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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.
Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation. This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.
Ten years after the Freedom of Information Act 2000 came into force in the UK, the implementation and case law related to the Act remains contentious. This new edition of the standard practitioners' text provides a complete, authoritative, and accessible guide to this challenging and rapidly evolving area of law. The core of the book is a full and lucid exploration of the statutory scheme: the Act itself, as well as the Environmental Regulations 2004 and the Data Protections Act 1998. It provides historical perspectives, aids to construction, and in-depth analysis of all provisions, with discussion expanded to include the problems exposed by the mass of information about individuals now available on the internet, and the best way to protect citizens from those who commit crimes and torts online. Further chapters address how the Act relates to other legal issues, including human rights, confidentiality, data protection, and official secrets. Finally, it offers an account of the different ways the disclosure of information is treated in the European Union and the devolved parts of the UK, and a comparative survey of information rights in other parts of the world.
This popular casebook examines the First Amendment using expertly-edited cases, summaries of the law, analysis of the structure of policy arguments, and problems for class discussion. The new edition features updated coverage of strict scrutiny, content-neutral restrictions, the government as subsidizer, the no endorsement principle, the no coercion principle, and religious exemptions.
U.S. agencies have sought to address causes of unaccompanied alien child (UAC) migration through recent programs, such as information campaigns to deter migration, developed in response to the migration increase and other long-standing efforts. The recent migration increase was likely triggered, according to U.S. officials, by several emergent factors such as the increased presence and sophistication of human smugglers (known as coyotes) and confusion over U.S. immigration policy. Officials also noted that certain persistent conditions such as violence and poverty have worsened in certain countries. In addition to long-standing efforts, such as U.S. Agency for International Development (USAID) antipoverty programs, agencies have taken new actions. For example, Department of Homeland Security (DHS)-led investigative units have increasingly sought to disrupt human smuggling operations. This book reviews U.S. assistance in El Salvador, Guatemala, and Honduras addressing agency-identified causes of UAC migration; how agencies have determined where to locate these assistance efforts; and the extent to which agencies have developed processes to assess the effectiveness of programs seeking to address UAC migration.
Privacy and Data Protection Law introduces a dynamic and rapidly growing field of law that is also fun to teach. Beyond traditional topics like torts or the Fourth Amendment, its coverage extends to statutory and regulatory regimes such as FTC enforcement, medical privacy, and the Patriot Act. It devotes significant attention to global privacy law and to data security. By mixing conventional case excerpts with regulatory materials, case studies, and hypothetical problems, Privacy and Data Protection Law prepares students for the real-world legal challenges of managing personal information in any type of organization - an increasing need of every client.
Since the US Constitution came into force in 1789, it has been amended just twenty-seven times, with ten of those amendments coming in the first two years following ratification. By contrast, state constitutions have been completely rewritten on a regular basis, and the current documents have been amended on average 150 times. This is because federal amendments are difficult, so politicians rarely focus on enacting them. Rather, they work to secure favorable congressional statutes or Supreme Court decisions. By contrast, the relative ease of state amendment processes makes them a realistic and regular vehicle for seeking change. With State Constitutional Politics, John Dinan looks at the various occasions in American history when state constitutional amendments have served as instruments of governance. Among other things, amendments have constrained state officials in the way they levy taxes and spend money; enacted policies unattainable through legislation on issues ranging from minimum wage to the regulation of marijuana; and updated understandings of rights, including religious liberty, equal protection, and the right to bear arms. In addition to comprehensively chronicling the ways amendments shape politics in the states, Dinan also assesses the consequences of undertaking changes in governance through amendments rather than legislation or litigation. For various reasons, including the greater stability and legitimacy of changes achieved through the amendment process, he argues that it might be a more desirable way of achieving change.
