This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary's role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica. Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performed at a distance from political bodies, goes far enough to guarantee that the administration exercises its powers in a legitimate way. This publication searches for new modes of judicial review of administrative discretion exercised in the administrative state. It links state-of-the-art academic research on the role of courts in the administrative state with the daily practice of the higher and lower administrative courts struggling with their position in the evolving administrative state. The book concludes that with the changing role and forms of the administrative state, administrative courts across the world and across sectors are in the process of reconsidering their roles and the appropriate models of judicial review. Learning from the experiences in different sectors and jurisdictions, it provides theoretical and empirical foundations for reflecting on the advantages and disadvantages of different models of review, the constitutional consequences and the main questions that deserve further research and debate. Jurgen de Poorter is professor of administrative law at Tilburg University and deputy judge in the District Court of The Hague. Ernst Hirsch Ballin is distinguished university professor at Tilburg University, professor in human rights law at the University of Amsterdam, and president of the T.M.C. Asser Institute for International and European Law. He is also a member of the Scientific Council for Government policy (WRR). Saskia Lavrijssen is professor of Economic Regulation and Market Governance of Network Industries at Tilburg University.

The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge--Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim--Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence--sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.

David Long traces the cause of the 1975 constitutional crisis to the influence of English legal positivism, a theory which isolates the meaning from the political scheme the text was framed to support. He shows the fundamental premise of a Constitution, framed in Convention, ratified by the people that cannot be altered without their consent, the consent of the governed. Legal positivism was adopted by the High Court in 1920 when it abolished the federal scheme and therewith the sovereign States. The responsible judge had opposed federalism at the 1897 Convention. Long examines two juristic opinions that excused the Governor-General's 1975 unprecedented dismissal of a government with the confidence of the House of Representatives. He identifies their reliance on legal positivist constitutional interpretations that are expressly rejected by the Founders. Long provides a theoretical defense of the Founders original understanding as the object of constitutional construction.

Fascinating and entertaining tales of cases and trials from the Birmingham Court of Requests (such as "The meek husband and the bouncing wife," "The servant and his two masters"); a witchcraft trial held before Sir Matthew Hale, 1664, taken down by an attendant at the proceedings; and six New England Salem witchcraft trials from 1692. CONTENTS PART I. CASES IN THE BIRMINGHAM COURT OF REQUESTS Introduction I.The Pleasures of Matrimony II.The Sturdy Club III.The Carrier IV.The Executor V.A Judge may Quit the Line of Justice VI.Match a Knave VII.The Second-hand Wife VIII.Defective Powers IX.ABC X.The Servant and his Two Masters XI.Warning XII.The Meek Husband and the Bouncing Wife XIII.The Lovers XIV.Landlord and Tenant XV.Queer Aspects XVI.The Privilege of a Cockade XVII.The Power of Beauty XVIII.The Hundred-Pound Note XIX.The Merchant and the Button-Maker XX.The Fee XXI.The Reckoning XXII.A Quarter too Late XXIII.The Bastard XXIV."TheTempest," as it was acted by their Majesties' Servants at the Theatre in Birmingham XXV.The Female Contest XXVI.The Hundred-Tongue Club XXVII.Character XXVIII.The Name Unknown XXIX.The Female Note XXX.The Widowed Wife XXXI.The Bench Stormed XXXII.The Coat and many Owners XXXIII.The Cloud of Witnesses XXXIV.A Club Conducted without a Man XXXV.The Stamp XXXVI.The Stumbling Wife XXXVII.The Collector XXXVIII.The Hunted Jew XXXIX.A Picture of Man from the Life XL.The Necessity of Marrying XLI.The Necessity of Unmarrying XLII.The Forsaken Fair XLIII.Betty John PART II. WITCH TRIALS Introduction An Abstract of Mr. Perkins's Way for the Discovery of Witches The Sum of Mr. Gaule's Judgment about the Detection of Witches Bernard of Batcomb's "Guide to Grand Jurymen" TRIALS OF THE NEW ENGLAND WITCHES I. The Trial of G. B. at a Court of Oyer and Terminer, held in Salem, 1692 II. The Trial of Bridget Bishop, alias Oliver, at the Court of Oyer and Terminer, held at Salem, June 2, 1692 III. The Trial of Susanna Martin, at the Court of Oyer and Terminer, held by Adjournment at Salem, Jane 29, 1692 IV. The Trial of Elizabeth How, at the Court of Oyer and Terminer, held by Adjournment at Salem, June 30, 1692 V. The Trial of Martha Carrier, at the Court of Oyer and Terminer, held by Adjournment at Salem, August 2, 162 A FURTHER ACCOUNT OF THE TRIALS OF THE NEW ENGLAND WITCHES A True Narrative, collected by Deodat Lawson, relating to Sundry Persons afflicted by Witchcraft at Salem Village in New England, from the 19th of March to the 5th of April, 1692 Remarks of Things more than Ordinary about the Afflicted Persons Remarks concerning the Accused A Further Account of the Trials of the New England Witches, sent in a Letter from thence to a Gentleman in London A TRIAL OF WITCHES BEFORE SIR MATTHEW HALE AT BURY ST. EDMUNDS, 1664 PART III. AMUSING ACTIONS AT LAW

