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This book presents the case that liberal constitutionalism in the global South is a legacy of colonialism and is inappropriate as a means of securing effective peace in regions that have been subject to recurrent conflict. The work demonstrates the failure of liberal constitutionalism in guaranteeing peace in the postcolonial global South. It develops an alternative, more compelling constitutionalism for peacebuilding in conflicted regions. This is based on constitutionalism that recognises plurality as a major feature in the global South. Drawing on events in Nigeria, it develops a constitutional model, based on Cognitive Justice, which could deliver peace by addressing historic, conceptual, legal, institutional and structural issues that have created social inequality and injustice. The study also incorporates insights from the development of plurinational constitutions in South America. The book will be an invaluable resource for researchers, academics and policy-makers with an interest in constitutional legal theory, peacebuilding and postcolonial studies
The Constitution and the Future of Criminal Justice in America brings together leading scholars from law, psychology and criminology to address timely and important topics in US criminal justice. The book tackles cutting-edge issues related to terrorism, immigration and transnational crime, and to the increasingly important connections between criminal law and the fields of social science and neuroscience. It also provides critical new perspectives on intractable problems such as the right to counsel, race and policing, and the proper balance between security and privacy. By putting legal theory and doctrine into a concrete and accessible context, the book will advance public policy and scholarly debates alike. This collection of essays is appropriate for anyone interested in understanding the current state of criminal justice and its future challenges.
Shortly after 9:00 a.m. on May 27, 1947, the first of forty-nine men condemned to death for war crimes at Mauthausen concentration camp mounted the gallows at Landsberg prison near Munich. The mass execution that followed resulted from an American military trial conducted at Dachau in the spring of 1946 a trial that lasted only thirty-six days and yet produced more death sentences than any other in American history.
The Mauthausen trial was part of a massive series of proceedings designed to judge and punish Nazi war criminals in the most expedient manner the law would allow. There was no doubt that the crimes had been monstrous. Yet despite meting out punishment to a group of incontestably guilty men, the Mauthausen trial reveals a troubling and seldom-recognized face of American postwar justice one characterized by rapid proceedings, lax rules of evidence, and questionable interrogations.
Although the better-known Nuremberg trials are often regarded as epitomizing American judicial ideals, these trials were in fact the exception to the rule. Instead, as Tomaz Jardim convincingly demonstrates, the rough justice of the Mauthausen trial remains indicative of the most common and yet least understood American approach to war crimes prosecution. The Mauthausen Trial forces reflection on the implications of compromising legal standards in order to guarantee that guilty people do not walk free.
The Foundations of European Union Law provides an impressively clear and easily understood account of the constitutional and administrative law of the EU. Hartley examines the institutions, of the EU (including the workings of the European Courts), the Union legal system and the major constitutional issues before moving on to the area of administrative law and remedies. This new edition contains full coverage of the European financial crisis and the accession of Croatia to the European Union. The Foundations of European Union Law is renowned as a highly reliable and authoritative text valued by students and practitioners alike.
As Benjamin Franklin famously put it, Americans have a republic, if we can keep it. Preserving the Constitution and the democratic system it supports is the public's responsibility. One route the Constitution provides for discharging that duty-a route rarely traveled-is impeachment. Cass R. Sunstein provides a succinct citizens' guide to an essential tool of self-government. He illuminates the constitutional design behind impeachment and emphasizes the people's role in holding presidents accountable. Despite intense interest in the subject, impeachment is widely misunderstood. Sunstein identifies and corrects a number of misconceptions. For example, he shows that the Constitution, not the House of Representatives, establishes grounds for impeachment, and that the president can be impeached for abuses of power that do not violate the law. Even neglect of duty counts among the "high crimes and misdemeanors" delineated in the republic's foundational document. Sunstein describes how impeachment helps make sense of our constitutional order, particularly the framers' controversial decision to install an empowered executive in a nation deeply fearful of kings. With an eye toward the past and the future, Impeachment: A Citizen's Guide considers a host of actual and imaginable arguments for a president's removal, explaining why some cases are easy and others hard, why some arguments for impeachment have been judicious and others not. In direct and approachable terms, it dispels the fog surrounding impeachment so that Americans of all political convictions may use their ultimate civic authority wisely.
