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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
Vernon Bogdanor once told The Guardian that he made 'a living of
something that doesn't exist'. He also quipped that the British
Constitution can be summed up in eight words: 'Whatever the Queen
in Parliament decides is law.' That may still be the case, yet in
many ways the once elusive British Constitution has now become much
more grounded, much more tangible and much more based on written
sources than was previously the case. It now exists in a way in
which it previously did not. However, though the changes may seem
revolutionary, much of the underlying structure remains unchanged;
there are limits to the changes. Where does all this leave the
Constitution? Here constitutional experts, political scientists and
legal practitioners present up-to-date and in-depth commentaries on
their respective areas of expertise. While also a Festschrift in
honour of Vernon Bogdanor, this book is above all a comprehensive
compendium on the present state of the British Constitution. 'The
new constitutional politics has spawned a new constitutional
scholarship. This stimulating collection, skilfully put together by
Matt Qvortrup, works both as a welcome snapshot of where we are now
and as an expert audit, from specialists in law, history and
political science, of the deeper issues and of the complex dynamics
of continuity and change in the ongoing refashioning of Britain's
constitutional architecture.' Kevin Theakston, Professor of British
Government, University of Leeds 'The highly distinguished team of
scholars assembled by Matt Qvortrup has produced a deeply
thought-provoking collection on the profound constitutional changes
that have occurred in the UK over the last twenty years. A book
worthy of reaching a very wide readership.' Roger Scully, Professor
of Political Science, Cardiff University 'Vernon Bogdanor
understands like few others the connections between history,
politics and institutions - and that is what makes him such an
authority on the British system of government.' The Rt Hon David
Cameron MP, Prime Minister 'I think Vernon's guiding principle at
Brasenose was to treat all his students as if they might one day be
Prime Minister. At the time, I thought this was a bit over the top,
but then a boy studying PPE at Brasenose two years beneath me
became Prime Minister.' Toby Young, The Spectator
Canada a Nation in Motion is a bold look at issues facing Canada
today from the perspective of a Canadian who truly understands the
issues. In his special blend of analysis, humor and wit, Samy
Appadurai offers up an intelligent discussion of issues ranging
from the history of immigration in Canada, the G20 Summit and the
Vancouver Olympics to the position of Canada on the world stage.
Along with masterful storytelling, Samy provides a detailed
analysis and commentary on each subject he covers in a way that
anyone can easily understand. The perspective that Samy Appadurai
takes is one of a well respected community leader who has dedicated
his life to not only serving his community, but also his country.
His belief in the importance of learning about the issues that face
Canada as a nation is clear. However, he is not afraid to take a
stand and provide an alternative point of view in order to spark
conversation and debate. Canada is a country that is constantly
changing from within and without but Samy Appadurai tells us
exactly what it is that keeps Canada moving.
This book emerged from an extended seminar series held in Edinburgh
Law School which sought to explore the complex constitutional
arrangements of the European legal space as an inter-connected
mosaic. There has been much recent debate concerning the
constitutional future of Europe, focusing almost exclusively upon
the EU in the context of the (failed) Constitutional Treaty of
2003-5 and the subsequent Treatyof Lisbon. The premise of the book
is that this focus, while indispensable, offers only a partial
vision of the complex constitutional terrain of contemporary
Europe. In addition, it is essential to explore other threads of
normative authority within and across states, embracing internal
challenges to state-level constitutional regimes; the growing
jurisprudential assertiveness of the Council of Europe regime
through the ECHR and various democracy-building measures; as well
as Europe's ever thicker relations, both with its border regions
and with broader international institutions, especially those of
the United Nations. Together these developments create increasingly
dense networks of constitutional authority within the European
space. This fluid and multi-dimensional dynamic is difficult to
classify, and indeed may seem in many ways impenetrable, but that
makes the explanatory challenge all the more important and
pressing. Without this fuller picture it becomes impossible to
understand the legal context of Europe today or the prospects of
ongoing changes. The book brings together a range of experts in
law, legal theory and political science from across Europe in order
to address these complex issues and to supply illustrative
case-studies in the topical areas of the constitutionalisation of
European labour law and European criminal law.
