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The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.
This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.
Title 48 presents regulations which cover acquisition planning, contracting methods and contract types, socioeconomic programs, general contracting requirements, special categories of contracting, contract management, clauses, and forms. Specific criteria for various departments, agencies, and offices are included. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.
This book is a compilation of CRS reports on defense policies. Some topics discussed herein include the United States Special Operations Command, US withdrawals from treaties and other international agreements, artificial intelligence development and the North Atlantic Treaty Organization.
The euro area sovereign debt crisis has been the greatest threat to the euro since its inception, but the consequences of the crisis go well beyond the realm of macroeconomics: the crisis has cast doubt on the viability of a mechanism of integration such as the one envisaged in Economic and Monetary Union (EMU), and on the future of the European Union as a political project in the face of citizens' growing disaffection. The various responses to the crisis have not only altered the principles underlying EMU; they have also had a profound impact on the constitutional orders of the EU and its Member States. This book focuses on the euro area crisis and its aftermath from a constitutional perspective. It provides a critical analysis of the workings and evolution of Economic and Monetary Union, the changes brought by the crisis and their broader effects, and the constitutional obstacles to integration in this area. Looking forward, it tackles the uncertain future of economic and fiscal integration and the challenges posed. This is a compelling and incisive account of some of the most significant developments and dilemmas facing the European Union since its creation.
Why colleges and universities live or die by free speech Free speech is under attack at colleges and universities today, as critics on and off campus challenge the value of freewheeling debate. In Speak Freely, Keith Whittington argues that universities must protect and encourage vigorous free speech because it goes to the heart of their mission to foster freedom of thought, ideological diversity, and tolerance. Examining hot-button issues such as trigger warnings, safe spaces, hate speech, disruptive protests, speaker disinvitations, and the use of social media by faculty, Speak Freely describes the dangers of empowering campus censors to limit speech and enforce orthodoxy. It explains why universities must make space for voices from both the Left and Right. And it points out how better understanding why the university lives or dies by free speech can help guide students, faculty, administrators, and alumni when faced with unpopular, hateful, or dangerous speech. Timely and vitally important, Speak Freely shows why universities can succeed only by fostering more free speech, more free thought "and a greater tolerance for both.
Before there were emails, instant messaging, and other forms of electronic communication, it was much easier for the courts to determine if a government investigation constituted a Fourth Amendment "search." If the police intruded on your person, house, papers, or effectstangible property interests listed in the text of the Fourth Amendmentthat act was considered a search, which had to be "reasonable" under the circumstances. However, with the advent of intangible forms of communication, like the telephone or the Internet, it became much more difficult for judges to determine when certain surveillance practices intruded upon Fourth Amendment rights. With these legal, social, and technological trends in mind, this book explores the third party-doctrine, including its historical background, its legal and practical underpinnings, and its present and potential future applications. It explores the major third-party doctrine cases and fits them within the larger Fourth Amendment framework. It surveys the various doctrinal and practical arguments for and against its continued application. Lastly, this book describes congressional efforts to supplement legal protection for access to third-party records, as well as suggesting possible future directions in the law.
"This is a remarkably fine work that discusses the way religion is perceived and dealt with in the United States. The subject is of great moment not only in America but also in the world at large, and Sullivan has treated it with considerable analytical skill and ethnographic detail. The result is a powerful and convincing argument."--Talal Asad, City University of New York Graduate Center
"Provocative. Engaging. Valuable. Sullivan has created a kind of analytical triptych that captures some of the most important features of religions and law in the United States. It is a finely crafted portrait of an incredibly suggestive trial, a meditation on the political/legal status of folk religions in the United States, and a theoretical intervention into contemporary studies of religion jurisprudence."--Jason Bivins, North Carolina State University.