Children who live and work on the streets or work in commercial situations at a young age, are subjected to gross injustice and are frequently neglected by national law --- despite the fact that almost every country has signed and ratified the UN Convention on the Rights of the Child.This is a one-stop guide both for experienced advocates and for non-specialists in the field. It explains how to use regional and international treaties and mechanisms for the protection and defense of street and working children when national law fails. The last fifty years have seen the emergence of a range of human rights treaties together with permanent monitoring systems established by the UN. While these are imperfect tools, they can be very useful in supporting national campaigns, and creating pressure for legislative reform or an end to particular violations.This manual, which presents information in an accessible question-and-answer format, is divided into three sections for ease of reference: the first section defines substantive rights --- survival, fair treatment, and empowerment; the second section provides practical guidelines on how to use regional and international human rights systems such as the Inter-American Commission on Human Rights, or the UN Committee on Torture; the last section contains a comprehensive list of human rights documents with tables by country detailing the status and the stage in the implementation process of each of the convention in each country.
In July 2010, GAO reported on federal efforts to combat foreclosure rescue schemes -- schemes that promise but do not deliver foreclosure prevention assistance. Subsequently, the Dodd-Frank Wall Street Reform and Consumer Protection Act required GAO to study interagency efforts to crack down on these schemes. This book updates GAO's 2010 report and examines the available information about the prevalence and nature of foreclosure rescue schemes, and the status and scope of the federal government's multi-agency effort and other major initiatives to combat them. It also examines the nature and prevalence of these schemes, federal efforts co-ordinated to combat these schemes and other major efforts, and factors that may affect federal efforts' success in combating these schemes.
Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
Well-selected and authoritative, Macmillan Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in examinations.
The first systematic analysis of the obstacles to state constitutional reform.
Winner, 2016 Distinguished Contribution to Research Book Award, given by the American Sociological Association Latino/a Section The United States currently is deporting more people than ever before: 4 million people have been deported since 1997 -twice as many as all people deported prior to 1996. There is a disturbing pattern in the population deported: 97% of deportees are sent to Latin America or the Caribbean, and 88% are men, many of whom were originally detained through the U.S. criminal justice system. Weaving together hard-hitting critique and moving first-person testimonials, Deported tells the intimate stories of people caught in an immigration law enforcement dragnet that serves the aims of global capitalism. Tanya Golash-Boza uses the stories of 147 of these deportees to explore the racialized and gendered dimensions of mass deportation in the United States, showing how this crisis is embedded in economic restructuring, neoliberal reforms, and the disproportionate criminalization of black and Latino men. In the United States, outsourcing creates service sector jobs and more of a need for the unskilled jobs that attract immigrants looking for new opportunities, but it also leads to deindustrialization, decline in urban communities, and, consequently, heavy policing. Many immigrants are exposed to the same racial profiling and policing as native-born blacks and Latinos. Unlike the native-born, though, when immigrants enter the criminal justice system, deportation is often their only way out. Ultimately, Golash-Boza argues that deportation has become a state strategy of social control, both in the United States and in the many countries that receive deportees.
View the Table of Contents. Read the Preface.
aProvides a progression of well-documented, horrific stories of abuse that are experienced by both children and adults, by both individuals and who were born with a disability and by individuals who became disabled.a--Harold A. Johnson, Michigan State University
aWeber is at his best when he explains the terrible cruelty of
marginalizing and segregating children from their peers on account
aWeber lays out an understandable explanation of the remedies
that exist for people who are harassed based on disability,
including those that are available under the Americans with
Disabilities Act (ADA), the Rehabilitation Act, and the Individuals
with Disabilities Education Act (IDEA). . . . Few lawyers practice
in the area of disability law. One perhaps unintended benefit of
the book is that it may recruit trial lawyers to Weberas cause. His
passion for the subject gives life to the pages of the book and may
inspire trial lawyers to get involved in these types of cases. . .
. In the end, Weber makes it clear that practitioners can protect
the rights of children and workers with disabilities. And he
succeeds in making his main point: that children and workers ought
to be treated equally and evaluated on their merits, not their
afflictions. This book helps trial lawyers get closer to that
"Weber is addressing an important and under-examined issue in
disability law. Fighting the insidious problem of disability-based
harassment cries out for new legal approaches and Weber offers
suggestions that are at once creative and quite practical.
