the 'removing God from the classroom,' by
'liberals,' yet if the advocates of legalism get their way, God
will be effectively removed from the polis altogether. The answer
to preserving both separation of powers and the American commitment
to unalienable human rights is to view the Supreme Court in the
same way early founders such as Hamilton did and in the way
President Abraham Lincoln urged. The Court's most important
function in exercising the power of judicial review is to serve as
the nation's conscience just as it did in Brown v. Board of
Education.
This open access book explains why a democratic reckoning will
start when European societies win the fight against COVID-19. Have
democracies successfully mastered the challenges of the pandemic?
How has the coronavirus impacted democratic principles, processes
and values? At the heels of the worst public health crisis in
living memory, this book shines an unforgiving light on the
side-lining of parliaments, the ruling by governmental decrees and
the disenfranchisement of the people in the name of fighting
COVID-19. Pandemocracy in Europe situates the dramatic impact of
COVID-19, and the fight against the virus, on Europe's democracies.
Throughout its 17 contributions the book sets the theoretical stage
and answers the democratic questions engaged by health emergencies.
Seven national case studies - UK, Germany, Italy, Sweden, Hungary,
Switzerland, and France - show, each time with a pronounced focus
on a particular element of democracy, how different states reacted
to the pandemic. The book also shifts the analytical gaze beyond
the nation state towards international settings, looking at the
effects on the European Union and considering the impact on
populist movements. Bridging disciplines and uniting a stellar cast
of scholars on democracy, rule of law and constitutionalism, the
book provides contours and nuances to a year of debates in
political science, international relations and law on the impact of
the virus on democracies. In times of uncertainty, Pandemocracy in
Europe provides analysis and answers to the democratic challenges
of the coronavirus. The ebook editions of this book are available
under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.
." . . the real source of his Cooley's] fame. This book originated
from the need of introducing a course on Constitutional Law in the
school. . . . The text was developed as a basis for lectures. . . .
His discussion attained immediate fame and his views and
suggestions practically dominated American Constitutional Law. . .
. Like Blackstone, Pomeroy and many other legal works, the
influence of Constitutional Limitations rests partly upon literary
qualities, upon clarity and grace of unaffected statement." --James
G. Rogers, American Bar Leaders 70."The most influential work ever
published on American Constitutional law." --Edward S. Corwin,
Constitutional Revolution 87.Thomas McIntyre Cooley 1824-1898] was
a justice of the Michigan Supreme Court and was appointed by
President Grover Cleveland to serve on the Interstate Commerce
Commission. He was a visiting professor at Johns Hopkins University
and dean of the University of Michigan Law School. First issued in
1870, his edition of Blackstone, popularly known as "Cooley's
Blackstone," was the standard American edition of the late
nineteenth century. Some of his other influential publications are
A Treatise on the Law of Taxation (1876) and A Treatise on the Law
of Torts or the Wrongs Which Arise Independently of Contract
(1878). Thomas M. Cooley Law School in Lansing, Michigan, founded
in 1972, was named in his honor.
Intellectual property law is built on constitutional foundations
and is underpinned by the twin freedoms of freedom of expression
and freedom of economic enterprise. In this thoughtful evaluation,
Gustavo Ghidini offers up a reconstruction of the core features of
each intellectual property paradigm, including patents, copyright,
and trademarks, suggesting measures for reform to allow
intellectual property to become socially beneficial for all.
Rethinking Intellectual Property is a deeply reflective
conceptualisation of the modern principles of intellectual property
law at both a national and an international level. The first
chapter investigates conflicts of interests relating to
intellectual property and guiding principles for their resolution
within its constitutional framework. Ghidini then moves on to
examine the reshaping of patent protection, and the way that the
exercise of patent rights goes hand-in-hand with the competitive
dynamics of technological innovation. In chapter 3, he analyses the
copyright paradigm from an industrial perspective, focusing
particular attention to the online distribution of material.
Chapter 4 moves on to examine trademark protection, and the
protection of entrepreneurial identity and brand value. Finally, he
addresses the complex intersection between intellectual property
law and competition law. This book will be invaluable reading for
anyone interested in the conceptual foundations of intellectual
property law, and challenges the reader to re-examine their
understanding of the field.
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