Your cart is empty
The public, journalists, and legislators themselves have often lamented a decline in congressional lawmaking in recent years, often blaming party politics for the lack of legislative output. In Committees and the Decline of Lawmaking in Congress, Dr. Lewallen examines the decline in lawmaking from a new, committee-centered perspective. Dr. Lewallen tests his theory against other explanations such as partisanship and an increased demand for oversight with multiple empirical tests and traces shifts in policy activity by policy area using the Policy Agendas Project coding scheme. He finds that because party leaders have more control over the legislative agenda, committees have spent more of their time conducting oversight instead. Partisanship alone does not explain this trend; changes in institutional rules and practices that empowered party leaders have created more uncertainty for committees and contributed to a shift in their policy activities. The shift towards oversight at the committee level combined with party leader control over the voting agenda means that many members of Congress are effectively cut out of many of the institution's policy decisions. This book comes at a time when many including Congress itself are considering changes to modernize the institution and keep up with a stronger executive branch. The book's findings suggest that strengthening Congress will require more than finding different candidates or providing additional resources.
This book deals with human rights action planning, as a largely under-researched area, from theoretical, doctrinal, empirical, and practical perspectives, and as such, provides the most comprehensive studies of human rights planning to date. At the theoretical level, by advancing a novel general theory of human rights planning, it offers an alternative to the traditional state-centric model of planning. This new theory contains four sub-theories: contextual, substantive, procedural, and analytical ones. At the doctrinal level, by conducting a textual analysis of core human rights conventions, it reveals the scope and nature of the states' obligation to adopt a plan of action for implementing human rights. At the empirical level, a cross-case analysis of national human rights action plans of 53 countries is conducted exploring the major problems of these plans in different phases of planning and uncovering the underlying causes of these problems. At the practical level, this volume sets out how these plans should be developed and implemented, how they can be best monitored by international human rights bodies, and how to maximize their effectiveness. With discussions bridging human rights theory and practice and development discourse, this book will be a useful resource for a wide range of audiences, from academics of different disciplines (law, human rights, social policy, political science, political philosophy, legal philosophy, development studies, planning studies, socio-legal studies) to governments, human rights practitioners, and the UN human rights bodies.
The Court of Justice of the European Union continues to deliver a great many important judgments which contribute to the rapid development of EU law. However, it can be difficult to understand the significance of many of these judgments unless they are accompanied by explanatory commentaries. Free Movement in the European Union - Cases, Commentaries and Questions contains over one hundred important cases on the topics of freedom of movement of goods, services, persons and capital. All these cases are accompanied by comments and questions, so the reader is encouraged to reflect in more depth about each of the judgments and their effects. These Cases, Commentaries and Questions have been compiled for use in connection with courses studying the rules of the internal market, but they are recommended reading for all those who are interested in obtaining a more in-formed insight into the Court's practice in relation to the four fundamental freedoms of the Treaty on the Functioning of the European Union.
By analysing original sources and evaluating conceptual frameworks, Nicholas Aroney discusses the idea proclaimed in the Preamble to the Constitution that Australia is a federal commonwealth. Taking careful account of the influence which the American, Canadian and Swiss Constitutions had upon the framers of the Australian Constitution, the author shows how the framers wrestled with the problem of integrating federal ideas with inherited British traditions and their own experiences of parliamentary government. In so doing, the book explains how the Constitution came into being in the context of the groundswell of federal ideas then sweeping the English-speaking world. In advancing an original argument about the relationship between the formation of the Constitution, the representative institutions, configurations of power and amending formulas contained therein, fresh light is shed on the terms and structure of the Constitution and a range of problems associated with its interpretation and practical operation are addressed.
