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How have generations of Americans debated and shaped the constitutional meanings of liberty, equality, justice, and "We, the people"? What roles have engaged citizens and social movements played in effecting transformative constitutional change? These questions are at the heart of Elizabeth Beaumont's lucid and compelling study. In The Civic Constitution, she traces four crucial eras of constitutional dispute and reinvention: the revolutionaries who catalyzed the Declaration of Independence and first state constitutions; the antifederalists and other critics who influenced the national Constitution and Bill of Rights; the abolitionists who paved the way for the Reconstruction Amendments; and the suffragists whose battles provoked the Nineteenth Amendment. Beaumont argues that these groups should be recognized as civic founders-and co-founders-of the U.S. Constitution. Through newspaper broadsides, petitions, convention speeches, sermons, boycotts, and protests, these men and women worked to redefine fundamental law. Challenging established authority, they advocated vital new understandings of popular self-governance, rights, liberties, and citizenship. Indeed, though their roles are often overlooked in contemporary debates, these civic reformers not only shaped the legal text and terms of modern constitutionalism, but reconstructed the meaning of civic membership, in terms of both norms and fundamental commitments. The Civic Constitution is a sweeping work of reinterpretation that speaks to students of American politics, history, and law. This richly documented study offers a keener understanding of the Constitution and a more profound perception of civic identity and democracy itself.
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.
That Every Man Be Armed, the first scholarly book on the Second Amendment to the U.S. Constitution, has played a significant role in constitutional debate and litigation since it was first published in 1984. Halbrook traces the right to bear arms from ancient Greece and Rome to the English republicans, then to the American Revolution and Constitution, through the Reconstruction period extending the right to African Americans, and onward to today's controversies. With reviews of recent literature and court decisions, this new edition ensures that Halbrook's study remains the most comprehensive general work on the right to keep and bear arms.
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.
When considering the structures that drive the global diffusion of human rights norms, Brian Greenhill argues that we need to look beyond institutions that are explicitly committed to human rights and instead focus on the dense web of international government organizations (IGOs)-some big, some small; some focused on human rights; some not-that has arisen in the last two generations. While most of these organizations have no direct connection to human rights issues, their participation in broader IGO networks has important implications for the human rights practices of their member states. Featuring a rigorous empirical analysis, Transmitting Rights shows that countries tend to adopt similar human rights practices to those of their IGO partners, whether for better or worse. Greenhill argues that IGOs constitute a tightly-woven fabric of ties between states and that this network provides an important channel through which states can influence the behavior of others. Indeed, his analysis suggests that a policy of isolating "rogue" states is probably self-defeating given that this will reduce their exposure to some of the more positive IGO-based influences on their human rights. Greenhill's analysis of the role of IGOs in rights diffusion will not only increase our understanding of the international politics of human rights; it will also reshape how we think about the role of international institutions in world politics.
This book provides comprehensive coverage of the law and procedure of the European Court of Human Rights. It incorporates a step-by-step approach to the litigation process, covering areas such as lodging the initial application, seeking priority treatment, friendly settlement, the pilot judgment procedure, just satisfaction, enforcement of judgments, and Grand Chamber referrals. This new edition has been fully revised to take account of the latest developments in the Court's practice since 2010, including: the introduction (in 2014) of a mandatory application form; the updated Court Rules and practice directions; a more expansive approach to interim measures; the application of the 'no significant disadvantage' admissibility test and further applications of the exhaustion of domestic remedies rule and the six months' time limit; the steep rise in the use of unilateral declarations in striking cases out; developments in the use of 'Article 46' and pilot judgments; and the more extensive application of non-pecuniary measures of redress (including reinstatement to employment, disclosure of information and the protection of witnesses). This edition includes an expanded and up-to-date article-by-article commentary on the substantive law of the European Convention. Issues covered by the recent case-law include secret rendition, restrictions on in vitro fertilization, medical mistreatment, the treatment of migrants at sea and asylum procedures, states' extra-territorial jurisdiction, same-sex partnerships, and discrimination. There is new law on the rights of suspects, defendants and life sentence prisoners, and the duties owed to the victims of domestic violence, domestic servitude, and human trafficking. With such vast coverage and accessibility, this book is indispensable for anyone practising in this field.