Importantly, he links legal approaches tonecessary changes in
societal attitudes toward people with disabilities, emphasizing the
continuing need to integrate them fully into all aspects of
society. He thoroughly marshals the relevant case law in
educational, employment and related areas, writes exceedingly
clearly, and documents his arguments impressively. He is truly the
expert on disability harassment in both educational and employment
settings, and this book allows that expertise to shine
"Weber presents a rich and detailed understanding of disability
harassment. His book is timely and important to the field, and
covers the topic thoroughly."
Building on the insights of both disability studies and civil rights scholars, Mark C. Weber frames his examination of disability harassment on the premise that disabled people are members of a minority group that must negotiate an artificial yet often damaging environment of physical and attitudinal barriers. The book considers courts' approaches to the problem of disability harassment, particularly the application of an analogy to race and sex harassment and the development of legal remedies and policy reforms under the Americans with Disabilities Act (ADA).
While litigation under the ADA has addressed discrimination in public accommodations, employment, and education, Weber points out that the law has done little to combat disability harassment. He recommends that arguments based on unused provisions of the ADA should be developed and new legal remedies advanced to address the problem. Disability Harassment also draws on case law to explore special problems ofharassment in the public schools, and closes with an appeal to judges and lawmakers for expanded legal protection against harassment.
As a leading country in global refugee resettlement, Canada operates a unique program that allows private groups and individuals to sponsor refugees. This innovative approach has received growing international attention, but there remains a need for a more expansive understanding of the sponsorship framework and its potential implications within Canada and across the world. Strangers to Neighbours explains the origins and development of refugee sponsorship, paying particular attention to the unintended consequences and ethical dilemmas it produces for refugee policy. The contributors to this collection draw upon law, social science, and philosophy to bring a more robust and objective perspective on Canada's historical experience with sponsorship into wider conversations about the refugee crisis and resettlement. Together, they present recent cases that exemplify how the model has been applied and how it functions, while also analyzing the challenges that emerge in host-sponsor relations. This volume further examines how sponsorship has been implemented differently in countries such as the United States and Australia. The first dedicated study of refugee sponsorship policy, Strangers to Neighbours assembles leading scholars from a range of disciplines to consider whether Canada's system is indeed a sustainable model for the world.
The time is ripe to revisit Canada's past and redress its historical wrongs. Yet in our urgency to imagine roads to reconciliation with Indigenous peoples, it is important to keep in sight the many other forms of diversity that Canadian federalism has historically been designed to accommodate or could also reflect more effectively. Canadian Federalism and Its Future brings together international experts to assess four fundamental institutions: bicameralism, the judiciary as arbiter of the federal deal, the electoral system and party politics, and intergovernmental relations. The contributors use comparative and critical lenses to appraise the repercussions of these four dimensions of Canadian federalism on key actors, including member states, constitutive units, internal nations, Indigenous peoples, and linguistic minorities. Pursuing the work of The Constitutions That Shaped Us (2015) and The Quebec Conference of 1864 (2018), this third volume is a testimony to Canada's successes and failures in constitutional design. Reflecting on the cultural pluralism inherent in this country, Canadian Federalism and Its Future offers thought-provoking lessons for a world in search of concrete institutional solutions, within and beyond the traditional nation-state.