This timely and accessible book is the first to provide a thorough analysis of the 2008 Constitution of Myanmar (Burma) in its historical, political and social context. The book offers an in-depth exploration of the key elements of the 2008 Constitution in theory and practice. The book demonstrates how the history of constitution-making in Myanmar informs our understanding of the 2008 Constitution and indicates the credibility gap raised by the past process of constitution-making. The book identifies and articulates the principles of the Constitution through an analysis of legal and political processes since the 1990s. It highlights critical constitutional contestations that have taken place over fundamental ideas such as democracy, federalism, executive-legislative relations, judicial independence and the role of the Tatmadaw (armed forces). This book suggests that the 2008 Constitution is crucial to the establishment and maintenance of the military-state. The military-state promotes the leadership role of the military in governance, based on a set of ideological commitments and a centralised organisational basis of the Union. The constitutional vision offered by the 2008 Constitution and its associated institutions have been the subject of fierce contestation. Not least is debate over the militarisation of the state through direct and indirect means. Central to the future of the Constitution and the military-state in Myanmar is the role of the Tatmadaw, and the extent to which the country may shift from a highly centralised Union to a federal or decentralised system of governance.
Impeachment: What Everyone Needs to Know (R) is the step back and deep reflection on the law of impeachment that everyone needs now. Written in an accessible and lively question-and-answer format, it offers a timely explanation of the impeachment process from its very meaning to its role in politics today. The book defines the scope of impeachable offenses, and how the Constitution provides alternative procedures and sanctions for addressing misconduct in office. It explains why the only two presidential impeachments, those of Andrew Johnson and Bill Clinton, failed to lead to conviction, and how the impeachments of federal judges illuminate the law and politics of the process. As a legal expert and the only joint witness in the impeachment proceedings against President Clinton, author Michael J. Gerhardt also explores a question frequently asked-will Donald Trump be impeached? This book does not take a side in the debate over the possible impeachment of the president; instead, it is a primer for anyone eager to learn about impeachment's origins, practices, limitations, and alternatives.
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.
This acclaimed book provides a topical and contextual outline of the principles,doctrines and institutions that underpin the United Kingdom constitution. The third edition of The Constitution of the United Kingdom has been comprehensively revised and updated to take account of recent constitutional developments and debates. This includes: the revised framework for devolution following the 2014 referendum in Scotland, the constitutional ramifications of the realignment of UK politics reflected in the result of the 2015 general election and the debate over the possible replacement of the Human Rights Act 1998 with a British Bill of Rights. The chapters are written in sufficient detail for anyone coming to the subject for the first time to develop a clear and informed view of how the constitution is arranged and how it operates. The main themes include: discussion of the history, sources and conventions of the constitution; later chapters deal with: constitutional principles, the role of the Crown, Parliament and the electoral system, government and the executive, the constitutional role of courts including the protection of human rights, the territorial distribution of power between central, devolved and local government, and the European Union dimension. In addition, the book offers analysis of the evolution of the uncodified UK constitution, its strengths and perceived weaknesses, and of reforms aimed at its modernisation.
This book provides an overview of key legal issues raised by state laws regarding the denial or issuance of driver's licenses and other forms of ID to unlawfully present aliens. It addresses the legal issues raised by local governments issuing ID cards to unlawfully present aliens, as well as by state and local approaches to recognising foreign-issued ID documents. This book also discusses key legal issues pertaining to unlawfully present alien students' access to higher education, in-state tuition, and financial aid.
In recent times there has been a dramatic change in the nature and scope of constitutional justice systems in the global south. New or reformed constitutions have proliferated, protecting social, economic, and political rights. While constitutional courts in Latin America have traditionally been used as ways to limit power and preserve the status quo, the evidence shows that they are evolving into a functioning part of contemporary politics and a central component of a system of constitutional justice. This book lays bare the political roots of this transformation, outlining a new way to understand judicial design and the very purpose of constitutional justice. Authors Daniel M. Brinks and Abby Blass use case studies drawn from nineteen Latin American countries over forty years to reveal the ideas behind the new systems of constitutional justice. They show how constitutional designers entrust their hopes and fears to dynamic governance systems, in hopes of directing the development of constitutional meaning over time.
