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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General
Food and nutrition security - identified via availability, access, utilization, and stability - and transitions to sustainable food systems are major discourses in the agro-food arena, as many countries today experience different forms of malnutrition simultaneously, such as child undernutrition, anemia among women, and adult obesity. Meanwhile, the triple burden of malnutrition (undernutrition, overnutrition, and micronutrient deficiency) is still widespread. Food Security and Nutrition explores integrated, context-specific approaches to food security challenges, emphasizing nutrition security as an integral component and addressing the implications of food content to food and nutrition security policies. Providing insight into these challenges through agricultural, policy, nutritional, geographic and sustainability lenses, Food Security and Nutrition is a valuable reference for food scientists and nutrition researchers working in food supply, food security, and nutrition security, and policy makers, investors, and other decision-makers seeking to address food insecurity around the world.
This book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.
The "imagined community" of the nation,which served as the affective basis for the post-French Revolution social contract, as well as its institutional counter-part, the welfare state, are currently under great stress as states lose control over what once was referred to as the "national economy" In this book a number of authors - historians, legal scholars, political theorists - consider the fate of national democracy in the age of globalization. In particular, the authors ask whether the order of European nation-states, with its emphasis on substantive democracy, is now, in the guise of the European Union, giving way to a more loosely constructed, often federalized system of procedural republics (partly constructed in the image of the United States). Is national parliamentary democracy being replaced by a politico-legal culture, where citizen action increasingly takes place in a transnational legal domain at the expense of traditional (and national) party politics? Is the notion of a nationally-bound citizen in the process of being superceded by a cosmopolitan legal subject?
This book offers a comprehensive systematic analysis of the European Union's Early Warning System (EWS) for subsidiarity, which was introduced by the Treaty of Lisbon. The book includes both a detailed theoretical analysis of the EWS as well as an assessment of how national parliaments have responded to EU legislative proposals under the system. Philipp Kiiver explores whether the EWS could function as a mechanism of legal accountability offering a partial remedy to the European Union's much-discussed accountability deficit. The Early Warning System for the Principle of Subsidiarity provides an overview of the historical developments of national parliamentary involvement in the EU and also considers the broader implications of the EWS, including its relationship to democracy and legitimacy. The book will be of particular interest to academics and students of EU Law, Constitutional Law and Political Science.
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.
The Constitution is the cornerstone of American government, hailed as one of the greatest contributions of the Western Enlightenment. While many seem content simply to celebrate it, those most familiar with the document invariably find it wanting in at least some aspects. This unique volume brings together many of the country's most esteemed constitutional commentators and invites them to answer two questions: First, what is the stupidest provision of the Constitution? "Stupid" need not mean evil. Thus, a second, related question is whether the scholar-interpreter would be forced to reach truly evil results even if applying his or her own favored theory of constitutional interpretation. The contributors include Lawrence Alexander, Akhil Reed Amar, Jack Balkin, Philip Bobbitt, Gerard Bradley, Rebecca Brown, Steven Calabresi, Lief Carter, Christopher Eisgruber, Lawrence Sager, Marie Failinger, Daniel Farber, James Fleming, Mark Graber, Stephen Griffin, Gary Jacobsohn, Randall Kennedy, Lewis LaRue, Theodore Lowi, Earl Maltz, Michael McConnell, Matthew Michael, Robert Nagel, Daniel Ortiz, Pamela Karlen, Michael Paulsen, Robert Post, Lucas Powe, Dorothy Roberts, Jeffrey Rosen, Frederick Schauer, Michael Seidman, Suzanna Sherry, David Strauss, Laurence Tribe, Mark Tushnet, and John Yoo.
Local government can be defined as a public entity acting as the sub-unit of a state or of a region, charged with the task of enforcing public policies. There have been many reforms of local government in recent years from the grassroots-led movement that took root in the 90's to the overarching effects of globalization and decentralization. Local governments must adapt their practices in order to most effectively provide for their constituents. Theoretical Foundations and Discussions on the Reformation Process in Local Government addresses the effects of recent reforms in the political-administrative system of local governments and politics as well as future outlooks. It reviews the challenges, innovations, and lessons from local governments while providing theoretical perspectives on methods for positive reform. This book is a critical reference source for policy makers, government organizations, professionals, and actors in both local and international politics.
On July 1, 2007, Hong Kong celebrated its tenth anniversary as a special administrative region of China. It also marked the first decade of its unique constitutional order in which Hong Kong courts continue to apply and develop the common law but the power of final interpretation of the constitution lies with the Standing Committee of the National People's Congress. This book is a collection of chapters by leading constitutional law experts in Hong Kong who examine the interpretive issues and conflicts which have arisen since 1997. Intervention by China in constitutional interpretation has been restrained but each intervention has had significant political and jurisprudential impact. The authors give varied assessments of the struggle for interpretive coherence in the coming decade.