An up-to-date, all-encompassing, and nonpartisan presentation of
questions and answers about the U.S. Constitution and its
amendments-an invaluable tool for readers regardless of their
political orientation. Readers will easily grasp the foundations
and purposes of the U.S. Constitution-and the critical importance
and implications of its amendments-through a series of questions
and answers about constitutional topics. The work proceeds
logically, covering each article, section, and amendment,
explaining how each constitutional change over history affects
earlier parts of the document. Created as an approachable,
introductory book for high school and college students as well as
general readers, The United States Constitution: Questions and
Answers, Second Edition is an effective learning tool when read
from start to finish, or when used to focus on and research
specific constitutional provisions of interest. Its extensively
updated and revised coverage since the first edition includes many
key cases and serves to direct paramount attention to the
constitutional document itself. Provides thoroughly revised
information through the latest term of the U.S. Supreme Court
Presents unique insights and perspective from the author's
wide-ranging research and previous publications on the subject
Ideal for students researching specific constitutional topics or
engaged in academic competitions regarding the Constitution as well
as general readers interested in following and better understanding
contemporary political issues
Title 12 presents regulations governing banking procedures and
activities of the Comptroller of the Currency, the Federal Reserve
System, the Federal Deposit Insurance Corporation, the
Export-Import Bank, Office of Thrift Supervision, Farm Credit
Administration, and the National Credit Union Administration. It
also contains regulations pertaining to other types of banking
operations. Additions and revisions to this section of the code are
posted annually by January. Publication follows within six months.
Over the past few years, e-government has been rapidly changing the
way governmental services are provided to citizens and businesses.
These services improve business and government exchange capability,
provide a new way to discover and share information, and play a
part in the evolution of future technologies. The Handbook of
Research on Democratic Strategies and Citizen-Centered E-Government
Services seeks to address which services in e-government should be
provided to users and how. This premier reference work gives an
overview of the latest achievements in the field of e-government
services, provides in-depth analysis of and research on the
development and deployment of cutting-edge applications, and
provides insight into future trends for researchers, teachers,
students, government workers, and IT professionals.
Black Americans continue to lag behind on many measures of social
and economic well-being. Conventional wisdom holds that these
inequalities can only be eliminated by eradicating racism and
providing well-funded social programs. In Race, Wrongs, and
Remedies, Amy L. Wax applies concepts from the law of remedies to
show that the conventional wisdom is mistaken. She argues that
effectively addressing today's persistent racial disparities
requires dispelling the confusion surrounding blacks' own role in
achieving equality. The evidence overwhelmingly suggests that
discrimination against blacks has dramatically abated. The most
important factors now impeding black progress are behavioral: low
educational attainment, poor socialization and work habits, drug
use, criminality, paternal abandonment, and non-marital
childbearing. Although these maladaptive patterns are largely the
outgrowth of past discrimination and oppression, they now largely
resist correction by government programs or outside interventions.
Wax asserts that the black community must solve these problems from
within. Self-help, changed habits, and a new cultural outlook are,
in fact, the only effective tactics for eliminating the present
vestiges of our nation's racist past. Published in cooperation with
the Hoover Institution
The status of the doctrine of parliamentary sovereignty in the
contemporary UK Constitution is much contested. Changes in the
architecture of the UK Constitution, diminishing academic reverence
for the doctrine, and a more expansive vision of the judicial role,
all present challenges to the relevance, coherence and desirability
of this constitutional fundamental. At a time when the future of
the sovereignty of Parliament may look less than assured, this book
develops an account of the continuing significance of the doctrine.
It argues that a rejuvenation of the manner and form theory is
required to understand the present status of parliamentary
sovereignty. Addressing the critical challenges to the doctrine, it
contends that this conception of legally unlimited legislative
power provides the best explanation of contemporary developments in
UK constitutional practice, while also possessing a normative
appeal that has previously been unrecognised. This modern shift to
the manner and form theory is located in an account of the
democratic virtue of parliamentary sovereignty, with the book
seeking to demonstrate the potential that exists for Parliament -
through legislating about the legislative process - to revitalise
the UK's political constitution.
