US Supreme Court Doctrine in the State High Courts challenges theoretical and empirical accounts about how state high courts use US Supreme Court doctrine and precedent. Michael Fix and Benjamin Kassow argue that theories that do not account for the full range of ways in which state high courts can act are, by definition, incomplete. Examining three important precedents - Atkins v. Virginia, Lemon v. Kurtzman, and DC v. Heller/McDonald v. Chicago - Fix and Kassow find that state high courts commonly ignore Supreme Court precedent for reasons of political ideology, path dependence, and fact patterns in cases that may be of varying similarity to those found in relevant US Supreme Court doctrine. This work, which provides an important addition to the scholarly literature on the impact of Supreme Court decisions, should be read by anyone interested in law and politics or traditional approaches to the study of legal decision-making.

Recent social and political developments, including the presidential elections in the United States, antidemocratic state policies in Hungary and Poland, and the political climate in the rest of Europe have brought questions relating to the position and composition of 'the people' in constitutional democracies to the forefront. This book confronts these questions head on as leading scholars across the fields of law, legal theory, political theory and history explore the contemporary problems facing constitutional democracies.With a strong focus on constitutional law, this book examines the legal as well as the political power of 'the people' in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and 'the people' from the angles of constitutional law, legal theory, political theory, and history. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Ranciere.

In this profound and fascinating book, the authors revisit an overlooked Supreme Court decision that changed forever how justice is carried out in the United States.
In 1906, Ed Johnson was the innocnet black man found guilty of the brutal rape of Nevada Taylor, a white woman, and sentenced to die in Chattanooga, Tennessee. Two black lawyers, not even part of the original defense, appealed to the Supreme Court for a stay of execution, and the stay, incredibly, was granted. Frenzied with rage at the deision, locals responded by lynching Johnson, and what ensued was a breathtaking whirlwind of groundbreaking legal action whose import, Thurgood Marshall would claim, "has never been fully explained." Provocative, thorough, and gripping, Contempt of Court is a long-overdue look at events that clearly depict the peculiar and tenuous relationship between justice and the law.

This book is dedicated to the nascent discussion of the legal aspects of human exploration and possible settlement of Mars, and provides fresh insights and new ideas in two key areas. The first one revolves around the broader aspects of current space law, such as intellectual property rights in outer space, the legal implications of contact with extra-terrestrial intelligence, legal considerations around the freedom of exploration and use, and the International Space Station agreement as a precedent for Mars. The second one focuses on the creation and management of a new society on Mars, and includes topics such as human reproduction and childbirth, the protection of human rights in privately-funded settlements, legal aspects of a Martian power grid, and criminal justice on the red planet. With multiple national space agencies and commercial enterprises focusing on Mars, it is more than likely that a human presence will be established on the red planet in the coming decades. While the foundation of international space law, laid primarily by the Outer Space Treaty, remains the framework within which humans will engage with Mars, new and unforeseen challenges have arisen, driven particularly by the rapid pace of technological advancement in recent years. To ensure that space law can keep up with these developments, a new scholarly work such as the present one is critical. By bringing together a number of fresh international perspectives on the topic, the book is of interest to all scholars and professionals working in the space field.

The Magna Carta is one of the most celebrated documents in English history and one of the British Library's greatest treasures. But despite this, the reinterpretations of it since 1215 have tended to obscure its real meaning for King John and his baronial opponents. Magna Carta was not intended to be a lasting declaration of legal principle, still less an embryonic code of human rights. It was a practical solution to a political crisis and it served the interests of the highest ranks of feudal society by reasserting the power of custom to limit arbitrary behaviour by the king. This work explores the context in which Magna Carta was issued to discover what it really meant to its creators and how it came to be an iconic historical document. This updated edition includes full colour illustrations.

This book offers a comprehensive introduction to China's judicial administration system. It presents in-depth analyses of the country's current judicial administration system, as well as a new theory on the system that is based on the realities of today's China, and provides guidance on reform. The book examines the system as a whole, as well as various specific aspects of judicial administration, putting forward bold theoretical proposals for improving China's judicial administration system and judicial system in general.

