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The abuse of workers in export processing zones in developing countries, the undignified treatment of elderly people in care homes, and the dangers for internet users' privacy arising from private companies' control of their data are prominent examples of how our most fundamental interests are increasingly jeopardized by powerful private actors. Jean Thomas argues that, while these interests are protected by human and constitutional rights in relation to the state, no similar protections exist in relations among private actors. To address this problem, she develops a theoretical framework for the application of human and constitutional rights among private actors. The author proposes a theory of private liability for public rights violations that allows us to answer the question: who should bear the duties associated with human and constitutional rights in the private sphere? And what do private actors owe one another in respect of the interests protected by these rights? In advancing a model of rights that makes the application of public rights among private actors morally plausible and institutionally feasible, the book also illuminates the broader conceptual question of what rights are.
If a paternity test were done on widely admired South Africa’s constitution, whose DNA would come up? Is the Constitution just a beautiful piece of paper? If Oliver Tambo were alive today, walking around South Africa, would he be pleased with what he saw? In this riveting, direct account of the genesis of South Africa’s constitution, former Justice Albie Sachs answers these crucial questions. The chapters of this book are based on a four-part lecture series delivered by Albie Sachs at universities around the country during the centenary year of Oliver Tambo’s birth. The lectures were delivered as part of the Oliver and Adelaide Tambo Foundation’s centenary celebrations which sought to honour and remember Tambo’s life, the values he espoused and his commitment to the struggle for national liberation. Described by former President Nelson Mandela as ‘a great giant who strode the globe like a colossus’, Tambo was one of the key drivers of South Africa’s liberation and the founding father of our constitutional democracy. Sachs writes about the years he spent working under Tambo’s leadership in exile preparing for a new post-apartheid constitutional order in South Africa and about the extreme crises that were overcome during the constitution-making process to arrive at the document we have today. Tackling the burning issues that face our country today, he argues that the Constitution is a framework for struggle and decolonisation that can be used to bring about land reform and true equality.
Every year firms close for a variety of reasons, including sale or merger, but what happens if you haven't prepared to exit the market? The Solicitors Regulation Authority (SRA) has stressed the need for firms to have an exit strategy in place to prepare for this eventuality, meet regulatory requirements and good practice standards, and avoid potential fines. The Exit Strategies Toolkit contains a mixture of commentary, procedural checklists, such as a notification checklist, draft policies and precedents, including sample letters to PI insurers and the SRA, to help you to prepare for this eventuality.
Citizenship is no longer an exclusive relationship. Many people today are citizens of multiple countries, whether by birth, naturalization, or even through monetary means, with schemes fast-tracking citizenship applications from foreigners making large investments in the state. Moral problems surround each of those ways of acquiring a second citizenship, while retaining one's original citizenship. Multiple citizenship can also have morally problematic consequences for the coherence of collective decisions, for the constitution of the demos, and for global inequality. The phenomenon of multiple citizenship and its ramifications remains understudied, despite its magnitude and political importance. In this innovative book, Ana Tanasoca explores these issues and shows how they could be avoided by unbundling the rights that currently come with citizenship and allocating them separately. It will appeal to scholars and students of normative political theory, citizenship, global justice, and migration in political science, law, and sociology.
A central concern about the robustness of democratic rule in new democracies is the concentration of power in the executive branch and the potential this creates for abuse. This concern is felt particularly with regard to the concentration of legislative power. Checking Presidential Power explains the levels of reliance on executive decrees in a comparative perspective. Building on the idea of institutional commitment, which affects the enforcement of decision-making rules, Palanza describes the degree to which countries rely on executive decree authority as more reliance may lead to unbalanced presidential systems and will ultimately affect democratic quality. Breaking new ground by both theorizing and empirically analyzing decree authority from a comparative perspective, this book examines policy making in separation of powers systems. It explains the choice between decrees and statutes, and why legislators are sometimes profoundly engaged in the legislative process and yet other times entirely withdrawn from it.
Conventionally, founding moments are landmark events that break ties with the ancient regime and lay the foundation for the establishment of new constitutional order. They are often depicted as occurring radically, and are best exemplified by revolution. Founding moments shape national law, influence surrounding countries, establish future power structures and reinforce political institutions established by the constitution. This edited collection brings together leading scholars to consider how much we know about the idea of a founding moment. Divided into three main parts, the first part on `theory' explores founding moments as a concept. In approaching the phenomenon in a theoretical way, this part establishes some basic ideas that can lead to a general understanding of what exactly founding moments are. The second part focuses on `history', the chapters take a distinctly historical approach to the idea of a founding moment, whether by closely reconsidering a founding moment in a regime or by engaging in a historical archival research. The third part, on `application', looks at the founding moments of specific states. Many of these are cases which differ from the conventional model of founding moments.
