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How would we treat Paddington Bear if he came to the UK today? Perhaps he would be made destitute as a result of extortionate visa application fees; perhaps he would experience a cruel term of imprisonment in a detention centre; or perhaps his entire identity would be torn apart at the hands of a hostile environment that seems to delight in the humiliation of its victims. Britain thinks of itself as a welcoming country, but the reality is, and always has been, very different. This is a system in which people born in Britain are told in uncompromising terms that they are not British, in which those who have lived their entire lives on these shores are threatened with the most unyielding of policies, and in which falling in love with anyone other than a British national can result in families being ripped apart. Here, citizens are called on to police each other, targets matter more than people, and death in detention centres is far from uncommon. In this vital and alarming book, campaigner and immigration barrister Colin Yeo tackles the subject with dexterity and rigour, offering a roadmap of where we should go from here as he exposes the iniquities of an immigration system that is unforgiving, unfeeling and, ultimately, failing.
Lobbying is about getting the right message to the right people in the right form at the right time. Even the most persuasive arguments or most influential groups will come up short if they aren't combined with personal connections and an understanding of human nature. How to Lobby Alaska State Government is a guide to the essentials of organizing and implementing a lobbying campaign in Alaska that recognizes how you lobby is as important as who you lobby. This book starts by helping new lobbyists to think politically, by explaining the structure and operation of state government, the psychology and needs of public officials, and where the power lies in Juneau--who's got political clout. How to Lobby then moves into the nitty-gritty of a lobbying campaign. It covers the basics of group influence, campaign planning and management, the pros and cons of various group tactics, tips on face-to-face meetings, and the challenges of lobbying day-to-day. In addition to extensive guidance on what to do, this book also emphasizes the things to avoid that will undermine or eliminate a lobbyist's chances of success. Pragmatic and portable, this book will be valuable to new and professional lobbyists both, and anyone looking for fresh perspectives on this important business.
This is the newest book in West's Global Issues series. It is a carefully condensed volume, designed to supplement constitutional law classes with international, comparative, and transnational law issues. It covers: constitutionalism, judicial review, horizontal and vertical separation of powers, and individual rights, including equal protection, due process, and free speech and religion. Professors can pick and choose among the topics, and the selections within the topics, inserting them as comparisons or elucidations in the core constitutional law courses. Carefully drafted note materials (and a teacher's manual) make the book self-contained, and easy to understand and introduce without additional background reading. This concise supplement expands the boundaries of the traditional constitutional law courses, presenting the world view that professors, students and lawyers practicing in the 21st century need to know. For more information visit the companion site.
The field of human rights and the environment has grown phenomenally during the last few years and this textbook will be one of the first to encourage students to think critically about how many environmental issues lead to a violation of existing rights. Taking a socio-legal approach, this book will provide a good understanding of both human rights and environmental issues, as well as the limitations of each regime, and will explore the ways in which human rights law and institutions can be used to obtain relief for the victims of environmental degradation or of adverse effects of environmental policies. In addition, it will place an emphasis on climate change and climate policies to highlight the pros and cons of using a human rights framework and to underscore its importance in the context of climate change. As well as identifying emerging issues and areas for further research, each chapter will be rich in pedagogical features, including web links to further research and discussion questions for beyond the classroom. Combining their specialisms in law and politics, Atapattu and Schapper have developed a truly inter-disciplinary resource that will be essential for students of human rights, environmental studies, international law, international relations, politics, and philosophy.
This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status of fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis, the book singles out three legal paradigms for interpreting the problem of emergency: the rights model, the extra-legal model and the procedural model. This systematic approach helps the reader develop a philosophical and legal overview of central issues in the jurisprudence on emergency.