The acquisition of increased powers by the European Parliament has raised the spectre of a "competition legislature" for national parliaments, and even the threat of a democratic deficit at the national level. At this moment, the author of this book suggests, it is vital to recognize and reinforce the ways in which the institutions of the European Union are politically accountable to member States. In this analysis of the participation by domestic legislatures in policy-making and legislative processes at the European level, Adam Jan Cygan focuses on the evolving means by which the legislatures of Germany and the United Kingdom are responding to the increased competence of the European Union. This technique allows him to highlight such factors as: the procedures of European scrutiny committees in the United Kingdom Houses of Parliament and the German Bundestag; the accountability of national ministers for decisions taken in the European Council of Ministers; the role of sub-national governments, as revealed in both the formal federal system of Germany and the devolved administrations of the United Kingdom, in European affairs; and the continuing impact of Treaty provisions and informal co-operation between member States. This text demonstrates that, contrary to some prevailing beliefs, national parliaments are not necessarily destined to become mere administrative institutions. In fact, the national initiatives and procedures analyzed here reveal a firm commitment to compel the attention of the European Commission and the European Parliament toward national and even sub-national accountability. However, as in all political matters, vigilance and tenacity are necessary to prevent erosion of democracy and national legislative competence. This book aims to enable all interested parties legislators, policy-makers, government officials at all levels, academics, and others to proceed knowledgeably and confidently in this important area.
Principles of French Constitutional Law offers a concise and accessible account of the key principles and rules of constitutional law in the French legal system. With its particular historical background since the chaotic post-revolutionary period and current specific mechanisms, French constitutional law offers a fascinating object of study for anyone interested in public law and the broader area of comparative constitutional studies. This textbook will equip students with an understanding of the current Fifth Republic and how constitutional rules are adopted and applied, and affect other areas of law and politics. It offers a critical account of the 1958 Constitution's past, present and future by placing it in its political and socio-historical contexts and critically assessing contemporary developments and constitutional reforms. Given the growing expansion of this branch of law in the French legal system (in particular the case law on the priority preliminary rulings on the issue of constitutionality) and the growing relevance of comparative legal studies, the book will make a significant contribution to the knowledge exchange in teaching and learning. Principles of French Constitutional Law will be structured around the following main themes: (i) The bases of French constitutional law with theoretical developments about key notions of constitutional law such as the state, the constitution, as well as historical background of French constitutional law (ii) The Fifth Republic of France with coverage of the main powers, namely executive, legislative and judiciary with particular emphasis on constitutional review and justice and (iii) A practical part on legal education dealing with the emergence of French constitutional law as an academic subject of research and teaching, as well as with the method of teaching as illustrated by typical legal exercises.
Judicial Interpretation of Tax Treaties is a detailed, comprehensive analytical guide to the interpretation of tax treaties at the national level. The book focuses on how domestic courts interpret and apply the OECD Commentary to the OECD Model Tax Convention on Income and on Capital. Adopting a global perspective, the book gives a systematic presentation of the main interpretive proposals put forward by the OECD Commentary, and analyses selected cases decided in domestic tax systems in order to assess whether and how such solutions are adopted through national judicial process, and indeed which of these are of most practical value. The book operates on two levels: Firstly it sets out a clear and comprehensive framework of tax treaty law, which will be an important tool for any tax practitioner. Secondly, the book provides crucial guidance on issues of tax treaty law as applied at domestic level, such as investment or business income, dispute resolution and administrative cooperation. Key features: - A detailed and structured introduction to the main issues of tax treaties - Ideal for practitioners requiring a grounding in the functioning of tax treaty law - Concise summaries of the relevant issues, cases, and problems for each discrete chapter - Offers a basic 'globalized' handbook that is missing in the current literature about judicial application of tax treaties. This comprehensive treatment of tax treaty law is a ready reference for tax practitioners, and an essential introduction for non-specialists. The book can also be used as a companion to courses in international taxation.
This edited volume in American constitutionalism places the Supreme Court's declaration of same-sex marriage rights in U.S. v. Windsor (2013) and Obergefell v. Hodges (2015) within the context of the Court's developing understanding of the legal and social status of marriage and the family. Leading scholars in the fields of political science, law, and religion examine the roots of the Court's affirmation of same-sex rights in a number of areas related to marriage and the family including the right to marry, equality and happiness in marriage, the right to privacy, freedom of association, property rights, parental power, and reproductive rights. Taken together, these essays evaluate the extent to which the Court's recent marriage rulings both break with and derive from the competing principles of American Constitutionalism.
