This volume argues that the crisis of the European Union is not merely a fiscal crisis but reveals and amplifies deeper flaws in the structure of the EU itself. It is a multidimensional crisis of the economic, legal and political cornerstones of European integration and marks the end of the technocratic mode of integration which has been dominant since the 1950s. The EU has a weak political and administrative centre, relies excessively on governance by law, is challenged by increasing heterogeneity and displays increasingly interlocked levels of government. During the crisis, it has become more and more asymmetrical and has intervened massively in domestic economic and legal systems. A team of economists, lawyers, philosophers and political scientists analyse these deeper dimensions of the European crisis from a broader theoretical perspective with a view towards contributing to a better understanding and shaping the trajectory of the EU.

This book considers the increasing trend towards a 'culture of control' in democratic countries. The post-9/11 counter-terrorism laws in nations such as the USA, the UK, Canada and Australia provide a stark demonstration of this trend. These laws share a focus on the pre-emption of crime, restrictions on the right to liberty of non-suspects, limited public access to information, and increased community surveillance. The laws derogate, in many respects, from the ordinary principles of the criminal justice system and fundamental human rights while also harnessing public institutions in the broader project of prevention and control. Distinctively, the contributors to this volume focus on the impact of these laws outside of the counter-terrorism context. The book draws together a range of experts in both public and criminal law, from Australia and overseas, to examine the effect of counter-terrorism laws on public institutions within democracies more broadly. Issues considered include changes to the role and functions of the courts, the expansion of executive discretion, the seepage of extraordinary powers and pre-emptive measures into other areas of the criminal law, and the interaction and overlap between intelligence and law enforcement agencies. Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 will be of interest to students and scholars of criminal law, criminology, comparative criminal justice, terrorism and national security, public law, human rights, governance and public policy.

Article 226 EC is the central mechanism of enforcement in the EC Treaty, and has remained unchanged since the original Treaty of Rome. It provides the European Commission, as guardian of the Treaty, with a broad power of policing Member States' conduct. Article 226 has been traditionally characterised as an arena of secretive negotiation focused on the sole function of effective enforcement. This study seeks to move beyond this approach by characterising Article 226 as a multi-functional mechanism within the Treaty. It does this by examining the central mechanism of enforcement through the normative lenses of legitimacy, good administration and good governance. Centralised Enforcement, Legitimacy and Good Governance in the EU is interdisciplinary in nature, examining law in its political context. It focuses on how the institutions interact and react to competing policy pressures, and explores the tensions that lie at the heart of legitimacy in the actions of public actors by engaging with concepts such as democracy, legitimacy and good administration. Scholars and policy-makers whose work explores Article 226 will find this work especially relevant. It will also appeal to those who are interested in enforcement and regulation in the international/EU arena, as well as those whose work considers concepts such as good governance, legitimacy, and accountability in the EU. It is also relevant to scholars engaged in the study of institutions and processes of interaction and change.

In 2000, the European Union adopted a Directive against discrimination on the grounds of racial or ethnic origin. This book provides an in-depth evaluation of the Race Directive and its effects, questioning how successful the Race directive has been. The EU Race Directive discusses the history of the fight against racial discrimination in the EU and the equality clauses in international Human Rights instruments. It then examines the terms race, racism and racial discrimination and equality in the Directive. The book also looks at the concepts of equality which can be distinguished in the Race Directive and in the subsequent developments at EU level. Examining whether the Directive has improved the protection against racial or ethnic origin discrimination for people within the EU, the book concludes with an assessment of how far the EU has come on the road to racial equality with the adoption of the Race Directive and the subsequent developments. It also contains proposals for possible improvements. The comprehensive and up-to-date analysis in this book goes beyond most other books written on the subject and the specific focus on racism and racial discrimination means a more thorough examination than most texts focusing on discrimination on a larger number of grounds. This book will be of great value to students and academics in (European) law, social sciences and human rights, researching racism, racial discrimination, ethnicity and race relations. It will also be useful for policy makers.