In this rich study, Roxana Barbulescu examines the transformation of state-led immigrant integration in two relatively new immigration countries in Western Europe: Italy and Spain. The book is comparative in approach and seeks to explain states' immigrant integration strategies across national, regional, and city-level decision and policy making. Barbulescu argues that states pursue no one-size-fits-all strategy for the integration of migrants, but rather simultaneously pursue multiple strategies that vary greatly for different groups. Two main integration strategies stand out. The first one targets non-European citizens and is assimilationist in character and based on interventionist principles according to which the government actively pursues the inclusion of migrants. The second strategy targets EU citizens and is a laissez-faire scenario where foreigners enjoy rights and live their entire lives in the host country without the state or the local authorities seeking their integration. The empirical material in the book, dating from 1985 to 2015, includes systematic analyses of immigration laws, integration policies and guidelines, historical documents, original interviews with policy makers, and statistical analysis based on data from the European Labor Force Survey. While the book draws on evidence from Italy and Spain in an effort to bring these case studies to the core of fundamental debates on immigration and citizenship studies, its broader aim is to contribute to a better understanding of state interventionism in immigrant integration in contemporary Europe. The book will be a useful text for students and scholars of global immigration, integration, citizenship, European integration, and European society and culture.
This is a popular guide to the Freedom of Information Act, now updated in a new edition. Have you ever wanted to force open the secretive doors of government? This book provides all the tools you need. With a new foreword by Ian Hislop, it's also fully updated to include: new chapters on Scotland and the law in practice; tips for digging out information and new template letters; an expanded and updated directory; examples of case law that you can use in your quest for answers; and an expanded business chapter to help you get contracts, tenders and performance evaluations. Information is born free, but everywhere is in chains. Heather Brooke has written the Information Liberation Front guide to end the politicians' enslavement of the facts which belong to the public. Bravo. - Greg Palast, author of The Best Democracy Money Can Buy. Even with my knowledge of Britain's secretive and undemocratic system of government, I found this book to be an eye opener.
Pennsylvania Constitutional Development has proven to be the definitive study of the history of Pennsylvania's constitution in its first four incarnations. Rosalind Branning's critique, first published in 1960, reflects the movement that led to the constitution of 1968. After tracing the history of the 1776 constitution and its earliest revisions--in 1790 and 1838--Branning primarily focuses on the constitutional convention of 1872-73 and the resulting document of 1874, which endured for almost a century. She uses the published Debates, newspaper files, and the observations of contemporary writers and statesmen to provide a detailed and engaging study of the politics and leadership of the time. Her analysis demonstrates that this constitutional convention produced an instrument that was designed to meet nineteenth-century needs but would need significant revisions by future generations. Foreseeing the very issues that would be addressed in the 1967-68 constitutional convention, Branning identifies the elements that are necessary for successful constitutional lawmaking. The evolution of Pennsylvania's body of laws serves as a cogent example of the opportunities and foibles intrinsic to the process of defining effective governance of a state. Pennsylvania Constitutional Development remains an essential resource for students and historians, and should be read by anyone interested in the government of the Keystone State.
This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.
The first wave of democratization in the United States - the removal of property and taxpaying qualifications for the right to vote - was accompanied by the disenfranchisement of African American men, with the political actors most supportive of the former also the most insistent upon the latter. The United States is not unique in this respect: other canonical cases of democratization also saw simultaneous expansions and restrictions of political rights, yet this pattern has never been fully detailed or explained. Through case studies of the USA, the UK, and France, Disenfranchising Democracy offers the first cross-national account of the relationship between democratization and disenfranchisement. It develops a political institutional perspective to explain their co-occurrence, focusing on the politics of coalition-building and the visions of political community coalitions advance in support of their goals. Bateman sheds new light on democratization, connecting it to the construction of citizenship and cultural identities.
This innovative collection offers one of the first analyses of criminologies of the military from an interdisciplinary perspective. While some criminologists have examined the military in relation to the area of war crimes, this collection considers a range of other important but less explored aspects such as private military actors, insurgents, paramilitary groups and the role of military forces in tackling transnational crime. Drawing upon insights from criminology, this book's editors also consider the ways the military institution harbours criminal activity within its ranks and deals with prisoners of war. The contributions, by leading experts in the field, have a broad reach and take a truly global approach to the subject.
