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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
Using a key religious freedom Act, the book analyzes legislative
process, Supreme Court jurisprudence, and discusses the role of
religion in public life. "Religious Free Exercise and Contemporary
American Politics" explains why the Religious Land Use and
Institutionalized Persons Act (RLUIPA) had to undergo a major
metamorphosis in order to win approval. The book uses this episode
as a window onto the dynamics of modern constitutional politics,
specifically the constitutional politics of free exercise. The book
argues that, although free exercise of religion remains an
important value in American politics, it has been severely buffeted
by both liberal individualism and identity politics. The former
equates religious 'choice' with all other types of choices one
makes in life, the latter sees religious identity as equivalent to
racial, ethnic, gender, or sexual orientation identities. These two
views coalesced in the late 1990s to force major modifications in
the proposed Religious Liberty Protection Act, succeeding in
limiting its reach only to prisoners and land use disputes. Written
in an accessible manner for students of politics and religion as
well as constitutional politics and law, the book offers a unique
perspective on religious freedom in American politics.
This multidisciplinary book introduces readers to original
perspectives on crimmigration that foster holistic, contextual, and
critical appreciation of the concept in Australia and its
individual consequences and broader effects. This collection draws
together contributions from nationally and internationally
respected legal scholars and social scientists united by common and
overlapping interests, who identify, critique, and reimagine
crimmigration law and practice in Australia, and thereby advance
understanding of this important field of inquiry. Specifically,
crimmigration is addressed and analysed from a variety of
standpoints, including: criminal law/justice; administrative
law/justice; immigration law; international law; sociology of law;
legal history feminist theory, settler colonialism, and political
sociology. The book aims to: explore the historical antecedents of
contemporary crimmigration and continuities with the past in
Australia reveal the forces driving crimmigration and explain its
relationship to border securitisation in Australia identify and
examine the different facets of crimmigration, comprising: the
substantive overlaps between criminal and immigration law;
crimmigration processes; investigative techniques, surveillance
strategies, and law enforcement agents, institutions and practices
uncover the impacts of crimmigration law and practice upon the
human rights and interests of non-citizens and their families.
analyse crimmigration from assorted critical standpoints; including
settler colonialism, race and feminist perspectives By focusing
upon these issues, the book provides an interconnected collection
of chapters with a cohesive narrative, notwithstanding that
contributors approach the themes and specific issues from different
theoretical and critical standpoints, and employ a range of
research methods.
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
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.
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.
Originally published in 1814, this is a reprint of the Yale
University Press 1950 edition with an introduction by Roy Franklin
Nichols. 562 pp. Taylor wrote this important work in 1814 as a
reply to John Adams's Defence of the Constitutions of Government of
the United States of America. Unlike Adams, he rejects the concept
of "a natural aristocracy" of "paper and patronage" and a federal
government based on a system of debt and taxes. He considers the
American government to be one of divided powers responsible to the
sovereign people alone. Opposed to the extent of power awarded to
the executive office, he calls for shorter terms for the president
and all elected officers. Charles Beard said this work "deserves to
rank among the two or three really historic contributions to
political science which have been produced in the United States."
JOHN TAYLOR 1753-1824] was known as "John Taylor of Caroline
County, Virginia." He served in the Continental Army and later in
the Virginia House of Delegates, then served three terms as a
member of the United States Senate. He is considered to be one of
the nation's greatest philosophers of agrarian liberalism. He was
one of the nation's first proponents of states' rights. His works
include New Views of the Constitution of the United States (1823),
Construction Construed, and Constitutions Vindicated (1820) and A
Defence of the Measures of the Administration of Thomas Jefferson.
By Curtius (1804), an argument in favor of the achievements of the
first Jefferson administration.
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.
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.
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
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.
Reprint of the rare 1843 edition. Tucker proposes a vigorous
defense of states-rights principles in the manner of John Taylor of
Caroline. A notably sophisticated argument, it balances detailed
analysis of the U.S. Constitution with criticism of Joseph Story,
Daniel Webster and other proponents of a powerful Federal
government. Henry St. George Tucker 1780-1848] served as U.S.