Constitutional Law, Administrative Law, and Human Rights provides an introduction to public law which draws on developments in politics, the law and society to help the reader gain a fundamental appreciation of the law in its wider context. In addition, it explores the latest ongoing debates around potential constitutional reforms and the author's stimulating style encourages critical analysis. Online resources This book is accompanied by the following online resources: - a fully-integrated online casebook, with edited versions of leading cases and relevant legislation - a selection of mind-maps to help with revision - bonus chapters on the history of the EU - suggested tutorial outlines for lecturers
In Legal Reasoning and Political Conflict, Cass R. Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Professor Sunstein closely analyzes the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. He states that judges purposely limit the scope of their decisions to avoid reopening large-scale controversies, calling such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning, he takes issue with advocates of comprehensive theories and systemization, from Robert Bork to Jeremy Bentham, and Ronald Dworkin. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. Legal reasoning can seem impenetrable, mysterious, baroque. Legal Reasoning and Political Conflict helps dissolve the mystery. Whether discussing abortion, homosexuality, or free speech, the meaning of the Constitution, or the spell cast by the Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: to the legislatures elected by the people. In this Second Edition, the author updates the previous edition bringing the book into the current mainstream of twenty-first century legal reasoning and judicial decision-making focusing on the many relevant contemporary issues and developments that occurred since its initial 1996 publication.
Citizenship as Foundation of Rights explores the nature and meaning of American citizenship and the rights flowing from citizenship in the context of current debates around politics, including immigration. The book explains the sources of citizenship rights in the Constitution and focuses on three key citizenship rights - the right to vote, the right to employment, and the right to travel in the US. It explains why those rights are fundamental and how national identification systems and ID requirements to vote, work and travel undermine the fundamental citizen rights. Richard Sobel analyzes how protecting citizens' rights preserves them for future generations of citizens and aspiring citizens here. No other book offers such a clarification of fundamental citizen rights and explains how ID schemes contradict and undermine the constitutional rights of American citizenship.
In Justice in the EU: The Emergence of Transnational Solidarity, Floris de Witte argues that European Union law can be understood as an instrument for the elaboration of what justice is, means, and requires on the level beyond the nation state. Approaching the question of justice from the European perspective, however, challenges us to think beyond the contractarian idea that equates justice with national political self-determination. A proper model of justice demands a tiered institutional and normative understanding of justice, involving both the nation state and the EU, which can make sense of the new ties between individual citizens that the process of European integration continues to generate. It also requires that we construct a theory of transnational solidarity that can explain what those new ties tell us about our transnational obligations of justice. This book tackles three issues in turn. It explains which precise institutional and normative structures are indispensable in the pursuit of justice; how the European Union can be understood to increase our capacity for the attainment of justice; and formulates a theory of transnational solidarity that informs the interaction between national and European spheres. Three different types of transnational solidarity are identified and carefully traced throughout the case law of the Court of Justice: market solidarity, communitarian solidarity, and aspirational solidarity. Read together, these three transnational solidarities tell us exactly what justice means in the EU.
This volume presents a comprehensive, unbiased, and easily accessible review of U.S. immigration reform, and explains why reform efforts have resulted in the current state of political deadlock over the issue in the United States Congress. Comprising seven chapters, Immigration Reform: A Reference Handbook surveys the complex topic for high school, undergraduate, and general readers. Chapter 1 gives the historical background to current immigration reform efforts, concentrating on the period from 1965 to date. Chapter 2 discusses problems and controversies, and the proposed solutions to them. Chapter 3 consists of eight original essays contributed by other scholars, complementing the perspective and expertise of the author. Chapter 4 profiles major organizations and people who, as stakeholders in the politics of immigration reform, drive the agenda on the issue. Chapter 5 presents data and documents on the topic, giving readers the ability to analyze the facts. Chapter 6 provides additional resources that the reader may wish to consult, such as books, journal articles, and films. Chapter 7 provides a detailed chronology of important events from 1965 to 2017 that propel the politics and establish the policy of U.S. immigration reform. The book closes with a useful glossary of key terms used throughout the book and a comprehensive subject index. Provides readers with a succinct and unbiased examination of the political complexities involved in attempts to reform legal and unauthorized immigration to the United States Enables readers to understand why immigration reform so often ends in stalemate and why comprehensive immigration reform is so difficult to achieve Demonstrates why every major immigration reform law has unanticipated consequences that may resolve one set of problems only to engender a new set of problems Shows the adverse economic impact of efforts to tighten control procedures for the issuing of visas to the United States
The US Supreme Court is arguably the most controversial institution in the American political system. Decisions on such 'hot-button' issues as abortion, race equality, the death penalty and gay marriage have sharply divided the Court, politicians and public opinion. Some say that the Justices are merely politicians in judicial robes, while others insist that the Court simply does its best to interpret the Constitution for a society that differs drastically from the late eighteenth century when it was written. All those studying or simply interested in American politics must therefore get to grips with the nature, power and role of the Supreme Court in American politics. This book provides a comprehensive and balanced account, written and organised in an accessible style. It assumes no prior knowledge of the Court or constitutional law, and will help readers to gain a full appreciation of this much-criticised and important institution. -- .