This book addresses the various ways in which modern approaches to the protection of national security have impacted upon the constitutional order of the United Kingdom. It outlines and assesses the constitutional significance of the three primary elements of the United Kingdom's response to the possibility of terrorism and other phenomena that threaten the security of the state: the body of counter-terrorism legislation that has grown up in the last decade and a half; the evolving law of investigatory powers; and, to the extent relevant to the domestic constitution, the law and practice governing international military action and co-operation. Following on from this, the author demonstrates that considerations of national security - as a good to be protected and promoted in contemporary Britain - are reflected not merely in the existence of discrete bodies of law by which it is protected at home and abroad, but simultaneously and increasingly leaked into other areas of public law. Elements of the constitution which are not directly and inherently linked to national security nevertheless become (by both accident and design) implicated in the state's national security endeavours, with significant and at times far-reaching consequences for the constitutional order generally. A renewed and strengthened concern for national security since September 2001 has, it is argued, dragged into its orbit a variety of constitutional phenomena and altered them in its image, giving rise to what we might call a national security constitution.
In 2010, Martin Loughlin, Professor of Public Law at the LSE, published Foundations of Public Law, 'an account of the foundation of the discipline of public law with a view to identifying its essential character'. The book has become a landmark in the field, and it has been said, notably by one of its major critics, that it now provides the 'starting point' for any deeper inquiry into the subject. The purpose of this volume is to engage critically with Foundations - conceptually, comparatively and historically - from the viewpoints of public law, private law, political, social and legal theory, as well as jurisdictional perspectives including the UK, US, India, and Continental Europe. Scholars also consider the legacy and continuing relevance of Foundations in the light of developments in transnational law, global law and regional integration in the European Union.
A towering and beloved figure in legal scholarship, Martha Minow explores the complicated intersection between law, justice and forgiveness, asking whether law should encourage individuals to forgive and when the courts, public officials and specific laws should forgive. Examining these questions through sometimes troubling cases with compassion and acumen, Minow acknowledges that there are grounds for both individuals and societies to withhold forgiveness but argues that there are also many places where letting go of justified grievances can make law more just, not less. This type of lawful forgiveness might also nudge individuals and societies towards the respect and generosity that comes with apology and restitution. Forgiveness does not change the past but it does enlarge the future.
For the third time in forty-five years, America is talking about impeaching a president, but the impeachment provisions of the American constitution are widely misunderstood. In High Crimes and Misdemeanors, constitutional scholar Frank O. Bowman, III offers unprecedented clarity to the question of impeachment, tracing its roots to medieval England through its adoption in the Constitution and 250 years of American experience. By examining the human and political history of those who have faced impeachment, Bowman demonstrates that the Framers intended impeachment to be a flexible tool, adaptable to the needs of any age. Written in a lively, engaging style, the book combines a deep historical and constitutional analysis of the impeachment clauses, a coherent theory of when impeachment should be used to protect constitutional order against presidential misconduct, and a comprehensive presentation of the case for and against impeachment of President Trump. It is an indispensable work for the present moment.
In Digital Data Collection and Information Privacy Law, Mark Burdon argues for the reformulation of information privacy law to regulate new power consequences of ubiquitous data collection. Examining developing business models, based on collections of sensor data - with a focus on the 'smart home' - Burdon demonstrates the challenges that are arising for information privacy's control-model and its application of principled protections of personal information exchange. By reformulating information privacy's primary role of individual control as an interrupter of modulated power, Burdon provides a foundation for future law reform and calls for stronger information privacy law protections. This book should be read by anyone interested in the role of privacy in a world of ubiquitous and pervasive data collection.
Non-disability mental conditions, such as personality disorders, can render a service member unsuitable for military service and can lead to an administrative separation. This book examines the extent to which the Department of Defense (DOD) and the military services are able to identify the number of enlisted service members separated for non-disability mental conditions, and the military services are complying with DOD requirements when separating enlisted service members for non-disability mental conditions, including personality disorders, and how DOD and the military services oversee such separations.
The Fourteenth Amendment to the Constitution, ratified in 1868, sought to protect the rights of the newly freed slaves; but its first important test did not arise until five years later. That test centered on a vitriolic dispute among the white butchers of mid-Reconstruction New Orleans.