Touching on the laws and practices of a wide array of countries around the globe, this book examines the extent to which refugees and asylum-seekers' right to work is protected by international human rights law. The book examines a number of key international treaties, national constitutions and some foundational cases from national courts in order to make the case that the practise of restricting refugees and asylum-seekers access to the labour market is illegal. In so doing, the author examines some intricate legal questions, such as the interpretation of the Refugee Convention's provisions restricting rights to refugees 'lawfully staying', the application of racial discrimination to citizenship distinctions, and the ways in which limitations on human rights are applicable in this context. The book also looks at some broader philosophical questions such as the meaning of equality and human dignity, and the legitimacy of the right to work. The book goes on to explore broader debates concerning migration and 'open borders' in order to unpack the fears that drive many countries' restrictive measures. Readers are invited to consider whether the world would be a better place with more freedom of movement. It is a unique stand-alone treatment of the subject and includes the Michigan Guidelines on the Right to Work. Reworking the Relationship between Asylum-Seekers and Employment is written in an accessible style that will appeal to academics, policy-makers, practitioners and students. It combines a strong black-letter approach with a law in context approach that explains why the law takes its current shape and questions current orthodoxy.

This book considers the United Nations High Commissioner for Refugees contribution to international refugee law since the establishment of UNHCR by the United Nations General Assembly in 1951. The book explores the historical and statutory foundations that create an indelible link between UNHCR and international refugee law. This book charts the significant evolution that has occurred in the organisation s role throughout the last sixty years, looking at both the formal means by which UNHCR s mandate may be modified, and the techniques UNHCR has used to facilitate the changes in its role, thereby revealing a significant evolution in the organisation s role since the onset of the crisis in refugee protection in the 1980 s. UNHCR, itself, has demonstrated its organizational autonomy as the primary agent for the adaptation of its responsibilities and work related to international refugee law. The author does suggest however that UNHCR needs to continue to extend and strengthen its role related to international refugee law if UNHCR is to ensure a stronger legal framework for the protection of refugees as well as a fuller respect for refugees rights in practice.

UNHCR and International Refugee Law should be of particular interest to refugee lawyers as well as academics and students of refugee law and international law, and anyone concerned with the important role that UNHCR plays in the protection of refugees today.

The materials in "American Land Planning Law "are derived from decades of experience in teaching planning law at six planning schools and three law schools. Among the hypotheses included here, two are clearly vindicated in the reading. The first involves basic tenets in the approach referred to as "legal realism"--that courts play a major role in policy formation. A second hypothesis is implicit in the basic organizational principle of these materials, that planning problems arise from land use conflicts, and further, that courts have adopted distinctive policies on these conflicts. Norman Williams' organizational format is unique. The notes provided after each case have been omitted, due to a repetition that would result from what has already been said in the text. Instead, a list of questions is provided for the student to ponder, plus occasionally a necessary background, in order to focus attention on the essential turning point in each case. Williams also provides a complete list of cross-references to all standard treatises in the field, for those who wish to explore commentators' thoughts on the subject.

The scope of these materials provides an exploration of the substantive problems involved in land use law, and the legal techniques which have been evolved to deal with them. The definition of this field of law as embodied in these materials focuses on urban and suburban planning problems. A quite artificial distinction between land use law and environmental law has been observed. This is an essential text containing important land use cases and should be read by all legal analysts, urban theorists and planners, and public policymakers.

The materials in "American Land Planning Law "are derived from decades of experience in teaching planning law at six planning schools and three law schools. Among the hypotheses included here, two are clearly vindicated in the reading. The first involves basic tenets in the approach referred to as "legal realism"--that courts play a major role in policy formation. A second hypothesis is implicit in the basic organizational principle of these materials, that planning problems arise from land use conflicts, and further, that courts have adopted distinctive policies on these conflicts. Norman Williams' organizational format is unique. The notes provided after each case have been omitted, due to a repetition that would result from what has already been said in the text. Instead, a list of questions is provided for the student to ponder, plus occasionally a necessary background, in order to focus attention on the essential turning point in each case. Williams also provides a complete list of cross-references to all standard treatises in the field, for those who wish to explore commentators' thoughts on the subject.

The scope of these materials provides an exploration of the substantive problems involved in land use law, and the legal techniques which have been evolved to deal with them. The definition of this field of law as embodied in these materials focuses on urban and suburban planning problems. A quite artificial distinction between land use law and environmental law has been observed. This is an essential text containing important land use cases and should be read by all legal analysts, urban theorists and planners, and public policymakers.