The Draft European Constitution was arguably both an attempt to constitutionalise the Union, re-framing that project in the language of the state, and an attempt to stretch the boundaries of constitutionalism itself, re-imagining that concept to accommodate the sui generis European Union. The (partial) failure of this project is the subject of this collection of essays. The collection brings together leading EU constitutional scholars to consider, with the benefit of hindsight, the purportedly constitutional character of the proposed Constitutional Treaty, the reasons for its rejection by voters in France and the Netherlands, the ongoing implications of this episode for the European project, and the lessons it teaches us about what constitutionalism really means.
The tenth edition of the Immigration Law Handbook continues to bring together all the key materials relevant to Immigration and Asylum Law in one, essential reference tool for those practicing in the field. For practitioners undertaking The Law Society's Immigration and Asylum Accreditation Scheme, this is the only text allowed within the open-book exam. This new edition includes the text of the Immigration Act 2016, which will make substantial changes to existing legislation. Other new texts provided includes a series of changes to the Immigration Rules made in 2016, such as the Immigration Act May 2016 that introduced new guidelines and sanctions on illegal workers and illegal migrants. Further additions to the Handbook provide coverage of the updated 2013 Practice Statement on Immigration Judicial Reviews of the Upper Tribunal, the Modern Slavery Act 2015, and the Transfer for Determination of an Application for International Protection Regulations 2017. This coverage of recent new legislation sits alongside existing important legislation to maintain the strengths of the handbook as a reference tool whilst providing the reader with up-to-date access to all new developments in a single volume. Useful links to online materials are provided to guide readers towards supplementary information. The Immigration Law Handbook has established itself as the gold standard in the field and has become an invaluable resource for immigration practitioners including Asylum and Immigration Tribunal judges and barristers, and solicitors and caseworkers working in immigration, asylum, and human rights law.
With carefully structured method targets, this book introduces only the most important Russian vocabulary and grammar and gets you speaking straight away. The learning programme aims to take only 45 minutes a day for six weeks and has fewer than 500 words to be learnt. The grammar has been pared down to the bare bones and is explained in simple English so you will not get bogged down by unnecessarily complicated structures that will not need.
In recent decades, the liability of public authorities has been one of the main areas of development in tort law in Europe, with major reforms implemented or considered at a national level and a steady stream of major court decisions. During the same period, 'Member State liability' has also been recognized in the law of the EU, and the interplay of principles of national and EU law - and additionally, the 'just satisfaction' jurisprudence of the European Court of Human Rights-warrants close attention. In this context, the present study contributes to the understanding of the law of extra-contractual liability as it applies to public authorities in the legal systems of Europe (and selected non-European jurisdictions), to facilitate its enhancement where necessary or desirable, and to consider the possibilities for harmonization in the area-specifically, through the extension and adaptation of the Principles of European Tort Law to cover public authority liability. (Series: Principles of European Tort Law, Vol. 1) [Subject: European Law, Comparative Law, Tort Law]
Political institutions are the main subject of political theory-or they ought to be. Jeremy Waldron argues for reorienting the theory of politics toward the institutions of modern democracy and the mechanisms through which democratic ideals are achieved. Too many political theorists are preoccupied with the nature of justice, liberty, and equality, at the cost of ignoring the governmental institutions needed to achieve them. By contrast, political scientists have kept institutions in view but deploy a meager set of value-conceptions in analyzing them. Waldron considers the uses and abuses of an array of institutions and traditions, from separation of powers and bicameralism to judicial review of legislation, the principle of loyal opposition, the nature of representation, accountability, and the rule of law. He provides a critical perspective on the role of courts in a constitutional democracy and offers an illuminating critique of the contrasting views of Hannah Arendt and Isaiah Berlin. Even if political theorists remain fixated on expounding the philosophical foundations of democracy, Waldron argues, a firmer grasp of the means through which democracy is realized is also needed. This is what political political theory means: theory addressing the way institutions orchestrate resolutions to disputes over social ideals.