The Constitution of the Commonwealth of Australia examines the body of constitutional jurisprudence in an original and rigorous yet accessible way. It begins by exploring the historical and intellectual context of ideas surrounding the Constitution's inception, and closely examines its text, structure, principles and purposes in that light. The book then unpacks and critically analyses the High Court's interpretation of the Constitution in a manner that follows the Constitution's own logic and method of organisation. Each topic is defined through detailed reference to the existing case law, which is set out historically to facilitate an appreciation of the progressive development of constitutional doctrine since the Constitution came into force in 1901. The Constitution of the Commonwealth of Australia provides an engaging and distinctive treatment of this fundamental area of law. It is an excellent book for anyone seeking to understand the significance and interpretation of the Constitution.
WhenJusticeandHomeAffairscooperationwasofficiallyintroducedintheEu- peanlegal orderby theTreaty ofMaastricht, severalnewpolicy fields slowly enteredEuropeanlaw: asylumandimmigrationlaw, criminallaw, policestudies. SincetheTreatyofAmsterdamthisnewpolicyareaisreferredtoastheAreaof Freedom, SecurityandJustice. Ithasbeendividedintotwomainsubjects: b- ders, visa, asylumandimmigration, andcivillawinthefirstpillar;andpoliceand judicialcooperationinthethirdpillar. Importantelementsarecommoncontrolsattheexternalbordersfollowingthe abolishmentofinternalcontrols. Asaconsequenceofthecompletionoftheint- nalmarketacommonvisa, asylumandimmigrationpolicyhasbeenputinplace. PolicecooperationbetweennationalauthoritiesandinthecontextofEuropolisan importanttoolforguaranteeingadequatesecurityconditionsforcitizensofthe MemberStates. Criminallawcooperationisnecessarytocombatcrime. ThroughtheTampereProgrammeof1999, theAreawasdevelopedatare- tivelyhighspeed. Eventssuchas11September2001and11March2004have illustratedtheneedandurgencyforclosecooperationincriminallawthroughout Europe, notleasttocombatterrorism. InNovember2004, theEuropeanCouncil launchedthefollow-upprogrammeof'Tampere' theHagueProgramme, along withadetailedActionPlaninJune2005. ThedepartmentofEuropeanLawoftheLawSchoolofErasmusUniversity RotterdamhasfromthebeginningtakentheAreaofFreedom, SecurityandJ- ticeasoneofthefocalpointsofitsresearch. Oneoftheachievementswasthe publicationofahandbookbyDeZwaanandBultena: RuimtevanVrijheid, Veil- heidenRechtvaardigheid AreaofFreedom, SecurityandJustice], in2002. A specialcourseforstudentsofcriminologyandDutchlawistaughtattheLaw Schoolaswell, andthesubjectispartoftheresearchintheResearchSchoolfor SafetyandSecurityinSocialIssues(OnderzoeksschoolMaatschappelijkeVeil- heid). InviewofthisfocusontheAreaofFreedom, SecurityandJustice, andinview ofthepotentiallyfar-reachinginfluenceoftheHagueProgrammefortheEu- peancitizens, thedepartmentofEuropeanLaworganizedatwodaysinternational conferenceon23and24June2005inRotterdam, withover120participantsfrom alloverEurope. Prominentspeakersfrompolitics(EuropeanCommissionerFr- tini, DutchMinisterofJusticeDonner), thecivilservice(fromtheEuropeanC- mission, fromtheCouncil, andfromnationalministries), nongovernmentalor- nizations, and from the academic world (speakers from Turkey, the UK, and Germany for instance) discussed the new developments from many different angles. VIII Thisbookrepresentsthereflectionoftheconference: manyspeakersandp- ticipantscooperatedtoproducethisfirstevaluationoftheHagueProgramme. In viewofitsdifferentcharacteronlycivillawcooperationisnotcoveredinthis publication. WewouldliketothankLauraSchepersfortakingcareofallthedetailsinthe texts, andPeterMorrisforfine-tuningthelanguage. Wecouldnothaveorganized theconferencewithoutthehelpofNathalieWeberandAnnetSchuurmanofour conferencebureau. Rotterdam, May2006 JaapdeZwaan FloraGoudappel IX TableofContents Summaryofcontents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V Foreword. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII Listofabbreviations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XV Introductoryspeeches Piet-HeinDonner TheHagueProgramme. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 FrancoFrattini TheHagueProgramme: ourfutureinvestmentindemocraticstabilityand democraticsecurity. . . . . . . . . . . . . . .
Migrant Crossings examines the experiences and representations of Asian and Latina/o migrants trafficked in the United States into informal economies and service industries. Through sociolegal and media analysis of court records, press releases, law enforcement campaigns, film representations, theatre performances, and the law, Annie Isabel Fukushima questions how we understand victimhood, criminality, citizenship, and legality. Fukushima examines how migrants legally cross into visibility, through frames of citizenship, and narratives of victimhood. She explores the interdisciplinary framing of the role of the law and the legal system, the notion of "perfect victimhood" and iconic victims, and how trafficking subjects are resurrected for contemporary movements as illustrated in visuals, discourse, court records, and policy. Migrant Crossings deeply interrogates what it means to bear witness to migration in these migratory times-and what such migrant crossings mean for subjects who experience violence during or after their crossing.