""The Impossibility of Religious Freedom" is an astonishing book. Winnifred Sullivan once again demonstrates her flair for extracting a big lesson from a seemingly small event--in this book, a controversy over the allowable style of grave markers in a public cemetery in Boca Raton, Florida. To the town, the issue was the ease of mowing the cemetery and making it look tidy; for the survivors of the dead buried in the cemetery the issue was the appropriate expression of religious faith. This case looks like a simple church-state controversy, but Sullivan (an expert witness in the case) deftly explains why the federal court and the First Amendment really cannot cope with the issues involved. Separating church and state requires defining what religion is. The devil here is in the definition. Sullivan offers an important challenge to the easyassumptions to the current propensity of federal courts to accommodate religion. What is religion anyway? Read this fascinating story to see how challenging that question is."--Stanley N. Katz, Princeton University
"Sullivan's exploration of unofficial religion is elegant, moving, uncompromising, and profoundly important. By examining religion literally from the ground up, it challenges all of the familiar pieties about religious liberty in America."--Philip Hamburger, author of "Separation of Church and State"
Constitutions and their systems are increasingly under pressure from identity groups such as regional and national minorities. Presenting the first comparative analysis of the negotiation of constitutional demands by these groups, Vito Breda uses an innovative methodology to create a richer understanding of the pluralistic nature of modern states. Combining both political and constitutional analysis, Breda expertly analyses cases from the UK, Spain, Italy, Canada, the USA, New Zealand and Australia, reviewing the practices of cooperation and litigation between these groups and central institutions. An evaluation of the implications of the Catalonian, Puerto Rican and Scottish referenda show how regionalists seek to negotiate with central governments, defined by what they consider acceptable engagements under constitutional law. Both the systems and the constitutions themselves are changing under the pressure of these groups, but what remains is the distinctive constitutional structure ensuring that democratic agreements emerge from difficult negotiation processes. Timely and in-depth, this book is a vital contribution to the discussion on constitutional law globally. It will also attract researchers interested in regional issues within law, political science and sociology, and particularly those who study the role of regional or nationalist movements inside democracies.
When the Civil Rights Act of 1964 was passed, its primary target was the outright exclusion of women from particular jobs. Over time, the Act's scope of protection has expanded to prevent not only discrimination based on sex but also discrimination based on expression of gender identity. Kimberly Yuracko uses specific court decisions to identify the varied principles that underlie this expansion. Filling a significant gap in law literature, this timely book clarifies an issue of increasing concern to scholars interested in gender issues and the law.
Is administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution-and constitutions in general-were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious-and profoundly unlawful-return to dangerous pre-constitutional absolutism.
Until recently, referendums were little used. After the Scottish independence and Brexit referendums, they have come to the fore as a mechanism with the potential to disrupt the status quo and radically change political direction. This book looks at the historical development of the referendum, its use in different jurisdictions, and the types of constitutional questions it seeks to address. Written in an engaging style, the book offers a clear, objective overview of this important political and constitutional tool.
The United States Constitution was designed to secure the rights of individuals and minorities from the tyranny of the majority2;or was it? Jennifer Nedelsky's provocative study places this claim in an utterly new light, tracing its origins to the Framers' preoccupation with the protection of private property. She argues that this formative focus on property has shaped our institutions, our political system, and our very understanding of limited government.
The Concentrate Q&As are a result of a collaboration involving hundreds of law students and lecturers from universities across the UK. The series offers you better support and a greater chance to succeed on your law course than any of the competitors. 'A sure-fire way to get a 1st class result' (Naomi M, Coventry University) 'My grades have dramatically improved since I started using the OUP Q&A guides' (Glen Sylvester, Bournemouth University) 'These first class answers will transform you into a first class student' (Ali Mohamed, University of Hertfordshire) 'I can't think of better revision support for my study' (Quynh Anh Thi Le, University of Warwick) 'I would strongly recommend Q&A guides. They have vastly improved my structuring of exam answers and helped me identify key components of a high quality answer' (Hayden Roach, Bournemouth University) '100% would recommend. Makes you feel like you will pass with flying colours' (Elysia Marie Vaughan, University of Hertfordshire) 'My fellow students rave about this book' (Octavia Knapper, Lancaster University) 'The best Q&A books that I've read; the content is exceptional' (Wendy Chinenye Akaigwe, London Metropolitan University) 'I would not hesitate to recommend this book to a friend' (Blessing Denhere, Coventry University)
International law holds a paradoxical position with territory. Most rules of international law are traditionally based on the notion of State territory, and territoriality still significantly shapes our contemporary legal system. At the same time, new developments have challenged territory as the main organising principle in international relations. Three trends in particular have affected the role of territoriality in international law: the move towards functional regimes, the rise of cosmopolitan projects claiming to transgress state boundaries, and the development of technologies resulting in the need to address intangible, non-territorial, phenomena. Yet, notwithstanding some profound changes, it remains impossible to think of international law without a territorial locus. If international law is undergoing changes, this implies a reconfiguration of territory, but not a move beyond it. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a conceptual nature in a varying thematic area of public international law.