This book critically examines the Human Rights Act 1998 (HRA) and evaluates its impact from a multi-disciplinary perspective. The book includes both a domestic and international analysis of the effectiveness of the HRA, and also considers possible future developments in policy and practise as well as contemplating the potential for a British Bill of Rights. The editors have collected pieces from contributors drawn from diverse spheres, all of whom are internationally recognised for their impact in the field of human rights law. Contributors include members of the bench in the United Kingdom and Australia, academics, researchers, members of NGOs, and campaigners as well as people's testimony of lived experiences in relation to the Human Rights Act. Valuable contributions from the likes of Costas Douzinas, Keith Ewing, Helen Fenwick, Lady Hale, Irene Khan, Michael Kirby, Francesca Klug, Peter Tatchell and others have resulted in a book which draws out the connections between legal framework, theory, and the actual experience of the protection afforded to groups and individuals by the HRA. Confronting the Human Rights Act 1998 will be of particular interest to scholars and students of Law, International Studies and Political Science.

In this Bancroft Prize-winning history of the Civil Rights movement in Atlanta from the end of World War II to 1980, Tomiko Brown-Nagin shows that long before "black power" emerged and gave black dissent from the mainstream civil rights agenda a name, African Americans in Atlanta questioned the meaning of equality and the steps necessary to obtain a share of the American dream. This groundbreaking book uncovers the activism of visionaries--both well-known figures and unsung citizens--from across the ideological spectrum who sought something different from, or more complicated than, "integration." Local activists often played leading roles in carrying out the agenda of the NAACP, but some also pursued goals that differed markedly from those of the venerable civil rights organization. Brown-Nagin documents debates over politics, housing, public accommodations, and schools. Exploring the complex interplay between the local and national, between lawyers and communities, between elites and grassroots, and between middle-class and working-class African Americans, Courage to Dissent transforms our understanding of the Civil Rights era.

Passed in 1873, the Comstock Act banned 'obscene' materials from the mail without defining obscenity, leaving it open to interpretation by courts that were hostile to free speech. Literature that reflected changing attitudes toward sexuality, religion, and social institutions fell victim to the Comstock Act and related state laws. Dr. Edward Bliss Foote became among the earliest individuals convicted under the law after he mailed a brochure on birth-control methods. For the next four decades, Foote Sr. and his son, Dr. Edward Bond Foote, challenged the Comstock Act in Congress, legislatures, and courts and also offered personal assistance to Comstock defendants. This book chronicles the Footes' struggle, examining not just the efforts of these cruising champions of freedom of expression and women's rights, but also the larger issues surrounding free speech and censorship in the Gilded Age of American history.

It has been frequently argued that democracy is protected and realized under constitutions that protect certain rights and establish the conditions for a functioning representative democracy. However, some democrats still find something profoundly unsettling about contemporary constitutional regimes. The participation of ordinary citizens in constitutional change in the world's most "advanced" democracies (such as the United States, Canada, and the United Kingdom) is weak at best: the power of constitutional reform usually lies in the exclusive hands of legislatures. How can constitutions that can only be altered by those occupying positions of power be considered democratically legitimate? This book argues that only a regime that provides an outlet for constituent power to manifest from time to time can ever come to enjoy democratic legitimacy. In so doing, it advances a democratic constitutional theory, one that combines a strong or participatory conception of democracy with a weak form of constitutionalism. The author engages with Anglo-American constitutional theory as well as examining the theory and practise of constituent power in different constitutional regimes (including Latin American countries) where constituent power has become an important part of the left's legal and political discourse. Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power will be of particular interest to legal/political theorists and comparative constitutional lawyers. It also provides an introduction to the theory of constituent power and its relationship to constitutionalism and democracy.

Islam, Europe and Emerging Legal Issues brings together vital analysis of the challenges that Europe poses for an expanding Islam and that Islam poses for Europe, within their ever-evolving religious, legal, and social environments. This book gathers some of the best thinking on Islam and the law affecting current and contested issues that can no longer be ignored, particularly as they have found their way before the European Court of Human Rights. Contributors include leading authorities who are working at the heart of this generation's law and religion questions in Europe and across the world. This book outlines implications for all those who look to Europe-from both within and without-for models of human rights implementation and multi-cultural accommodation.