A searing manifesto for troubled times in India. "India is improbable. By any measure of logic or reason, it should not be. Not in this form. And yet it is." With this provocation, Justice Gautam Patel of the Bombay High Court sketches the exoskeleton of this improbability-the "Constitutional" idea of India. Justice Patel argues that the devolution of power is necessary for the survival of any liberal democracy, maintaining the idea that "the right to choose one's own government is the right to dissent." Decrying the portrayal of politics as sport, Patel elucidates the strategies and tactics used by "nimble" governments to enforce a culture of "broad-spectrum illiberalism." A champion of transparency in the judiciary, Patel argues that the Internet and the judiciary must serve as beacons in this age of precarity. A timely text that comes at a juncture where liberal democracies across the world are facing existential threats, Undermining the Idea of India is a searing manifesto for our troubled times.

Parliament, and the House of Commons in particular, is increasingly held in contempt by the British public. From attending parties during the Covid-19 lockdown to taking payment for lobbying, MPs undermine their credibility by acting as if the rules they set for others should not apply to them. Still far from representative of the country they govern from the ancient and crumbling Palace of Westminster, MPs appear detached from the lives led by their constituents - conducting their business according to rules and procedures that have become too complex for many of them to understand. Hannah White offers a perceptive critique of the shortcomings of the House of Commons, arguing that the reputation of the Commons is in a downward spiral - compounded by government attempts to side-line parliament during Brexit and the coronavirus pandemic. At a time of populist challenge to representative democracy, this book is an essential rallying cry for Members of Parliament to reform the House of Commons - equipping it to fulfil its important role as a cornerstone of our democracy - or see it fade into irrelevance. -- .

The book argues that there is in the US, Canada and UK, a general right to conscientious exemption available to a person who objects to any legal obligation whatsoever on the basis of a religious or non-religious conscientious belief. The book provides a liberal defence of this right and argues that it should be considered a defining feature of a liberal democracy. A general right to conscientious exemption is a legal right to conscientiously object to any obligation imposed by law and to receive from a court an exemption from complying with such obligation. The general right defended in the book is not an absolute right. A court may refuse to grant an exemption if doing so would disproportionately impact the rights of others or the public interest. The book suggests how the general right should be balanced against important rights, such as non-discrimination on the basis of sexual orientation.

This book offers new perspectives on British nuclear policy-making at the height of the Cold War, arguing that the decisions taken by the British government during the 1950s and 1960s in pursuit of its nuclear ambitions cannot be properly understood without close reference to Duncan Sandys, and in particular the policy preferences that emerged from his experiences of the Second World War and his efforts leading Britain's campaign against the V-1 and V-2. Immersing himself in this campaign against unmanned weaponry, Sandys came to see ballistic missiles as the only guarantor of nuclear credibility in the post-war world, placing them at the centre of his strategic thinking and developing a sincerely-held and logically-consistent belief system which he carried with him through a succession of ministerial roles, allowing him to exert a previously undocumented level of influence on the nature of Britain's nuclear capabilities and its approach to the Cold War. This book shows the profound influence Sandys' personal belief system had on Britain's attempts to acquire a credible nuclear deterrent.

The focus of this book is the legal analysis of the evolution of federal relationships from an asymmetric treaty-constitutional federation to a de facto unitary state. Questioned is whether it is worth returning to the asymmetric federative form, while the aim is to review the origins of federalism in the New Russia, assess the present de jure and de facto situations and analyze whether Russia has a chance of reviving federalism. Steps forward on the way to developed federal relationships in the 1990s have been replaced by steps backwards owing to unitary tendencies in the 2000s and the 2010s. But is this a sustainable state of affairs? The possible ways of framing relations between the center and the constituent units for the next four years and beyond are also discussed. This book is aimed at researchers and students in the field of comparative constitutional law, Russian studies and federal and regional studies. Gulnara R. Shaikhutdinova is Professor and Doctor of International Law in the Faculty of Law of Kazan (Volga Region) Federal University, Republic of Tatarstan, Russian Federation.

In an incisive analysis of over two dozen clauses as well as several 'unwritten' rules and practices, The Constitutional Origins of the American Civil War shows how the Constitution aggravated the sectional conflict over slavery to the point of civil war. Going beyond the fugitive slave clause, the three-fifths clause, and the international slave trade clause, Michael F. Conlin demonstrates that many more constitutional provisions and practices played a crucial role in the bloody conflict that claimed the lives of over 750,000 Americans. He also reveals that ordinary Americans in the mid-nineteenth century had a surprisingly sophisticated knowledge of the provisions and the methods of interpretation of the Constitution. Lastly, Conlin reminds us that many of the debates that divide Americans today were present in the 1850s: minority rights vs. majority rule, original intent vs. a living Constitution, state's rights vs. federal supremacy, judicial activism vs. legislative prerogative, secession vs. union, and counter-majoritarianism vs. democracy.