A pioneering model for constructing and assessing government authority and achieving policy goals more effectively Regulation is frequently less successful than it could be, largely because the allocation of authority to regulatory institutions, and the relationships between them, are misunderstood. As a result, attempts to create new regulatory programs or mend under-performing ones are often poorly designed. Reorganizing Government explains how past approaches have failed to appreciate the full diversity of alternative approaches to organizing governmental authority. The authors illustrate the often neglected dimensional and functional aspects of inter-jurisdictional relations through in-depth explorations of several diverse case studies involving securities and banking regulation, food safety, pollution control, resource conservation, and terrorism prevention. This volume advances an analytical framework of governmental authority structured along three dimensions-centralization, overlap, and coordination. Camacho and Glicksman demonstrate how differentiating among these dimensions better illuminates the policy tradeoffs of organizational alternatives, and reduces the risk of regulatory failure. The book also explains how differentiating allocations of authority based on governmental function can lead to more effective regulation and governance. The authors illustrate the practical value of this framework for future reorganization efforts through the lens of climate change, an emerging and vital global policy challenge, and propose an "adaptive governance" infrastructure that could allow policy makers to embed the creation, evaluation, and adjustment of the organization of regulatory institutions into the democratic process itself.
View the Table of Contents. Read the Introduction.
aZietlowas work turns scholarship in this area on its head. This
provocative book will prove of interest to a very wide
"Zietlow performs a valuable service in probing the belief that
courts are, by historical tradition, and institutional design,
better protectors of minority rights than a legislative body such
In Enforcing Equality, Rebecca E. Zietlow assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, provocatively challenging conventional wisdom that courts, not legislatures, are best suited for this role.
Specifically focusing on what she calls "rights of belonging"--a set of positive entitlements that are necessary to ensure inclusion, participation, and equal membership in diverse communities--Zietlow examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s. She reveals that in these key periods when rights of belonging were contested and defined, Congress has played the role of protector of rights at least as often as the Supreme Court has adopted this role. Enforcing Equality also engages in a sophisticated theoretical analysis of Congress as a protector of rights, comparing the institutional strengths and weaknesses of Congress and the courts as protectors of the rights of belonging.
With the recent new appointments to the Supreme Court and Congressional elections in November 2006, this timely book argues that individual rights are best enforced by the political process because they expressthe values of our national community, and as such, litigation is no substitute for collective political action.
View the Table of Contents. Read the Preface.
"An exciting and original work of historya].[A] bracing
contribution to the somewhat dormant field of constitutional
historya].that will be of interest to any historian of the
Constitution. The book's main accomplishment is that it combines
contemporary and historical arguments without slighting either,
while providing important new evidence and insight into
aInsightful in its approach to the Fourth Amendment, not only in
terms of the law itself, but what is searched and seized, who
particularly is subject to search and seizure, and what abuses led
to broadening, thus capturing the full rich detail of the Fourth
Amendmenta].Taslitz shows us in thorough fashion that we would be
wise to learn from the past as we address the problems facing our
"Reconstructing the Fourth Amendment is a remarkable scholarly
accomplishment. It presents one of the most radical challenges to
standard constitutional thinking--not just about searches and
seizures but also about the interpretation of the Fourteenth
Amendment as a protection of individual rights--in recent
literature. Andrew Taslitz stakes out a radical and compelling
position on a pressing contemporary issue--the protection of
individual privacy against government invasion--and does so on
impeccably researched and intellectually conservative grounds. It
is a must read."
"Taslitz's analysis provides a unique vision of the Fourth
Amendment's purpose: to tame political violence from
governmentalofficials, while forcing officials to treat each
individual with respect and dignity. Taslitz's research on the
search and seizure practices of Southern states during
Reconstruction is illuminating and strengthens his thesis that
respect for the individual lies at the core of the Fourth
"Fourth Amendment scholarship has hitherto emphasized the
amendment's background and gestation, i.e., the period before its
inception in 1789. Taslitz, however, has removed a critical gap in
that scholarship by illuminating the amendment's development after
1789, through the ante-bellum and Reconstruction periods, until
1868. Taslitz breaks new ground by exploring the Fourth Amendment's
connections with political violence and slavery. He introduces
readers to the interpretative diversity of and among scholars who
debate the amendment's original and current contents."