This book is a comprehensive review and analysis of the reserve powers and their exercise by heads of state in countries that have Westminster systems. It addresses the powers of the Queen in the United Kingdom, those of her vice-regal representatives, and those of heads of state in the less studied realms and former colonies that are now republics. Drawing on a vast range of previously unpublished archival and primary material, The Veiled Sceptre contains fresh perspectives on old controversies. It also reveals constitutional crises in small countries, which have escaped the notice of most scholars. This book places the exercises of reserve powers within the context of constitutional principle and analyses how heads of state should act when constitutional principles conflict. Providing an unrivalled contemporary analysis of reserve powers, it will appeal to constitutional scholars worldwide and others involved in the administration of systems of responsible government.

The negative results of referenda on the European Union (EU) Constitutional Treaty in France and the Netherlands, and subsequent low-key adoption of the Treaty of Lisbon raise complex questions about the possible democratization of international organisations. This book provides a full analysis of the EU Constitutional Treaty process, grounded in broader political theoretical debates about democratic constitutionalisation and globalization.

As international organizations become permanent systems of governance that directly interfere in individuals lives, it is not enough to have them legitimated by the consent of governments alone. This book presents an evaluation of the present EU Treaty of Lisbon in comparison with the original EU Constitutional Treaty, and analyses the importance of consent of the people, asking if saving the treaty came at the cost of democracy. Drawing first-hand on the European Convention and the referendum in the Netherlands, this book outlines an original political theory of democratic constitutionalisation beyond the nation-state, and argues that international organizations can be put on democratic foundations, but only by properly engaging national political structures.

Learning from the EU Constitutional Treaty will be of interest to students and scholars of European Union politics, history and policy.

Due process protections are among the most important Constitutional protections in the United States, yet they do not apply to non-citizens facing detention and deportation. Due Process Denied describes the consequences of this lack of due process through the stories of deportees and detainees. People who have lived nearly all of their lives in the United States have been detained and deported for minor crimes, without regard for constitutional limits on disproportionate punishment. The court's insistence that deportation is not punishment does not align with the experiences of deportees. For many, deportation is one of the worst imaginable punishments.

In the last decade a new tool has been developed in the global war against official corruption through the introduction of the offense of "illicit enrichment" in almost every multilateral anti-corruption convention. Illicit enrichment is defined in these conventions to include a reverse burden clause which triggers an automatic presumption that any public official found in "possession of inexplicable wealth" must have acquired it illicitly. However, the reversal of the burden of proof clauses raises an important human rights issue because they conflict with the accused individual 's right to be presumed innocent. Unfortunately, the recent spate of international legislation against official corruption provides no clear guidelines on how to proceed in balancing the right of the accused to be presumed innocent against the competing right of society to trace and recapture illicitly acquired national wealth.

Combating Economic Crimes therefore sets out to address what has been left unanswered by these multilateral conventions, to wit, the level of burden of proof that should be placed on a public official who is accused of illicitly enriching himself from the resources of the State, balanced against the protection of legitimate community interests and expectations for a corruption-free society. The book explores the doctrinal foundations of the right to a presumption of innocence and reviews the basic due process protections afforded to all accused persons in criminal trials by treaty, customary international law, and municipal law. The book then goes on to propose a framework for balancing and situationalizing competing human rights and public interests in situations involving possible official corruption.

With this book, the authors provide a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. They offer step-by-step approaches for maximizing the institutions 'intended effect' promotion of human rights at all levels. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. The authors are able to offer guidance on how to work within international criminal and human rights mechanisms in a way that is useful to non-government actors and applies to English-speaking practitioners almost anywhere on the globe. These pages will serve as an indispensable manual for human rights practitioners, defenders and lawyers, members of non-governmental organizations engaged in advocacy and the students, scholars and faculty of law schools.

Bio-Privacy: Privacy Regulations and the Challenge of Biometrics provides an in-depth consideration of the legal issues posed by the use of biometric technology. Focusing particularly on the relationship between the use of this technology and the protection of privacy, this book draws on material across a range of jurisdictions in order to explore several key questions. What are the privacy issues in the biometric context? How are these issues currently dealt with under the law? What principles are applied? Is the current regulation satisfactory? Is it applied consistently? And, more generally, what is the most appropriate way to deal with the legal implications of biometrics? Offering an analysis, and recommendations, with a view to securing adequate human rights and personal data protection, Bio-Privacy: Privacy Regulations and the Challenge of Biometrics will be an important reference point for those with interests in the tension between freedom and security.