From a legal-philosophical point of view, The Redress of Law presents a critical analysis of a number of related doctrinal fields: constitutional, labour and EU Law. Focusing on the organisation and protection of work, this book asks what it means to protect work as an essential aspect of human (individual and collective) flourishing. This is an ambitious and highly sophisticated intervention in contemporary academic and political debates around a set of critically important questions connected to processes of globalisation and market integration. The author redefines the nature of legal and political thought in an age in which market rationality has exceeded its classic domain and has come to pervade the organization of social and political life. This restatement of critical legal theory is intended to defend the concept of constitutionalism and suggest new ways to deploy the law strategically.

This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.

The Delaware State Constitution is the first state constitution drafted by a convention composed of popularly elected representatives, and it is rich with history and tradition. The Delaware Bill of Rights has remained almost exactly the same since 1792, and it has enacted specific provisions whereby its three branches of government operate differently from the federal system. The Delaware State Constitution provides an outstanding constitutional and historical account of the state's basic governing charter. In it, Judge Randy Holland begins with an overview of Delaware's constitutional history. He then provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made over the years. Justice Holland's learned treatment, along with the list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of Delaware's constitution. This second edition includes all amendments to the Delaware Constitution since 2002 and all significant court decisions interpreting any provision in the Delaware Constitution that have been issued since 2002. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

In recent years, feminist theory has increasingly defined itself in opposition to universalism and to discourses of human rights. Rejecting the troubled legacies of Enlightenment thinking, feminists have questioned the very premises upon which the international human rights movement is based. Rather than abandoning human rights discourse, however, this book argues that feminism should reclaim the universal and reconstruct the theory and practice of human rights. Discourse ethics and its post-metaphysical defence of universalism is offered as a key to this process of reconstruction. The implications of discourse ethics and the possibility of reclaiming universalism are explored in the context of the reservations debate in international human rights law and further examined in debates on women's human rights arising in Ireland, India and Pakistan. Each of these states shares a common constitutional heritage and, in each, religious-cultural claims, intertwined with processes of nation-building, have constrained the pursuit of gender equality. Ultimately, this book argues in favour of a dual-track approach to cultural conflicts, combining legal regulation with an ongoing moral-political dialogue on the scope and content of human rights.

By exploring different approaches to the study of labour law, this book re-evaluates how it is conceived, analysed, and criticized in current legislation and policy. In particular, it assesses whether so-called 'old ways' of thinking about the subject, such as the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s, are in fact outdated. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. Dukes argues that the labour constitution can provide an 'enduring idea of labour law', and an alternative to modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. Unlike the 'law of the labour market', the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It constructs a framework for analysing labour laws, labour markets, and institutions, to allow scholars to critique the current policy climate and, in light of the ongoing expansion of the global labour market, assess the impact of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making on workers' rights.

"The Making of a German Constitution" is one of the first books to explore the important place of the theory and practice of private law (civil law) in the transformation of Modern Germany's fin-de-siecle constitutional arrangements.

Reading sources from early nineteenth-century private law scholarship, the book offers a thought-provoking and novel understanding of German political development. The author argues that the German idea of sovereignty grew out of a dual conception of law not only as the product of socio-political transformation, but also as a means to it.

In the short term, a modern social and political system in Germany was attained through non-violent means and the domestic authority of the Kaiser was severely limited by law. However, the exclusive bourgeois socio-political arrangements that were installed in this era led to considerable discontent in German society, particularly with regard to gender and class tensions. The "slow Burgerliche Revolution" thus contributed to the traumatic ruptures that mark German history in the first third of the twentieth century.

This book provides a comprehensive analysis of the impact of populism on the European democratic polity. In the last two decades, European democracies have come under strain amid growing populism. By asserting the superiority of the majority over the law, of direct democracy over representation, and claiming the necessity to defend national sovereignty against foreign interferences, the populist conception of democracy is in stark contrast with the longstanding Western notion of liberal democracy. This volume investigates populist attempts to radically change what Bobbio called the "rules of the game" of democracy from an eminently legal perspective. Weaving together normative and empirical analysis, the contributions focus on the institutions that have suffered the most from the rise of populism as well as those that have better resisted the populist tide. Special attention will be paid to the Venice Commission's opinions and documents, as they represent the best European standards to evaluate the extent to which populism deviates from constitutional democracy requirements. The book also considers the responses of European States to the explosion of the COVID-19 pandemic. The COVID-19 pandemic has indeed been an accelerator of known and studied trends in most constitutional systems, such as the concentration of powers in the executive hands and the consequential loss of parliament's centrality. Various forms of populism across Europe have thus found an ideal breeding ground to implement their agenda of granting the executive broad regulatory and decision-making powers while loosening parliamentary and judicial checks. Against this backdrop, the book analyses how European democracies should adapt to the challenges posed by the pandemic, as this reflection can help respond to populist threats and propose a way forward for liberal democracy.