The Developmental Disabilities Assistance and Bill of Rights Act (commonly known as the DD Act) provides federal financial assistance to states and public and non-profit agencies to support community-based delivery of services to persons with developmental disabilities. The DD Act defines developmental disabilities (DD) as severe, life-long disabilities attributable to mental and/or physical impairment. The aim of the DD Act is to help individuals with DD maximise their potential through increased independence, productivity, inclusion and integration into the community. This book provides background and funding information on DD Act programs, discusses evaluation activities, and summarises recent legislative efforts related to the DD Act.
The composite nature of the EU constitutional legal framework and the presence of different fundamental rights protection actors within the European landscape presents a complex and fragmented scenario in search of a coherent structure. This discerning book provides a thorough analysis and offers a unique perspective on the future of fundamental rights protection in Europe. With engaging contributions from both scholars and practitioners, the chapters consider not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies. The contributors cover the different features and implications of judicial and non-judicial bodies at national, supranational and institutional level, paying close attention to their interaction and the ways in which each have a role to play in a comprehensive fundamental rights policy. Particular attention is paid to both the individual dimension of rights protection and the systemic dimension of rights monitoring and advisory, which have been largely overlooked in previous studies. Taking account of both theory and practice, this book will be a valuable resource to legal scholars in the fields of human rights protection, constitutional law and EU law. Members of national and supranational human rights organizations will also find this a valuable tool in discovering more about the legal foundations of their work.
This book examines the disclosure and withholding of all forms of confidential information handled by professionals. Fully revised and updated, the new edition examines the numerous recent developments in the law, particularly following revelations by the media of the interception of professional confidences by phone hacking and other means. Its primary focus is on the law of England and Wales, but it includes insights from the secondary literature and case law of Australia, Canada, Ireland, New Zealand, and Scotland. This allows it to predict how English courts may fill gaps in the law, and makes it a useful resource for practitioners in other common law jurisdictions. The book begins with a discussion of the basic principles of confidentiality, including types of confidential information, confidentiality obligations, disclosures, and confidentiality obligation. Part I examines the legal instruments for the enforcement of confidentiality, including contractual obligations, tort of misuse of private information, equitable wrongs, actions against third parties, civil remedies and criminal offences, and remedies beyond the courts. Part II discusses justified disclosure, including those relating to public interest, official investigations, administration of justice, consent and waiver, and lapsed confidentiality. Part III analyses the grounds for justified non-disclosure, including legal professional privilege, public interest immunity, contractual or equitable obligations, data protection and freedom of information, privacy protection, and non-disclosure to client. Finally, Part IV discusses limiting the extent of a lawful disclosure, dealing with circulation restrictions, public reporting, anonymity, court attendance restrictions, and collateral use. This is an essential reference for those advising either the professional or the individual client on issues relating to the disclosure of confidential personal information.
Are human rights really a building block of global constitutionalism? Does global constitutionalism have any future in the theory and practice of international law and global governance? This book critically examines these key questions by focusing on the mechanisms utilised by global constitutionalism whilst comparing the historical functioning of constitutional rights in national systems. Yahyaoui Krivenko provides new insights into the workings of human rights and associated notions, such as the state, the political, and the individual, by demonstrating that human rights are antithetical to global constitutionalism and encouraging new discussions on the meaning of global constitutionalism and human rights. Drawing on the interdisciplinary works of such thinkers as Agamben, Luhmann, Bourdieu, Deleuze and Guattari, this book also considers practical examples from historical experience of ancient Greek and early Islamic societies. It will appeal to scholars interested in human rights, international law and critical legal theory.
The 2012 Criminal Injuries Compensation Scheme (CICS) deals with some 33,000 applications for compensation each year. It has, since 1964, been one of the principal means by which the state aims to meet victims' expectations following an offence of violence, but it also displays a clear doctrinal effort to differentiate 'deserving' from 'undeserving' victims. Over much of the same period criminal courts and agencies have enjoyed powers to order offenders to pay compensation to their victims, most recently as an element of restorative justice. Split into two parts, Criminal Injuries Compensation is an authoritative analysis of the statutory provisions governing these various remedies. Part One, State Compensation, analyses the Scheme's defining provisions: what constitutes 'a criminal injury', what persons and injuries may be compensated, the rules governing the victim's own conduct and character, the assessment of the award, and the procedures governing applications, appeals and judicial review. Part Two, Offender Compensation, analyses the conditions under which a criminal court may make a compensation order as an element of its sentencing decision, concluding with the potential of restorative justice to deliver offender compensation to victims. The book also touches on the wider political and criminal justice context of compensation. Written and edited by an expert academic and practitioner team, Criminal Injuries Compensation is an essential text for all those with an interest in understanding the statutory, judicial and administrative rules that govern state and offender payment of compensation to victims of violent crime.
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