This book examines the application of UK Criminal and Human Rights Law to people and circumstances outside the United Kingdom. Building upon previous analyses which have focused on a single aspect of extraterritorially, this book examines the fields of Criminal and Human Rights law as the two main areas of non-private law which are frequently applied across borders. Both fields are placed in context before being drawn together in a coherent and systematic way. The book examines recent law and practice, as well as historic developments and explores the concept of enforcement. The author's analysis includes coverage of topics such as the criminalisation of sex-tourism, the extradition of white-collar criminals and the application of human rights law to Iraq following American and British intervention in the region. Law Across Borders goes on to point the way forward in the development of the extraterritorial application of public law, and suggests ways in which greater coherence can be achieved. This book will be of particular interest to practitioners, academics and scholars of International Law, Human Rights Law and Criminal Law. It is unique in its ambition to offer a comprehensive description and analysis of the extra-territorial application of UK Human Rights Law and Criminal Law in a single text.

Freedom of Information (FOI) in China is often perceived as a recent and intriguing phenomenon. This book presents a more complex and detailed understanding of the evolution of FOI in China, using information flow analysis to explore the gradual development of government receptivity to FOI in an information environment through time. The book argues that it is necessary to reassess the widely divergent origins of FOI reform in China, and asserts that social, political and legal factors should have central roles in understanding the development of FOI in China. The book uses information flow analysis to find that FOI reform in China formed part of a much longer process of increased transparency in the Chinese information environment, which gradually shifted from the acceptance of proactive disclosure to that of reactive disclosure. FOI thus has become a beneficiary of this gradual transformation of the Chinese information environment.

In many regions around the world, the governance of migration increasingly involves local authorities and actors. This edited volume introduces theoretical contributions that, departing from the 'local turn' in migration studies, highlight the distinct role that legal processes, debates, and instruments play in driving this development. Drawing on historical and contemporary case studies, it demonstrates how paying closer analytical attention to legal questions reveals the inherent tensions and contradictions of migration governance. By investigating socio-legal phenomena such as sanctuary jurisdictions, it further explores how the law structures ongoing processes of (re)scaling in this domain. Beyond offering conceptual and empirical discussions of local migration governance, this volume also directly confronts the pressing normative questions that follow from the growing involvement of local authorities and actors. This title is also available as Open Access on Cambridge Core.

Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent-and limits-of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.

Linking critical legal thinking to constitutional scholarship and a practical tradition of US lawyering that is orientated around anti-poverty activism, this book offers an original, revisionist account of contemporary jurisprudence, legal theory and legal activism. The book argues that we need to think in terms of a much broader inheritance for critical legal thinking that derives from the social ethics of the progressive era, new left understandings of "creative democracy" and radical theology. To this end, it puts jurisprudence and legal theory in touch with recent scholarship on the American left and, indeed, with attempts to recover the legacies of progressive era thinking, the civil rights struggle and the Great Society. Focusing on the theory and practice of poverty law in the period stretching from the mid-1960s to the present day, the book argues that at the heart of both critical and liberal thinking is an understanding of the lawyer as an ethical actor: inspired by faith or politics to appreciate the potential and limits of law in the struggle against economic inequality.

The Second Amendment, by far the most controversial amendment to the US Constitution, will soon celebrate its 225th anniversary. Yet, despite the amount of ink spilled over this controversy, the debate continues on into the 21st century. Initially written with a view towards protecting the nascent nation from more powerful enemies and preventing the tyranny experienced during the final years of British rule, the Second Amendment has since become central to discussions about the balance between security and freedom. It features in election contests and informs cultural discussions about race and gender. This book seeks to broaden the discussion. It situates discussion about gun controls within contemporary debates about citizenship, culture, philosophy and foreign policy as well as in the more familiar terrain of politics and history. It features experts on the Constitution as well as chapters discussing the symbolic importance of Annie Oakley, the role of firearms in race, and filmic representations of armed Hispanic girl gangs. It asks about the morality of gun controls and of not imposing them. The collection presents a balanced view between those who favour more gun controls and those who would prefer fewer of them. It is infused with the belief that through honest and open debate the often bitter cultural divide on the Second Amendment can be overcome and real progress made. It contains a diverse range of perspectives including, uniquely, a European perspective on this most American of issues.