The modern law of search and seizure permits warrantless searches that ruin the citizenry's trust in law enforcement, harms minorities, and embraces an individualistic notion of the rights that it protects, ignoring essential roles that properly-conceived protections of privacy, mobility, and property play in uniting Americans. Many believe the Fourth Amendment is a poor bulwark against state tyrannies, particularly during the War on Terror.
Historical amnesia has obscured the Fourth Amendment's positive aspects, and Andrew E. Taslitz rescues its forgotten history in Reconstructing the Fourth Amendment, which includes two novel arguments. First, that theoriginal Fourth Amendment of 1791--born in political struggle between the English and the colonists--served important political functions, particularly in regulating expressive political violence. Second, that the Amendment's meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery, and its focus shifted from primary emphasis on individualistic privacy notions as central to a white democratic polis to enhanced protections for group privacy, individual mobility, and property in a multi-racial republic.
With an understanding of the historical roots of the Fourth Amendment, suggests Taslitz, we can upend negative assumptions of modern search and seizure law, and create new institutional approaches that give political voice to citizens and safeguard against unnecessary humiliation and dehumanization at the hands of the police.
The period 1995 to 2004 was the UN's International Decade of World Indigenous Peoples. This reflected the increasing organization of indigenous peoples around a commonality of concerns, needs and ambitions. In both New Zealand and Canada, these politics challenge the colonial structures that social and political systems are built upon. Both countries have accomplished much in their management of indigenous issues. New Zealand has begun to right historical wrongs through treaty settlements and to implement bicultural strategies. Canada is experimenting with self-government for aboriginal peoples. Yet there are still many issues to be addressed, with recent statistics showing indigenous peoples in both these countries struggling to balance functioning in everyday life with preserving their cultures. By focusing on the present within the context of the past and future, The Politics of Indigeneity casts light on the constitutional politics in both countries that are redefining the relation
How does the U.S. Supreme Court shape constitutional and political development? In The Collision of Political and Legal Time, Kimberley Fletcher answers this question by analyzing the key role the Court has played in interpreting presidential decision-making in the area of foreign affairs since 1936. She reconsiders the Curtiss-WrightCourt, which instituted a new constitutional order that established plenary powers independent of congressional delegation. Fletcher also reexamines Japanese internment and detainee cases, demonstrating the entrenchment of the new constitutional order and how presidential ascendency becomes institutionalized. Other cases, such as Youngstown, illustrate how the Court, during a time of war, will check Executive power and authority. The Collision of Political and Legal Time examines these cases and controversies in foreign policymaking through the twentieth and into the twenty-first centuries to show that the Court is not passive or constrained; it does not merely follow politics or the majority coalition. Through her nuanced analysis, Fletcher makes a larger argument about the role of the U.S. Supreme Court as an agent of change, which ultimately transforms power, shapes politics, and redirects history.
Constitutional political economy has emerged as an indispensable part of political economy. This book offers a concise survey of the questions, methods, and empirical findings central to this topic. What effects - if any - do constitutions have within autocracies? Can small electoral districts help reduce corruption? Does a country's leadership affect the size of its government? Can direct democratic institutions increase politicians' accountability to citizens? Stefan Voigt, a pioneer in the field, explores these questions and more throughout the course of this cutting-edge primer. As the number of courses in constitutional economics continues to grow, this book fills an important gap in the literature. This highly original project maintains curiosity about the questions it generates, identifying potential new areas of research whilst successfully demonstrating the impact constitutional rules have on political economy.
By exploring different approaches to the study of labour law, this book re-evaluates how it is conceived, analysed, and criticized in current legislation and policy. In particular, it assesses whether so-called 'old ways' of thinking about the subject, such as the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s, are in fact outdated. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. Dukes argues that the labour constitution can provide an 'enduring idea of labour law', and an alternative to modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. Unlike the 'law of the labour market', the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It constructs a framework for analysing labour laws, labour markets, and institutions, to allow scholars to critique the current policy climate and, in light of the ongoing expansion of the global labour market, assess the impact of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making on workers' rights.
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