The Cultural Defense of Nations presents a timely, thought-provoking thesis on some of the most pressing issues of our time-global immigration, majority groups, and national identity. Never in human history has so much attention been paid to human movement. Global migration yields demographic shifts of historical significance, profoundly shaking up world politics-as has been seen in the refugee crisis, the Brexit referendum, and the 2016 U.S. election. The Cultural Defense of Nations addresses one of the greatest challenges facing liberalism today: is a liberal state justified in restricting immigration and access to citizenship in order to protect its majority culture? Liberal theorists and human rights advocates recognize the rights of minorities to maintain their unique cultural identity, but assume that majorities have neither a need for similar rights nor a moral ground for defending them. The majority culture, so the argument goes, "can take care of itself." However, with more than 250 million immigrants worldwide, majority groups increasingly seek to protect what they consider to be their national identity. In recent years, liberal democracies have introduced proactive immigration and citizenship policies that are designed to defend the majority culture. This book shifts the focus from the prevailing discussion of cultural minority rights and, for the first time, addreses the cultural rights of majorities. It proposes a new approach by which liberal democracies can welcome immigrants without fundamentally changing their cultural heritage, forsaking their liberal traditions, or slipping into extreme nationalism. Disregarding the topic of cultural majority rights is not only theoretically wrong, but also politically unwise. With forms of "majority nationalism" rising and the growing popularity of extreme right-wing parties in the West, time has come to liberally address the new challenge.
Judicial independence, integrity and impartiality are crucial to public trust in the judiciary. Justice must also be seen to be dispensed fairly and without fear or favour. In the context of themes and perspectives as well as comparative theories of independence, this book provides a contemporary analysis of the role and independence of judges in 15 countries in the Asia-Pacific. Expert analyses include countries that are governed by authoritarian governments or are beset by dramatic government changes, which undermine judges by attacking and preventing their independence, to more democratic countries where there are strides towards judicial independence. The problems confronting judges and courts are explained and analysed, with the aim of establishing a commonality of standards which can be developed to strengthen and promote the important values of judicial independence, impartiality and integrity. Solutions for the Asia-Pacific region are also proposed.
Title 32 presents regulations governing grants, military and civilian personnel, military justice, security, defense contracting, closures and realignment, civil defense, environment, and other activities by the Department of Defense. Regulations specific to the Departments of the Army, Navy, and the Air Force; the Defense Logistics Agency; the Central Intelligence Agency; the Information Security Oversight Office; the National Security Council and other groups are included as well. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.
This book tells a story of Taiwan's transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan's voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court's introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan's NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan's human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions.
This book on human rights practices chronicles dramatic changes and the stories of the people defending human rights in the countries of Algeria, Egypt, Libya, Syria and Tunisia; with a focus on providing lawmaker's decisions on foreign military and economic aid. Respect for human rights is not a western construct or a uniquely American ideal; it is the foundation for peace and stability everywhere. Universal human rights include the right of citizens to assemble peacefully and to seek to reform or change their governments, a central theme around the world.
Designed primarily with the busy student in mind, the Constitutional Law Nutshell explains the key principles and concepts of constitutional law, as well as major court decisions on constitutional matters, in an easily comprehensible way that aids student learning. The Nutshell is framed with particular regard to students who seek a straightforward introduction to Constitutional Law, as well as those revising for exams. This text provides a useful springboard for the further study of cases and commentaries in this area. Key features: *An easy to understand, succinct overview of the key principles and cases arising from Irish Constitutional Law *Highlights the key cases and constitutional principles in an accessible and succinct manner *Traces recent developments and trends in Irish Constitutional Law *Include up to date discussion of the latest cases and recent changes to the Constitution New to this edition: *All chapters have been revised and updated to include recent developments in this area of law *Addresses recent changes to the Constitution including the introduction of the new Court of Appeal, the Children?s Amendment and the outcome of the Marriage referendum *Discussion of recent seminal cases such as McCrystal v Minister of Children and Youth Affairs  IESC 53, Fleming v Ireland  IESC 19, PP v HSE  IEHC 662, Callely v Moylan,  IESC 26, DPP v J.C.  IESC 31, Kerins v McGuinness  IEHC 34, and People (DPP) v Doyle  IESC 1 The author Dr Fergus Ryan LLB (Dub), PhD (Dub) is a senior lecturer in law at Maynooth University with many years? experience teaching and researching law. He has previously taught at DIT and at Trinity College, Dublin. His other publications include Contract Law (Nutshell) (Thomson Reuters Round Hall 2006) and The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (Annotated Legislation) (Thomson Reuters Round Hall 2011).