Through the Refugee Act of 1980, the United States offers the prospect of safety to people who flee to America to escape rape, torture, and even death in their native countries. In order to be granted asylum, however, an applicant must prove to an asylum officer or immigration judge that she has a well-founded fear of persecution in her homeland. The chance of winning asylum should have little if anything to do with the personality of the official to whom a case is randomly assigned, but in a ground-breaking and shocking study, Jaya Ramji-Nogales, Andrew I. Schoenholtz, and Philip G. Schrag learned that life-or-death asylum decisions are too frequently influenced by random factors relating to the decision makers. In many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns the application to an adjudicator. The system, in its current state, is like a game of chance.
Refugee Roulette is the first analysis of decisions at all four levels of the asylum adjudication process: the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. Original essays by eight scholars and policy makers then discuss the authors' research and recommendations
Contributors: Bruce Einhorn, Steven Legomsky, Audrey Macklin, M. Margaret McKeown, Allegra McLeod, Carrie Menkel-Meadow, Margaret Taylor, and Robert Thomas.
The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance. Scholars around the globe will be interested in this book's unique discussion of comparative constitutional theory, and students and college professors will appreciate the accessibility of the chapters and the placement of the United States in comparative focus.
The securitization that accompanied many national responses after 11 September 2001, along with the shortfalls of neo-liberalism, created waves of opposition to the growth of the human rights regime. By chronicling the continuing contest over the reach, range, and regime of rights, Contracting Human Rights analyses the way forward in an era of many challenges. Through an examination of both global and local challenges to human rights, including loopholes, backlash, accountability, and new opportunities to move forward, the expert contributors analyse trends across multiple-issue areas. These include; international institutions, humanitarian action, censorship and communications, discrimination, human trafficking, counter-terrorism, corporate social responsibility and civil society and social movements. The topical chapters also provide a comprehensive review of the widening citizenship gaps in human rights coverage for refugees, women's rights in patriarchal societies, and civil liberties in chronic conflict. This timely study will be invaluable reading for academics, upper-level undergraduates, and those studying graduate courses relating to international relations, human rights, and global governance.
It's a common complaint: the United States is overrun by rules and procedures that shackle professional judgment, have no valid purpose, and serve only to appease courts and lawyers. Charles R. Epp argues, however, that few Americans would want to return to an era without these legalistic policies, which in the 1970s helped bring recalcitrant bureaucracies into line with a growing national commitment to civil rights and individual dignity.
Focusing on three disparate policy areas--workplace sexual harassment, playground safety, and police brutality in both the United States and the United Kingdom--Epp explains how activists and professionals used legal liability, lawsuit-generated publicity, and innovative managerial ideas to pursue the implementation of new rights. Together, these strategies resulted in frameworks designed to make institutions accountable through intricate rules, employee training, and managerial oversight. Explaining how these practices became ubiquitous across bureaucratic organizations, Epp casts today's legalistic state in an entirely new light.
This book provides the most comprehensive and scientific assessment to date of what it means to appear before war crimes tribunals. This ground-breaking analysis, conducted with the cooperation of the International Criminal Tribunal for the former Yugoslavia (ICTY) Victims and Witnesses Section, examines the positive and negative impact that testifying has on those who bear witness to the horrors of war by shedding new light on the process. While most witnesses have positive feelings and believe they contributed to international justice, there is a small but critical segment of witnesses whose security, health, and well-being are adversely affected after testifying. The witness experience is examined holistically, including witness' perceptions of their physical and psychological well-being. Because identity (gender and ethnicity) and war trauma were central to the ICTY's mandate and the conflicts in the former Yugoslavia, the research explores in-depth how they have impacted the most critical stakeholders of any transitional justice mechanism: the witnesses.
Legal techniques and legal culture are strongly influenced by specific national traditions and institutions. In the case of European integration, legal procedure and practice have changed profoundly. In particular, this applies to countries which have recently joined the European Union and which have quickly adapted their national law to the law of the EU. How do practitioners and researchers deal with these changes? Is it possible to preserve national legal cultures in this process? Is a joint European legal technique developing? What does this mean for the quality of legislation, which is also a major concern of the EU? This collection - based on the proceedings of the Eighth Congress of the European Association of Legislation - examines these questions. The contributors clarify the practical difficulties arising from various legal technical approaches, languages, and legal cultures. At the same time, they show how the related challenges can be met. Thus, they make an important contribution for dealing with the development of legislation in Europe.