This book makes the case for a more legally literate society and then addresses why and how a law school might contribute to achieving that. Moreover examining what public legal education (PLE) is and the forms it can take, the book looks specifically at the ways in which a law school can get involved, including whether that is as part of an academic, credit-bearing, course or as extra-curricular activity. Divided into five main chapters, the book first examines the nature of PLE and why its provision is so central to the functioning of modern society. Models of PLE are then set out ranging from face-to-face tuition to the use of hard-copy material, including the growing importance of e-based technology. One model of PLE that has proven to be very attractive to law schools - Street Law - is described and analysed in detail. The book then turns to look at the considerations for a law school wishing to incorporate PLE into its offerings be that as part of the formal curriculum or not. The subject of evaluation is then raised - how might we find out if what we do by way of PLE is effective and how it might be improved upon? The final chapter reaches conclusions, some penned by the book's author and others drawn from key figures in the PLE movement. This book provides a thorough examination of PLE in a law school context and contains a set of templates that can be implemented and/or adapted for use as the situation and jurisdiction dictate. An accessible and compelling read, this book will be of interest to law students, legal academics, practising lawyers, community activists and all those interested in PLE.

Since 2001 the U.S. government has been engaged in the delicate balancing act of seeking to protect the country against terrorism, both foreign-connected and wholly domestic, while taking into account a number of constitutional protections that can all too easily be trammelled in the effort to assure domestic security. At the same time the development of these policies has created significant constitutional tension among the three branches of the federal government, especially when the President vigorously asserts claims of sweeping power as commander-in-chief in such a way as to raise warnings about the emergence of an imperial presidency. Simultaneously, the rule of law has been placed under stress as the technological prowess of the government has grown. This book addresses these topics in an accessible manner, covering the key developments of domestic security law related to terrorism. Tyll van Geel covers the essential elements of homeland security law including: branches of government and institutions involved in counterterrorism law; border control and immigration; surveillance; the searching of computers and cell phones; the prosecution of terrorists for any number of crimes, including cyberterrorism; military detention; the prosecution of unprivileged enemy belligerents in military commissions; and habeas corpus. The book is designed to offer a clear guide to current issues in domestic security in response to terrorism and will be a valuable guide for concerned citizens as well as undergraduate students studying domestic politics or national security.

This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory - including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre - address these questions in a timely and original way.

This book presents an interdisciplinary exploration of the governance of public procurement reform in Africa. Through a bottom-up approach to case studies and comparative analyses, scholars, practitioners, and social activists write about the organizational mechanisms and implementation gaps in public procurement governance in light of the general premises of national reform. Reforming the ways in which government purchases works, goods, and services from the private sector is one of the most sweeping policy reform undertaken in Africa in the past decade. Despite the transnational scope of policy change, very little is known about the mechanisms of public procurement governance at the subnational level. The argument in this volume is that policy reforms that mitigate contractual hazards along the three-dimensional "law-politics-business matrix" are more likely to bring about meaningful institutional transformation and broader social accountability. Key to substantive transformation of public procurement is the revitalization and professionalization of the public sector to meet the opportunities and challenges of development by contract.

Compulsory voting has operated in Australia for a century, and remains the best known and arguably the most successful example of the practice globally. By probing that experience from several disciplinary perspectives, this book offers a fresh, up-to-date insight into the development and distinctive functioning of compulsory voting in Australia. By juxtaposing the Australian experience with that of other representative democracies in Europe and North America, the volume also offers a much needed comparative dimension to compulsory voting in Australia. A unifying theme running through this study is the relationship between compulsory voting and democratic well-being. Can we learn anything from Australia's experience of the practice that is instructive for the development of institutional bulwarks in an era when democratic politics is under pressure globally? Or is Australia's case sui generis - best understood in the final analysis as an intriguing outlier?

First Published in 1993. Routledge is an imprint of Taylor & Francis, an informa company.

Although it is usually assumed that only the federal government can confer citizenship, localities often give residents who are noncitizens at the federal level the benefits of local citizenship: access to medical care, education, housing, security, labor and consumer markets, and even voting rights. In this work, Kenneth A. Stahl demonstrates that while the existence of these 'noncitizen citizens' has helped to reconcile competing commitments within liberal democracy to equality and community, the advance of globalization and the rise of nationalist political leaders like Donald Trump has caused local and federal citizenship to clash. For nationalists, localities' flexible approach to citizenship is a Trojan horse undermining state sovereignty from within, while liberals see local citizenship as the antidote to a reactionary ethnic nationalism. This book should be read by anyone who wants to understand why citizenship has become one of the most important issues in national politics today.