Legal reasoning, pronouncements of judgment, the design and
implementation of statutes, and even constitution-making and
discourse all depend on timing. This compelling study examines the
diverse interactions between law and time, and provides important
perspectives on how law's architecture can be understood through
time. The book reconsiders older work on legal transitions and
breaks new ground on timing rules, especially with respect to how
judges, legislators and regulators use time as a tool when devising
new rules. At its core, The Timing of Lawmaking goes directly to
the heart of the most basic of legal debates: when should we
respect the past, and when should we make a clean break for the
future? This unique resource draws on examples from administrative
law, banking law, budget law, constitutional law, criminal law,
environmental law, inheritance law, national security law, tax law,
and tort law, and will be of interest to academics studying law,
political science and economics, as well as to policymakers,
legislators, and judges. Contributors include: E. Alston, F. Fagan,
D.A. Farber, J.E. Gersen, T. Ginsburg, D. Kamin, S. Levmore, A.
Niblett, M.C. Nussbaum, E.A. Posner, J.M. Ramseyer, A.M. Samaha, D.
Shaviro, J. Suk
In the first interdisciplinary work focused on the European
Ombudsman, expert observers of EU institutional affairs provide a
thorough evaluation of the Ombudsman and its constitutional role,
powers, activities and future potential. The book addresses the
Ombudsman's impact on accountability in the EU's executive branch
and offers new suggestions for the further development of the
practice of 'ombuds review'. The contributions to the discussion
within this book come from law, political science, administrative
science and economics. Looking at comparative developments in EU
law and policy they critically review, from a variety of
perspectives and methodologies, the Ombudsman's role in the review
of activity of EU institutions, bodies, offices and agencies. They
then evaluate this role, and its achievements, against the original
objectives for creating an Ombudsman some 20 years ago. This timely
book will appeal to scholars and advanced students of the EU
political and legal system. It is a also must-read for policy
advisors and practitioners looking to enhance their understanding
of alternative modes of dispute settlement and anyone interested in
the future of administration in the EU. Contributors include: P.N.
Diamandouros, D. Dragos, I. Harden, H.C.H. Hofmann, R. Mastroianni,
J. Mendes, B. Neamtu, C. Neuhold, G. Tridimas, T. Tridimas, J.
Trondal, A. Wille, J. Ziller
The Lawyers' Guide to Personal Injury Law is an instructional
textbook for attorneys who want to become experts in the field of
negligence law. The book provides a comprehensive analysis of the
law in a multitude of areas within the field, including the various
types of construction accidents, motor vehicle accidents, premises
accidents, and more. The Lawyers' Guide to Personal Injury Law also
provides a detailed roadmap - from intake through trial - to
successfully litigating each of these claims and, ultimately,
maximizing monetary compensation for accident victims and their
families.
This book offers a comprehensive introduction to China's judicial
administration system. It presents in-depth analyses of the
country's current judicial administration system, as well as a new
theory on the system that is based on the realities of today's
China, and provides guidance on reform. The book examines the
system as a whole, as well as various specific aspects of judicial
administration, putting forward bold theoretical proposals for
improving China's judicial administration system and judicial
system in general.
This book of essays celebrates Mark Aronson's contribution to
administrative law. As joint author of the leading Australian text
on judicial review of administrative action, Aronson's work is
well-known to public lawyers throughout the common law world and
this is reflected in the list of contributors from the US, Canada,
Australia, New Zealand and the UK. The introduction comes from
Justice Michael Kirby of the High Court of Australia. The essays
reflect Aronson's interests in judicial review, non-judicial
grievance mechanisms, problems of proof and evidence, and the
boundaries of public and private law. Amongst the contributors,
Peter Cane, Elizabeth Fisher, and Linda Pearson write on
administrative adjudication and decision-making, Anita Stuhmcke
writes on Ombudsmen, and Robin Creyke and John McMillan, the
Commonwealth Ombudsman, write on charters, codes and 'soft law'.