Congressman representing Virginia's 3rd District in the United
States House of Representatives from 1815 to 1819. He studied under
his father, St. George Tucker (editor of the American edition of
Blackstone's Commentaries), at the College of William & Mary,
and after he received his law degree, taught there himself. He was
later was captain of Cavalry in the War of 1812, President of
Virginia's Supreme Court of Appeals, (1831-1841) and, later in
life, a prominent Professor of Law at the University of Virginia.
He founded the Honor System there. Works that grew out of the
classroom include Commentaries on the Laws of Virginia (1836-1837)
and the present work. Tucker County, West Virginia, is named in his
honor.
This book offers an in-depth analysis of the function of
certification in general and of certification systems in a range of
different sectors. The authors examine certification from both a
theoretical and a practical standpoint and from the perspectives of
different disciplines, including law, economics, management, and
the social sciences. They also discuss instruments that help ensure
the quality of certification, which can range from public law
measures such as accreditation, to private law incentives, to
deterrents, such as liability towards victims. Further, they assess
the role of competition between certification bodies. Readers will
learn the commonalities as well as the necessary distinctions
between certification bodies in various fields, which may stem from
the different functions they serve. These similarities and
differences may also be the result of different types of damage
that the certified producer or service provider could potentially
cause to individuals or to the public at large. Often, companies
use certification bodies as an argument to assure the general
public, e.g. regarding the safety of medical products. Closer
inspection reveals, however, that sometimes certification bodies
themselves lack credibility. The book offers essential information
on the benefits and pitfalls associated with certification.
The Supreme Court has final authority in determining what the
Constitution means. The Court's findings have not, however, always
been final. Lively focuses on several landmark dissenting
opinions--resisted initially--later redefining the meaning of the
Constitution. Each opinion arises from a rich historical context
and involves constitutional issues of pointed significance. Vivid
descriptions of some of the colorful personalities behind the
opinions add appeal. Lively conveys the evolutionary and dynamic
nature of the law demonstrating the relationship between present
and past understanding of the Constitution. He describes the
competitive nature of constitutional development and identifies the
relevance of factors including subjective preference, values, vying
theories, and ideologies.
The role of the Court, is addressed as are the federal
government's relationship to the states and their citizens;
slavery; property rights; substantive due process; freedom of
speech; and the right to be left alone. This is a clearly presented
and highly instructive consideration of how the Constitution's
interpretation has been fashioned over time with important insights
relevant to today's Court and contemporary cases.
This open access book provides an in-depth look into the background
of rule of law problems and the open defiance of EU law in East
Central European countries. Current illiberal trends and anti-EU
politics have the potential to undermine mutual trust between
member states and fundamentally change the EU. It is therefore
crucial to understand their domestic causes, context conditions,
specific processes and consequences. This volume contributes to
empirically informed theory-building and includes contributions
from researchers from various disciplines and multiple perspectives
on illiberal trends and anti-EU politics in the region. The
qualitative case studies, comparative works and quantitative
analyses provide a comprehensive picture of current societal,
political and institutional developments in the Czech Republic,
Hungary, Poland and Slovakia. Through studying similarities and
differences between East Central European and other EU countries,
the chapters also explore whether there are regional patterns of
democracy- and EU-related problems.
This new edition of Norgren and Nanda's classic updates their
examination of the intersection of American cultural pluralism and
law. They document and analyze legal challenges to the existing
social order raised by many cultural groups, among them, Native
Americans and Native Hawaiians, homeless persons, immigrants,
disabled persons, and Rastafarians. In addition, they examine such
current controversies as the culture wars in American schools and
the impact of post-9/11 security measures on Arab and Muslim
individuals and communities. The book also discusses more
traditional challenges to the American legal system by women,
homosexuals, African Americans, Latinos, Japanese Americans, and
the Mormons and the Amish. The new chapters and updated analyses in
this Third Edition reflect recent, relevant court cases dealing
with culture, race, gender, religion, and personal status. Drawing
on court materials, state and federal legislation, and legal
ethnographies, the text analyzes the ongoing tension between, on
the one hand, the need of different groups for cultural autonomy
and equal rights, and on the other, the necessity of national unity
and security. The text integrates the authors' commentary with case
descriptions set in historical, cultural, political, and economic
context. While the authors' thesis is that law is an instrument of
social policy that has generally furthered an assimilationist
agenda in American society, they also point out how in different
periods, under different circumstances, and with regard to
different groups, law has also some opportunity for cultural
autonomy.
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