The contributions to this book analyse and submit to critique authoritarian constitutionalism as an important phenomenon in its own right, not merely as a deviant of liberal constitutionalism. Accordingly, the fourteen studies cover a variety of authoritarian regimes from Hungary to Apartheid South Africa, from China to Venezuela; from Syria to Argentina, and discuss the renaissance of authoritarian agendas and movements, such as populism, Trumpism, nationalism and xenophobia. From different theoretical perspectives the authors elucidate how authoritarian power is constituted, exercised and transferred in the different configurations of popular participation, economic imperatives, and imaginary community. Authoritarian Constitutionalism is of great interest to teachers, scholars and students of comparative constitutional law, comparative politics, and legal and political theory.
The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.
Winner, American Sociological Association Latino/a Section Distinguished Contribution to Research Book Award 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.
We live in an interconnected world in which expressive and religious cultures increasingly commingle and collide. In a globalized and digitized era, we need to better understand the relationship between the First Amendment to the United States Constitution and international borders. This book focuses on the exercise and protection of cross-border and beyond-border expressive and religious liberties, and on the First Amendment's relationship to the world beyond US shores. It reveals a cosmopolitan First Amendment that protects cross-border conversation, facilitates the global spread of democratic principles, recognizes expressive and religious liberties regardless of location, is influential across the world, and encourages respectful engagement with the liberty regimes of other nations. The Cosmopolitan First Amendment is the product of historical, social, political, technological and legal developments. It examines the First Amendment's relationship to foreign travel, immigration, cross-border communication and association, religious activities that traverse international borders, conflicts among foreign and US speech and religious liberty models, and the conduct of international affairs and diplomacy.
This book explores new thinking on constitutionalism, governance and regulation. This new thinking is emerging against the backdrop of constitutional restructuring in the UK and elsewhere as well as in the context of European Union developments. There are important issues emerging about regulation and democracy in all the other various sites of power - the European post-state arrangements, the "nation" state in its splintering forms, regions and cities, public and private space, the economy and the corporate world, and both formal and informal politics. This book seeks to engage with many of these.
The focus of the work is beyond the formal agenda of reform, looking instead at how ideas of constitutionalism and governance are undergoing a transformation and being expanded beyond traditional notions of the control of government and the liberal project of translating universal principles into common standards for the establishment of agreed functional institutions. The book brings together a number of authors who have, through their work, attempted to understand the multiple meanings of such changes for the future of constitutionalism and governance. In an environment of rapid change to formal constitutions, of new voices entering the continuing dialoge about constitutionalism and governance, these essays aim to recognize the complexity and fragmentation typical of modern times and emphasize the multi-layered nature and future development of cosmopolitan governance.
An exploration of why corruption exists, how governments can address the problem, the law on the subject, including bribery, misconduct in public office and anti-corruption legislation. Special emphasis is placed on the Contractors General in Belize and Jamaica, as important agencies in the anti corruption struggle. McKoy advances his own theories on anti corruption to advance the development of corruption free governments and politics.
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.
The first textbook to explain the full range of operations in Welsh governance and politics for AS, A2 and undergraduate studentsThis new textbook explains Welsh devolution through the use of case studies, critical analysis and clear explanations of processes and terms. As the Welsh Assembly moves towards becoming a Welsh Parliament and the Welsh Government fashions a Welsh policy agenda, distinct from Westminster, students of British politics will learn how Welsh politics works in practice and how it is evolving.Key featuresSpecially written by teachers and lecturers for students of Welsh government and politics on AS, A2 and undergraduate courses10 case studies illuminate the nature and analysis of Welsh politicsDetailed, critical analysis of the National Assembly and the law-making process explains how laws are made in Wales, which is different from the rest of the UK Divided into short, easy-to read sub-sections, with worked examples and analysis tailored to student needsIncludes a glossary of key terms that are essential to understanding Welsh government and politics but are hard to find in a Welsh context
Since "Roe v. Wade," abortion has continued to be a divisive political issue in the United States. In contrast, it has remained primarily a medical issue in Britain and Canada despite the countries' shared heritage. "Doctors and Demonstrators" looks beyond simplistic cultural or religious explanations to find out why abortion politics and policies differ so dramatically in these otherwise similar countries. Drew Halfmann argues that political institutions are the key. In the United States, federalism, judicial review, and a private health care system contributed to the public definition of abortion as an individual right rather than a medical necessity. Meanwhile, Halfmann explains, the porous structure of American political parties gave pro-choice and pro-life groups the opportunity to move the issue onto the political agenda. A groundbreaking study of the complex legal and political factors behind the evolution of abortion policy, "Doctors and Demonstrators" will be vital for anyone trying to understand this contentious issue.
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