This book examines theories of language for their contribution to understanding the interpretation of constitutional law by the Supreme Court.

The aim of this book is to assess recent developments in international law seeking to bring an end to impunity by bringing to justice those accused of war crimes and crimes against humanity. The book was originally conceived while the editors were engaged, in different capacities, in proceedings relating to the detention of Senator Pinochet in London. The vigorous public debate that attended that case - and related developments in international criminal justice, such as the creation of the International Criminal Court and the trial of former President Milosevic - demonstrate the close connections between the law and wider political or moral questions. In the field of international criminal justice there appeared, therefore, a clear need to distinguish legal from essentially political issues - promoting the application of the law in an impartial and apolitical manner - while at the same time enabling each to legitimately inform the development of the other. The essays in this volume, written by internationally recognised legal experts: scholars, practitioners, judges - explore a wide range of subjects, including immunities, justice in international and mixed courts, justice in national courts, and in a particularly practical section, perspectives offered by experienced practitioners in the field. "This is a welcome collection of papers on criminal justice both at the international and the national level...a book which fills many gaps and adds considerable value by discussing wider policy and moral issues; it is to be recommended to all who are interested in the development of international criminal justice." Elizabeth Wilmshurst, International Affairs

Food Safety Management: A Practical Guide for the Food Industry, Second Edition continues to present a comprehensive, integrated and practical approach to the management of food safety throughout the production chain. While many books address specific aspects of food safety, no other book guides you through the various risks associated with each sector of the production process or alerts you to the measures needed to mitigate those risks. This new edition provides practical examples of incidents and their root causes, highlighting pitfalls in food safety management and providing key insights into different means for avoiding them. Each section addresses its subject in terms of relevance and application to food safety and, where applicable, spoilage. The book covers all types of risks (e.g., microbial, chemical, physical) associated with each step of the food chain, making it an ideal resource.

In modern-day Hong Kong, major constitutional controversies have caused people to demonstrate on the streets, immigrate to other countries, occupy major thoroughfares, and even engage in violence. These controversies have such great resonance because they put pressure on a cultural identity made possible by, and inseparable from, the 'One Country, Two Systems' framework. Hong Kong is also a city synonymous with film, ranging from commercial gangster movies to the art cinema of Wong Kar-wai. This book argues that while the importance of constitutional controversies for the process of self-formation may not be readily discernible in court judgments and legislative enactments, it is registered in the diverse modes of expression found in Hong Kong cinema. It contends that film gives form to the ways in which Hong Kong identity is articulated, placed under stress, bolstered, and transformed in light of disputes about the nature and meaning of the city's constitutional documents.

The U.S. Supreme Court is as important as ever in the lives of Americans. Contrary to the image-enhancing claims of independence that many of its members claim, however, the Court's current supermajority has transformed it into a powerful political institution that wages ideological war meant to return the nation to a previous period, at the same time denying rights to millions. The "Stench" of Politics: Polarization and Worldview on the Supreme Court opens a window into the Supreme Court that helps us to understand the institution and its rulings. At the heart of this analysis is worldview, a phenomenon that every person, including Supreme Court justices, possesses. Whether someone's worldview is "fixed" or "fluid" affects who they are, what they believe and what they do. In addition, interpreting the Constitution as an "originalist" or "living constitutionalist" often dictates case outcomes. By applying these and other constructs to the Supreme Court, the book reveals how the once-revered institution has evolved into one whose majority not only has neglected its commitment to the inscription on its own building, "Equal Justice Under Law," but is also determined to remake both the law and the nation.

Government "of the people, by the people, for the people" expresses an ideal that resonates in all democracies. Yet poll after poll reveals deep distrust of institutions that seem to have left "the people" out of the governing equation. Government bureaucracies that are supposed to solve critical problems on their own are a troublesome outgrowth of the professionalization of public life in the industrial age. They are especially ill-suited to confronting today's complex challenges. Offering a far-reaching program for innovation, Smart Citizens, Smarter State suggests that public decisionmaking could be more effective and legitimate if government were smarter-if our institutions knew how to use technology to leverage citizens' expertise. Just as individuals use only part of their brainpower to solve most problems, governing institutions make far too little use of the skills and experience of those inside and outside of government with scientific credentials, practical skills, and ground-level street smarts. New tools-what Beth Simone Noveck calls technologies of expertise-are making it possible to match the supply of citizen expertise to the demand for it in government. Drawing on a wide range of academic disciplines and practical examples from her work as an adviser to governments on institutional innovation, Noveck explores how to create more open and collaborative institutions. In so doing, she puts forward a profound new vision for participatory democracy rooted not in the paltry act of occasional voting or the serendipity of crowdsourcing but in people's knowledge and know-how.