"Getting Immigration Right" focuses on what is arguably the most important aspect of the current immigration debate: how best to understand and resolve illegal immigration from Mexico. The scale and character of illegal immigration is only one facet of the "immigration problem" currently before Congress and the president, but it is its most contentious and visible face. It is also the one part of the contemporary immigration story that attracts the most intense opposition, the most widely disseminated mythologies, and the most powerfully advocated solutions. What to do about illegal immigration from Mexico is a major political question of our time.The book's wide-ranging and timely discussion includes legal and non-Mexican immigration. It sets the context of immigration before exploring the job experiences of illegal immigrants and their quest for the American dream. The contributors then focus on the causes and consequences-economic and social-of immigration, both legal and otherwise, and vividly describe the Latino experiences of illegality, including crossing the border and living in fear of deportation. In addition, the reform of immigration law is discussed from three distinct viewpoints: one conservative, one liberal, and one libertarian. The volume closes with its editors' own proposals for comprehensive immigration reform. With a foreword by Alejandro Portes, a professor of sociology at Princeton University and author of "Immigrant America: A Portrait."
Being spread across several statutes of varying antiquity and many judicial decisions, compulsory purchase and compensation law can appear daunting. This authoritative book is your single accessible volume to this complex and wide-ranging area of the law. The Law of Compulsory Purchase sets out the practice, procedure, policy and valuation of a compulsory purchase and allows you to find the answers you need quickly and easily. It provides a summarised statement of the law and contains full cross-referencing to the relevant cases, statutory provisions and policy circulars. It also includes a full explanation of the scope of powers to acquire land compulsorily and the exercise of the powers and principles of compensation. The practical structure and style ensures that the relevant statutory provisions and cases to the matters in issue are easy to find. It both simplifies what can be simplified and explains with clarity the difficult areas. This book should be on the desk of every practitioner who has to advise upon this branch of law and every advocate who has to present a case in which it arises.
Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition in support of human rights. He identifies those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. Relying on significant texts in the Qur'an and hadith, early juristic discourses and modern Islamic scholarship, Saeed explains the compatibilities and incompatibilities between Islamic law and international human rights law. He also deals separately with a number of specific rights that are usually considered somewhat incompatible with Islamic law, such as the rights of women and children, freedom of expression and religion and jihad and the laws of war. Each chapter also contains a case to allow readers to look more closely at issues of relevance. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights. Students of Islamic law, human rights and Islam in the modern period will appreciate this challenging but accessible look at an important topic.
What is the relationship between the strength of a country's democracy and the ability of its courts to address deficiencies in the electoral process? Drawing a distinction between democracies that can be characterised as 'dominant-party' (for example Singapore, Malaysia, and Hong Kong), 'dynamic' (for example India, South Korea, and Taiwan), and 'fragile' (for example Thailand, Pakistan ,and Bangladesh), this book explores how democracy sustains and is sustained by the exercise of judicial power. In dominant-party systems, courts can only pursue 'dialogic' pathways to constrain the government's authoritarian tendencies. On the other hand, in dynamic democracies, courts can more successfully innovate and make systemic changes to the electoral system. Finally, in fragile democracies, where a country regularly oscillates between martial law and civilian rule, their courts tend to consistently overreach, and this often facilitates or precipitates a hostile take-over by the armed forces, and lead to the demise of the rule of law.
It seems like there is no such thing as privacy anymore. But the truth is that privacy is in danger only because we think about it in narrow, limited, and outdated ways. In this transformative work, Ari Ezra Waldman, leveraging the notion that we share information with others in contexts of trust, offers a roadmap for data privacy that will better protect our information in a digitized world. With case studies involving websites, online harassment, intellectual property, and social robots, Waldman shows how 'privacy as trust' can be applied in the most challenging real-world contexts to make privacy work for all of us. This book should be read by anyone concerned with reshaping the theory and practice of privacy in the modern world.
This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of truth versus justice or stability versus accountability in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this edited book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. Authors use social movement, ideational, legal, path dependent, qualitative case study, statistical, and cross-national approaches in their chapters. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations, some well-known and others with little scholarly or advocacy exposure: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda, and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.
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