Inspired by the works of Professor Marcelo Neves, in this book colleagues come together to explore how their research has been influenced by non-European and post-colonial approaches. With a foreword by Karl-Heinz Ladeur, it features essays written by leading scholars in the fields of sociology of law and constitutional theory - including Hauke Brunkhorst, Dario Rodrigues, Kimmo Nuotio and Pablo Holmes. The content is divided into four sections, the first of which, "Law, State, and Global Crisis," covers topics related to the modern constitutional state, the crisis of global capitalism, and the global rule of law. The second, "Symbolic Constitutionalization," analyzes challenges to constitutionalism in the "Peripheral Modernity." The authors in the third section examine how the concept of "Transconstitutionalism" can shed new light on contemporary debates concerning global public law. In turn, the last section of the book, "Systems Theory and Public Law," addresses systems theory issues in the fields of legal history and administrative law. The book presents a relevant and original discussion encompassing such diverse fields as constitutional theory, international law, systems theory, and sociology of constitutions.

This book traces the expansion of Islamisation within a modern and plural state such as Malaysia. It elaborates on how elements of theology, sacred space, resources, and their interactivity with secular instruments such as legislative, electoral, and new social technological platforms are all instrumentally employed to consolidate a divine bureaucracy. The book makes the point that religious social movements and political parties are only few of the important agents of Islamisation in society. The other is the modern and secular state structure itself. Weber's legal rational bureaucracy or Hegel's ethical bureaucracy predominantly characterises a modern feature of governmentality. In this instance an Islamic bureaucracy is advantageously situated not only within an ambit of modernity and therefore legality, but divinity and therefore sacrality as well. This positioning gives religious state agents more salience than any other form of bureaucracy leading to their unquestioned authority in the current contexts of societies with Muslim majority rule. One of the requisites of this condition is the homogenisation of Islam followed by ring-fencing of its constituents. The latter can involve contestations with women, other genders, 'secular' Muslims, non-Muslims as well as dissenting Muslims with their differing truthful 'Islams'.

This book, based on empirical and quantitative research, assesses the development of openness in government affairs in China. The content is divided into five parts, namely a general report, special reports, assessment reports on government transparency, reports on the openness of government in specific fields and how openness in government affairs is locally practiced. Covering the country as a whole, the general report summarizes significant aspects of openness in government affairs at all levels regarding, e.g. decision-making, law enforcement, management, service, policy interpretation and responding to public concerns. In addition, the general report reveals some current problems and provides an outline of openness in government affairs for the future. Focusing on decision-making, social assistance, environmental protection, transport, education and other fields closely related to public interest and social attention, the book subsequently summarizes a number of special works concerning openness in government affairs. Furthermore, it conducts a special study on the standardized work of openness in government affairs, which has been actively pursued by departments of the State Council and local governments. In order to provide representative coverage on openness in government affairs, the book combines innovative measures, experiences and problems, while also sharing an in-depth analysis of the difficulties involved in openness for local governments, including examples from several provinces and cities.

This book includes guiding cases of the Supreme People's Court, cases deliberated on by the Judicial Committee of the Supreme People's Court and cases discussed at the Joint Meeting of Presiding Judges from various tribunals. This book is divided into three sections, including "Cases by Justices", "Cases at Judicial Committee" and "Typical Cases", which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear and accurate manner. This book presents cases selected by the trial departments of the Supreme People's Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People's Court, and to achieve the goal of "serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities , serving the rule of law in China", the China Institute of Applied Jurisprudence, with the approval of the Supreme People's Court, opts to publish "Selected Cases from the Supreme People's Court of the People's Republic of China" in both Chinese and English, for domestic and overseas distribution.

This book argues that in the digital era, a reinvention of democracy is urgently necessary. It discusses the mounting evidence showing that digitalisation is pushing classical parliamentary democracy to its limits, offering examples such as how living in a filter bubble and debating with political bots is profoundly changing democratic communication, making it more emotional, hysterical even, and less rational. It also explores how classical democracy involves long, slow thinking and decision processes, which don't fit to the ever-increasing speed of the digital world, and examines the technical developments some fear will lead to governance by algorithms.In the digitalised world, democracy no longer functions as it has in the past. This does not mean waving goodbye to democracy - instead we need to reinvent it. How this could work is the central theme of this book.