The rough-and-tumble world of nineteenth-century New Orleans was a sanitation nightmare, with the city's slaughterhouses dumping animal remains into local backwaters. When Louisiana authorized a monopoly slaughterhouse to bring about sanitation reform, many independent butchers felt disenfranchised. Framing their case as an infringement of rights protected by the new amendment, they flooded the lower courts with nearly 300 suits. The surviving cases that reached the U.S. Supreme Court pitted the butchers' right to labor against the state's "police power" to regulate public health. The result was a controversial decision that for the first time addressed the meaning and import of the Fourteenth Amendment.
Speaking for the majority in the Court's 5-4 decision, Justice Samuel F. Miller upheld the state's actions as a fair use of its "police power." He also argued that the Fourteenth Amendment was intended exclusively as a means of protecting and redressing the suffering of former slaves. The result was a very restricted interpretation of the amendment's "privileges and immunities," "due process," and "equal protection" clauses. In striking contrast, the minority, led by Justices Stephen Field and Joseph Bradley, claimed that the Fourteenth Amendment had been intended to apply to all Americans, not just former slaves, and therefore protected the butchers' right to labor in their chosen profession.
Engagingly written and concisely crafted for students and general readers, this newly abridged edition provides a very accessible guide to one of the Supreme Court's most famous cases.
The US led programme of extraordinary rendition created profound challenges for the international system of human rights protection and rule of law. This book examines the efforts of authorities in Europe and the US to re-establish rule of law and respect for human rights through the investigation of the program and its outcomes. The contributions to this volume examine the supranational and national inquiries into the US CIA-led extraordinary rendition and secret detention programme in Europe. The book takes as a starting point two recent and far-reaching developments in delivering accountability and establishing the truth: First, the publication of the executive summary of the US Senate Intelligence Committee (Feinstein) Report, and second, various European Court of Human Rights judgments regarding the complicity of several state parties and the incompatibility of those actions with the European Convention of Human Rights and Fundamental Freedoms (ECHR). The collective volume provides the first stock-taking review of the state of affairs in the quest for accountability, and identifies significant obstacles in going even further -- as international law demands. It will be vital reading for students and scholars in a wide range of areas, including international relations, international law, public policy and counter-terrorism studies.
This book deals with the international law concerning overseas territories and the right of such territories to choose another relationship with their mother country. Many examples are studied, such as the British, French, American, Danish and New Zealand territories. May such islands choose to become independent, or to become an integral part of the mother country? Do they have the freedom to determine their own political status, to act on the international scene? The case of the Dutch territories in the Caribbean is dealt with in more detail, specifically their constitutional relationship to the Netherlands and the European Union. Through comparison of the different solutions that other states have chosen, a number of best practices are identified
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.
The decision made by the United Kingdom in 2016 to leave the European Union has produced shock waves across Europe and the world. Brexit calls into question consolidated assumptions on the finality of the EU, and simultaneously sparks new challenges. These new challenges are not only in regard of the constitutional settlements reached in the UK, notably in Scotland and Northern Ireland, but also on the future of European integration. Now that Article 50 of the Treaty on the European Union has been invoked, and the path towards full withdrawal by the UK from the EU remains clouded in uncertainties, a comprehensive legal and political analysis of how Brexit impacts on UK and the EU appears of the utmost importance. This book brings together leading lawyers, economists and political scientists to discuss the constitutional implications of Brexit and propose possible solutions for the way forward. The book is structured around four main themes. First, it considers how Brexit will be implemented legally and politically, in terms of the withdrawal and the possible new relations between the UK and the EU. Second, it examines the implications of Brexit on the constitutional structure of the UK, as well as on the status of Northern Ireland and the relations with the Republic of Ireland. Third, it examines the implications of Brexit on the constitutional structure of the EU, focusing on a number of key areas of EU policy-making, notably the Area of Freedom Security and Justice, the Single Market, and Economic and Monetary Union. Finally, the book looks to the mid to long-term future, and discusses the prospects for relaunching the EU after Brexit.
Unorthodox Lawmaking introduces students to the intricacies of Congress while also providing the tools to assess the relative successes and limitations of the legislative process. It explores the full range of special procedures and processes that make up the legislative process, as well as the reasons these unconventional routes evolved. New coverage also includes changes to the filibuster rules under Harry Reid, and the fiscal cliff and government shutdowns.
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