There are evaluations of the profound influence of human rights law
on judicial review from the UK by Sir Jack Beatson and Thomas Poole
and from Canada by David Mullan. Matthew Groves and Chief Justice
James Spigelman address developing themes in judicial review, while
Carol Harlow, Richard Rawlings, Michael Taggart and Janet McLean
follow Aronson's interests into the private side of public law. An
American perspective is added by Alfred Aman and Jack Beermann.
Title 28 presents regulations by the Department of Justice and the
Office of Independent Counsel that govern judicial administration.
Chapters also address Federal Prison Industries and Bureau of
Prisons. Subchapters address inmate admission, classification, and
transfer; institutional management; and community programs and
release.
Magna Carta ITS ROLE IN THE MAKING OF THE ENGLISH CONSTITUTION
1300-1629 by FAITH THOMPSON Associate Professor of History
University of Minnesota THE UNIVERSITY OF MINNESOTA PRESS,
Minneapolis LONDON GEOFFREY CTTMBEKLBGB OXFORD UNIVERSITY PRESS
Copyright 1948 by the UNIVERSITY OF MINNESOTA All rights reserved.
No part of this book may be reproduced in any form without the
written permission of the publisher. Permission is hereby granted
to review ers to quote brief passages in a review to be printed in
a magazine or newspaper. Second Printing 1950 Old London Bridge
From Gordon Homes Old London Bridge Job Lane the Bodley Head Ltd,
PREFACE Magna Carta is well called the oldest of liberty,
documents. It has come to serve as the prototype of all bills of
rights, a symbol, a slogan that conies readily to the tongue of a
public speaker. Its history, in these days when human progress
seems to depend on the success of a world charter, may seem of mere
antiquarian interest. Yet the New Yor Times of January n, 1946, saw
fit to devote nearly a column to a description of the ceremony in
which Dr. Luther H. Evans, Librarian of Congress, handed to his
majes tys minister, John Balfour, one of the original parchment
copies of the Great Charter for return to the Dean and Chapter of
Lincoln Cathedral. Of the Charter, during its stay in the United
States, Dr. Evans said Fifteen million Americans have made
pilgrimage to see it American arms have been its guard. Mr. Balfour
termed the Charter the forefather of the British and American bills
of rights, the American Habeas Corpus Act, and the Declaration of
Independence. The Federal Constitution of the United States, Mr.
Balfour said, contained many of itsprovisions and even some of its
actual words and this in turn has been the model for many
constitutions in many lands. The line of descent extends to our
time and we can, without flight of fancy, trace as an authentic
offspring the preamble to the Charter of the United Nations. Here
is a lineage without equal in human history. For this we honor the
Great Charter, and for this, not as Britons or as Americans, but as
members of the whole brotherhood of free peoples, we give our
thanks to the Librarians of Congress for the care with which during
these momentous years, they have guarded a document that is beyond
re placement and above price. Magna Carta is not the private
property of the British people. It belongs equally to you and to
all who at any time and in any land have fought for freedom under
the law. la the words of Professor A. B. White Today we study its
history, yes terday it was our political Bible. If it became
something of a myth few would question that the myth has been
beneficent and still is. It was through Professor White that my
interest in Magna Carta history was first awakened while preparing
under his direction at the University of Minnesota a doctoral
dissertation, published as The First Century of Magna Carta These
studies attempt to trace through three more centuries the varied
uses and increasingly significant interpretations of the famous
document. It is a pleasure to express to Professor White my
gratitude for his continued in terest and stimulating suggestions,
and for reading parts of the manuscript. VI PREFACE The opportunity
to use valuable sources available only in England was made possible
by a Guggenheim Fellowship for the year 1938-39, For this I
expresshearty thanks to the foundation, as well as to the Graduate
School of the University of Minnesota for a grant-in-aid for a
research assistant. I am indebted to Mr. Pulling of the Harvard Law
Library, and to Professor Bade and Miss Caroline Brede of the
University of Minnesota Law Library, for permission and aid in
using their remarkable collections of early printed law books.
Acknowledgment is also due the Treasurer and Masters of the Bench
of the Inner Temple for permission to use certain Inner Temple
Library manuscripts...
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