Michael Taggart was the Alexander Turner Professor of Law in the University of Auckland, New Zealand until his retirement in 2008. He has worked extensively on public law, in particular administrative law, privatisation and the public/private law divide as well as on legal history. He has visited and taught at the Universities of Melbourne, New South Wales, Toronto, Cambridge, Paris II, Victoria at Wellington, Saskatchewan, Western Ontario, Queen's University at Kingston and Osgoode Hall Law School. This book of essays, dedicated to him by a group of his friends including academic colleagues, practitioners and judges, marks his enormous contribution to the common law.
In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. The judiciary should neither second-guess security policy nor interfere on constitutional grounds. In order to protect citizens, government can and should use any legal instrument that is warranted under ordinary cost-benefit analysis. The value gained from the increase in security will exceed the losses from the decrease in liberty. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.
'National constitutional identity' has become the new 'buzz word' in European constitutionalism over the past few years. Much has been written about the concept involving the Member States' national constitutional identities: it has been welcomed for (finally) accommodating constitutional particularities in EU law, demonised for potentially disintegrating the EU, and wielded as a 'sword' by certain constitutional courts. Scholars, judges and advocates general have rendered the concept currently so fashionable and yet so ambivalent that an in-depth analysis putting some order into the intense debate over constitutional identity is warranted. This collection brings together a series of contributions from the perspective of both scholars and judges in order to shed some light into the dark corners of constitutional identity. To this end a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts. First the book explores what constitutional identity means and who decides on it. The next contributions analyse (and at times unveil) the areas that might collide or at least interact with constitutional identity. Among other issues the authors touch upon EU law primacy, EU citizenship as a 'hard core' in opposition to the Member States' identities, the Charter of Fundamental Rights and its Article 53, and EU criminal law and the essential functions of the State. Finally, the chapters dealing with the case-law of European courts on national constitutional identity include the perspective of various national constitutional courts, such as those of Eastern and Central European Member States, the Court of Justice of the European Union, and the much less analysed European Court of Human Rights. With contributions by Alejandro Saiz Arnaiz and Carina Alcoberro, Jose Luis Marti, Constance Grewe, Roberto Toniatti, Rafael Bustos Gisbert, Giuseppe Martinico. Silvio Gambino, Monica Claes, Aida Torres Perez, Maribel Gonzalez Pascual, Daniel Sarmiento, Christian Tomuschat, Hector Lopez Bofill, Joel Rideau, Pablo Perez Tremps, Laurence Burgorgue-Larsen and Luis Lopez Guerra.
The United States Constitution provides in Article II, Section 4 that the President and other civil officers of the federal government are subject to removal from office upon impeachment by the House of Representatives and conviction by the Senate of treason, bribery and "other high Crimes and Misdemeanors." However, no authoritative definition of "high crimes and misdemeanors" was provided by the Framers either in the Constitution itself or in the debates at the constitutional convention. As a consequence, the meaning of "high crimes and misdemeanors" has been a subject of controversy beginning with the first impeachment and trial of Judge John Pickering in 1804 and continuing through the impeachment of President William Jefferson Clinton. The study seeks to discern the meaning of "high crimes and misdemeanors" not only from the record of the constitutional convention and the state ratifying conventions, together with history of British parliamentary impeachments and the experience of the American colonies and states which informed the Framers' adoption of "high crimes and misdemeanors" as grounds for removal of the President, but also from the circumstances that resulted in the impeachments of Presidents Andrew Johnson, Richard M. Nixon and Clinton, as Congress labored to give substance to the "high crimes and misdemeanors" standard.
Kent Greenawalt's From the Bottom Up constitutes a collection of articles and essays written over the last five decades of his career. They cover a wide range of topics, many of which address ties between political and moral philosophy and what the law does and should provide. A broad general theme is that in all these domains, what really is the wisest approach to difficult circumstances often depends on the particular issues involved and their context. Both judges and scholars too often rely on abstract general formulations to provide answers. A notable example in political philosophy was the suggestion of the great and careful scholar, John Rawls, that laws should be based exclusively on public reason. The essays explain that given uncertainty of what people perceive as the line between public reason and their religion convictions, the inability of public reason to resolve some difficulty questions, such as what we owe to higher animals, and the feeling of many that their religious understanding should count, urging exclusive reliance on public reason is not a viable approach. Other essays show similar problems with asserted bases for legal interpretations and the content of provisions such as the First Amendment.
Commonwealth Caribbean Administrative Law comprehensively explores the nature and function of administrative law in contemporary Caribbean society. It considers the administrative machinery of Caribbean States; Parliament, the Executive and the Judiciary. It then examines the basis for judicial review of executive and administrative action in the Caribbean by looking at the statutory provisions that underpin this and the plethora of case law emerging from the region. The book will also look to how the courts in the Commonwealth Caribbean have sought to define principles of administrative law. This book will also consider the alternative methods by which the rights of citizens are protected, including the use of tribunals and inquiries, as well as looking forward to the increasingly significant role of Caribbean Community law and bodies such as CARICOM and the OECS. |
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