This volume critically evaluates the latest legal reform of China, covering major areas such as trade and securities law, online privacy law, criminal law, human rights and international law. It represents a bold departure from the most recent works on Chinese legal reform by engaging the ideas of experts in contemporary Chinese law with the archival scholarship of Chinese legal historians. This unique interdisciplinary feature affords readers a more nuanced view of the complexities and specificities of how China has problematised legal reforms in various historical contexts when building a progressive yet sustainable legal system. This volume appraises the most current reform in Chinese law by considering China's engagement with globalisation, increasingly complicated domestic situation and historical legal transplantation experiences. It will be of huge interest to students, researchers and practitioners interested in Chinese law and policy, China and Asian studies and Chinese legal history.
What does the 'internal market' mean? The EU is committed to the construction of an internal market, and in this analysis Stephen Weatherill explains that the EU's internal market is an ambiguous legal concept. One may readily suppose that the United Kingdom possesses an internal market. So does Germany, so does France, so does Australia, and Canada, and the United States of America. The European Union aspires to an internal market, but the detailed patterns governing these several internal markets are not uniform; in fact they vary according to the extent to which the constituent units are permitted to pursue different regulatory policies. They vary according to the scope of law-making competence and powers allocated to the central authority. They vary according to the governing institutional (judicial and political) arrangements. The quality and intensity of the regulated environment varies according to the choices made. There is a broad band of possible internal markets, ranging from one that is radically decentralized as a result of a choice in favour of unrestricted inter-jurisdictional competition to, at the other extreme, one that is radically centralized in the sense that law-making competence has been completely stripped away from the constituent units in favour of the central authority. Within that spectrum there is a huge range of options. In this inquiry into the limits and ambiguities of the internal market as a legal concept, Weatherill examines and explains the choices made by the EU and demonstrates what they entail for the shape of the EU's internal market. This book is not about 'Brexit', but it shows that one of the claims commonly made by Brexiteers - that the internal market can be confined merely to a deregulatory exercise in free market economics - has no support whatsoever in either EU constitutional law or in EU legislative and judicial practice.
When Europeans first arrived at what is now California's San Joaquin Valley, they found a vast landscape of wetlands, small ponds, riparian forests, and grasslands surrounding three large swampland lakes. What greets a visitor to the region today is a dramatically different view of mile after mile of row crops, vineyards, orchards, and grazing acreage - some of the most fertile and productive agricultural land in the world. This remarkable transformation, with its enduring consequences, is at the center of Ruling the Waters, a legal, social, and environmental history of how western water law shaped, and was shaped by, the subjugation of the largest freshwater wetlands wildlife habitat in the West. At the heart of efforts to wrest arable land from the region was the Kern River, which rises in the Sierra Nevada and carries snowmelt to what was once a great network of lakes, sloughs, and marshes at the southern end of California's Central Valley. In Ruling the Waters Douglas R. Littlefield describes how, over the course of the nineteenth and early twentieth centuries, pioneers and entrepreneurs diverted water out of this network of waterways to extract gold in the mountains and irrigate farms lower down the river, and how the law was made to accommodate these practices. Struggles over the Kern River's water established one of the most important concepts in water law in some parts of the United States - that prior appropriation, dependent on the chronological order of diversions from waterways, could legally coexist with riparian rights, which restrict water usage to landownership directly next to a river or stream. Littlefield traces this concept to the 1886 California Supreme Court case of Lux v. Haggin - which pitted the giant farming and cattle company of Miller & Lux against a prominent land baron, James B. Haggin - and shows how the lawsuit profoundly shaped future waters issues, which in turn influenced water laws in other western states that were grappling with similar questions. Far from a dry legal history, Ruling the Waters tells a story with world-wide historical environmental ramifications, a tale of competing personalities and values and visions that forever changed both the economy and the ecology of the American West.