Winner of the 2014 Southwest Book Award from the Border Regional Library Association This long-awaited book is the most detailed and up-to-date account of the complex history of Pueblo Indian land in New Mexico, beginning in the late seventeenth century and continuing to the present day. The authors have scoured documents and legal decisions to trace the rise of the mysterious Pueblo League between 1700 and 1821 as the basis of Pueblo land under Spanish rule. They have also provided a detailed analysis of Pueblo lands after 1821 to determine how the Pueblos and their non-Indian neighbors reacted to the change from Spanish to Mexican and then to US sovereignty. Characterized by success stories of protection of Pueblo land as well as by centuries of encroachment by non-Indians on Pueblo lands and resources, this is a uniquely New Mexican history that also reflects issues of indigenous land tenure that vex contested territories all over the world.
Contrary to how it is often portrayed, the concept of human rights is not homogeneous. Instead it appears fragmented, differing in scope, focus, legal force and level of governance. Using the lens of key case studies, this insightful book contemplates human rights integration and fragmentation from the perspective of its users. The fragmentation of human rights law has resulted in an uncoordinated legal architecture that can create obstacles for effective human rights protection. Against this background, expert contributors examine how to make sense - in both theoretical and practical terms - of these multiple layers of human rights law through which human rights users have to navigate. They consider whether there is a need for more integration and the potential ways in which this might be achieved. The research presented illustrates the pivotal role that users play in shaping, implementing, interpreting and further developing human rights law. Offering an innovative perspective to the debate, this book will appeal to both students and academics interested in human rights and the methodological approaches that can be used in furthering its research. Practitioners and policy makers will also benefit from the forward thinking insights into how an integrated approach to human rights could look.
Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others. Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues.
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.
Exceptionally clear and incisive, Administrative Law is the essential guide to understanding this challenging area of the law. The author uses a variety of learning features to make complex points accessible and also to encourage reflection and debate. Chapters start with a 'look for' section which outlines the key ideas in each chapter, pop quizzes appear throughout, and each chapter is wrapped up with a 'take home message', critical questions, and a list of further reading. Online resources This book is accompanied by the following online resources: - Notes on key cases and legislations - Guidance on answering the questions in the text - Links to useful resources - Glossary of key terms used in the text - A guide for lecturerson possible ways of approaching the material in the book
This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention's position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention's articles, including the travaux preparatoires, this Commentary examines each provision's substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention's provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties' implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions' case law, as well as the jurisprudence of domestic courts, are taken into consideration. Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.
The British constitution is regarded as unique among the constitutions of the world. What are the main characteristics of Britain's peculiar constitutional arrangements? How has the British constitution altered in response to the changing nature of its state - from England, to Britain, to the United Kingdom? What impact has the UK's developing relations with the European Union caused? These are some of the questions that Martin Loughlin addresses in this Very Short Introduction. As a constitution, it is one that has grown organically in response to changes in the economic, political, and social environment, and which is not contained in a single authoritative text. By considering the nature and authority of the current British constitution, and placing it in the context of others, Loughlin considers how the traditional idea of a constitution came to be retained, what problems have been generated as a result of adapting a traditional approach in a modern political world, looking at what the future prospects for the British constitution are. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
The European Union is a supranational organisation with a set of circumscribed powers. Although these powers do not include an all-encompassing fundamental rights' mandate, today's existential challenges - from economic to refugee crisis, via concerns for compliance with the rule of law in some of its Member States - increase the pressure on the EU to develop tools for protection and promotion of such rights. One way of addressing the tension between the lack of a general mandate and vivid calls for protection is for the EU to focus on selected fundamental rights which it has competence to regulate. One such example is EU law on the fundamental right to equal treatment that has blossomed since the late 1990s. In developing selected fundamental right policies that can be imposed on domestic actors, as EU law does, supranational intervention needs to be carefully tailored to the plural landscape where they are intended to flourish. This monograph calls for a nuanced use of the infrastructure of EU law to convey shared values at domestic level across Europe.
A constant yet oftentimes concealed practice in war has been the use of informers and collaborators by parties to an armed conflict. Despite the prevalence of such activity, and the serious and at times fatal consequences that befall those who collaborate with an enemy, international law applicable in times of armed conflict does not squarely address the phenomenon. The recruitment, use and treatment of informers and other collaborators is addressed only partially and at times indirectly by international humanitarian law. In this book, Shane Darcy examines the development and application of the relevant rules and principles of the laws of armed conflict in relation to collaboration. With a primary focus on international humanitarian law as may be applicable to various forms of collaboration, the book also offers an assessment of the relevance of human rights and considers how the phenomenon of collaboration has been addressed post-conflict.
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