With an introduction that traces the long constitutional history of Florida, Talbot D'Alemberte provides a thorough understanding of Florida's state constitutional history. He includes an in-depth, article-by-article analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography, provides an unsurpassed reference guide for students, scholars, and practitioners of Florida's constitution. This second edition provides analysis of Florida's State Constitution with updated commentary focusing on the many court decisions rendered since the 1990s, summarizing the state's current jurisprudence and the increasing use of Florida's many methods of Constitution Amendment, including initiative, Legislative, Constitution Revision Commission and Tax and Budget Reform Commission adopted proposals. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

Corporate lobbyists are everywhere in Washington. Of the 100 organizations that spend the most on lobbying, 95 represent business. The largest companies now have upwards of 100 lobbyists representing them. How did American businesses become so invested in politics? And what does all their money buy? Drawing on extensive data and original interviews with corporate lobbyists, The Business of America is Lobbying provides a fascinating and detailed picture of what corporations do in Washington, why they do it, and why it matters. Since the 1970s, a wave of new government regulations and declining economic conditions has mobilized business leaders, and companies have developed new political capacities. Managers soon began to see public policy as an opportunity, not just a threat. . Ever since, corporate lobbying has become more pervasive, more proactive, and more particularistic. Lee Drutman argues that lobbyists drove this development by helping managers see the importance of politics and how proactive and aggressive engagement could help companies' bottom lines. Politics is messy, unpredictable, and more competitive than ever, but the growth of lobbying has driven several important changes that have increased the power of business in American politics. And now, the costs of effective lobbying have risen to a level that only larger businesses can typically afford. Lively and engaging, rigorous and nuanced, this will change how we think about lobbying-and how we might reform it.

How a series of violent Amish-on-Amish attacks shattered the peace of a peace-loving people and led to a new interpretation of the federal hate crime law. On the night of September 6, 2011, terror called at the Amish home of the Millers. Answering a late-night knock from what appeared to be an Amish neighbor, Mrs. Miller opened the door to her five estranged adult sons, a daughter, and their spouses. It wasn't a friendly visit. Within moments, the men, wearing headlamps, had pulled their frightened father out of bed, pinned him into a chair, and-ignoring his tearful protests-sheared his hair and beard, leaving him razor-burned and dripping with blood. The women then turned on Mrs. Miller, yanking her prayer cap from her head and shredding it before cutting off her waist-long hair. About twenty minutes later, the attackers fled into the darkness, taking their parents' hair as a trophy. Four similar beard-cutting attacks followed, disfiguring nine victims and generating a tsunami of media coverage. While pundits and late-night talk shows made light of the attacks and poked fun at the Amish way of life, FBI investigators gathered evidence about troubling activities in a maverick Amish community near Bergholz, Ohio-and the volatile behavior of its leader, Bishop Samuel Mullet. Ten men and six women from the Bergholz community were arrested and found guilty a year later of 87 felony charges involving conspiracy, lying, and obstructing justice. In a precedent-setting decision, all of the defendants, including Bishop Mullet and his two ministers, were convicted of federal hate crimes. It was the first time since the 2009 passage of the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act that assailants had been found guilty for religiously motivated hate crimes within the same faith community. Renegade Amish goes behind the scenes to tell the full story of the Bergholz barbers: the attacks, the investigation, the trial, and the aftermath. In a riveting narrative reminiscent of a true crime classic, scholar Donald B. Kraybill weaves a dark and troubling story in which a series of violent Amish-on-Amish attacks shattered the peace of these traditionally nonviolent people, compelling some of them to install locks on their doors and arm themselves with pepper spray. The country's foremost authority on Amish society, Kraybill spent six months assisting federal prosecutors with the case against the Bergholz defendants and served as an expert witness during the trial. Informed by trial transcripts and his interviews of ex-Bergholz Amish, relatives of Bishop Mullet, victims of the attacks, Amish leaders, and the jury foreman, Renegade Amish delves into the factors that transformed the Bergholz Amish from a typical Amish community into one embracing revenge and retaliation. Kraybill gives voice to the terror and pain experienced by the victims, along with the deep shame that accompanied their disfigurement-a factor that figured prominently in the decision to apply the federal hate crime law. Built on Kraybill's deep knowledge of Amish life and his contacts within many Amish communities, Renegade Amish highlights one of the strangest and most publicized sagas in contemporary Amish history.