The Health Insurance Portability and Accountability Act (HIPAA) of 1996 (PL 104-191) continues to generate numerous questions. What kinds of policies does it cover? Does it help people who are currently uninsured? Does it help people with pre-existing medical conditions? How does it affect health insurance premiums? How do its requirements interact with the Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage? Answers to those questions are provided, as well as descriptions of each of the major section of HIPAA. Contents:
An authoritative guide to federal democracy from two respected experts in the field Around the world, federalism has emerged as the system of choice for nascent republics and established nations alike. In this book, leading scholars and governmental advisers Robert Inman and Daniel Rubinfeld consider the most promising forms of federal governance and the most effective path to enacting federal policies. The result is an essential guide to federalism, its principles, its applications, and its potential to enhance democratic governance. Drawing on the latest work from economics, political science, and law, Inman and Rubinfeld assess different models of federalism and their relative abilities to promote economic efficiency, encourage the participation of citizens, and protect individual liberties. Under the right conditions, the authors argue, a federal democracy-including a national legislature with locally elected representatives-can best achieve these goals. Because a stable union between the national and local governments is key, Inman and Rubinfeld also propose an innovative method for evaluating new federal laws and their possible impact on state and local governments. Finally, to show what the adoption of federalism can mean for citizens, the authors discuss the evolution of governance in the European Union and South Africa's transition from apartheid to a multiracial democracy. Interdisciplinary in approach, Democratic Federalism brims with applicable policy ideas and comparative case studies of global significance. This book is indispensable for understanding the importance of federal forms of government-both in recent history and, crucially, for future democracies.
This compact history is the first to explore two landmark U.S. Supreme Court cases of the early 1830s: "Cherokee Nation v. Georgia" and "Worcester v. Georgia." Legal historian Jill Norgren details the extraordinary story behind these cases, describing how John Ross and other leaders of the Cherokee Nation, having internalized the principles of American law, tested their sovereignty rights before Chief Justice John Marshall in the highest court of the land. The Cherokees' goal was to solidify these rights and to challenge the aggressive actions that the government and people of Georgia carried out against them under the aegis of law. Written in a style accessible both to students and to general readers, "The Cherokee Cases" is an ideal guide to understanding the political development of the Cherokee Nation in the early nineteenth century and the tragic outcome of these cases so critical to the establishment of U.S. federal Indian law.
The eighth edition of this pioneering casebook continues its tradition of comprehensive coverage, with problems and exercises that allow students to hone skills as counselors, as litigators, and as policy advisors. At the same time, the casebook helps students understand how immigration and citizenship law illuminates essential aspects of constitutional and administrative law and plays a key role in current political debates. This new edition is leaner, with significant reworking, thinning, and updating of core chapters on admissions categories, admission procedures, and removability. It also reflects the latest developments in federal enforcement, as well as state and local measures for both immigration enforcement and the integration of unauthorized migrants. The casebook incorporates important recent doctrinal changes, while trimming overall length.
This book brings together research on democratization processes and constitutional justice by examining the role of three generations of European constitutional courts in the transitions to democracy that took place in Europe in the twentieth century. Using a comparative perspective, the author examines how the constitutional courts during that period managed to ensure an initial full implementation of the constitutional provisions, thus contributing - together with other actors and factors - to the positive outcome of the democratization processes. European Constitutional Courts and Transitions to Democracy provides a better understanding of the relationship between transitions to democracy and constitutionalism from the perspective of constitutional courts.
You may like...
The Bill Of Rights Handbook
I Currie, J.De Waal Paperback (8)
Scott on cession: A treatise on the law…
Susan Scott Paperback
Administrative Justice in South Africa…
Geo Quinot Paperback
2019 Cumulative Supplement to North…
Jessica Smith, James M. Markham Paperback R1,288 Discovery Miles 12 880
North Carolina Sentencing Handbook with…
James M. Markham, Shea Riggsbee Denning Paperback R841 Discovery Miles 8 410
Administrative law in South Africa
Cora Hoexter Paperback
The journey to transform local…
Tinasha C. Chigwata, Jaap De Visser, … Paperback
A Case for the American People - The…
Norman Eisen Hardcover
Government Contracts Reference Book
Ralph C Nash Jr, Nash Jr Ralph C, … Paperback
A Comprehensive Guide to the Fair Labor…
Diane M. Juffras Paperback R882 Discovery Miles 8 820