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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General
The Arkansas State Constitution provides an outstanding historical
account of Arkansas's five different constitutions, conventions,
and amendments. Kay C. Goss presents the official text with an
accompanying article-by-article commentary, providing readers with
important information about the origins of each constitutional
provision and amendment, as well as ways in which they are
interpreted. The Arkansas State Constitution is an essential
reference guide for readers who seek a rich account of Arkansas's
constitutional evolution. Previously published by Greenwood, this
title has been brought back in to circulation by Oxford University
Press with new verve. Re-printed with standardization of content
organization in order to facilitate research across the series,
this title, as with all titles in the series, is set to join the
dynamic revision cycle of The Oxford Commentaries onthe State
Constitutions of the United States.
In The Idaho State Constitution, Donald W. Crowley and Florence A.
Heffron provide a history of Idaho's constitution and a concise
article-by-article analysis of the entire text. The authors recount
the development of the constitution over the last century and
explain how it has been shaped by concerns of powerful economic,
social, and political forces. Since its drafting in 1889, the 109
amendments have democratized the political systems and given people
the right to participate more actively in the state's governance.
The Idaho State Constitution reflects the renewed interest in state
constitutions as a means of guiding important policy concerns and
provides an essential reference guide for readers who seek a rich
account of Idaho's constitutional evolution. Previously published
by Greenwood, this title has been brought back in to circulation by
Oxford University Press with new verve. Re-printed with
standardization of content organization in order to facilitate
research across the series, this title, as with all titles in the
series, is set to join the dynamic revision cycle of The Oxford
Commentaries on the State Constitutions of the United States.
South Carolina's current constitution is a unique reflection of
America's cultural and political history. It has roots dating back
to the state's original colonial charter, comprising an uneasy
alliance of post-Civil War history, late 19th century return to
segregation, and post-1960s liberalizing reforms. In The South
Carolina State Constitution, Cole Blease Graham illustrates the
success of positive political forces pitted against the social
norms of a Deep South state. His informed analysis challenges
advocates of constitutional reform to continue revision efforts,
making this volume an important contribution to the study of state
politics and the principles of democratic government.
With only 54 years of existence, the Constitution of the State of
Alaska is in its developmental infancy compared to the
constitutional history of the rest of the United States. However,
having had the benefit of over 300 years, the Alaskan Constitution
is a pioneer and model in--among other things--simplicity,
coherence, vision and accessibility.
Rhode Island has a long history of constitutional governance.
Beginning in 1636, Rhode Island's constitution has been shaped by
revolution, nation-building, tumult, and further changes wrought by
everything from neo-liberalism to gay rights. The result has been a
living document reflecting conflicting and changing values, making
the Rhode Island constitution an essential resource for
understanding the cultural history of this state.
This book presents the evolution of Italian administrative law in the context of the EU, describing its distinctive features and comparing it with other experiences across Europe. It provides a comprehensive overview of administrative law in Italy, focusing on the main changes occurred over the last few decades.Although the respective chapters generally pursue a legal approach, they also consider the influence of economic, social, cultural and technological factors on the evolution of public administration and administrative law.The book is divided into three parts. The first part addresses general issues (e.g. procedures and organization of public administrations, administrative justice). The second part focuses on more specific topics (e.g. public intervention in the economy, healthcare management, local government). In the third part, the evolution of Italian administrative law is discussed in a comparative perspective.
Montana's state constitution was created during the early 1970s.
Progressive, innovative and pragmatic, it combines a strong concern
for individual rights, personal liberty, and individual dignity
while seeking to keep government open and responsive to the will of
the people of Montana. It also stresses rights to a clean and
healthful environment.
The North Dakota State Constitution provides one of the most
comprehensive studies of the North Dakota Constitution and the
legal decisions which have helped to create and shape it.
The Maryland State Constitution is the only comprehensive analysis
of Maryland's constitution. Dan Friedman provides an outstanding
historical account of the state's governing charter along with an
in-depth, section-by-section analysis of the entire constitution,
detailing the many signifigant changes that have been made since
its initial drafting in 1867. In-depth commentary on the
constitutional interpretation offers tremendous political and
economic insight into each of the constitution's provisions.
Previously published by Greenwood, this title has been brought back
in to circulation by Oxford University Press with new verve.
Re-printed with standardization of content organization in order to
facilitate research across the series, this title, as with all
titles in the series, is set to join the dynamic revision cycle of
The Oxford Commentaries on the State Constitutions of theUnited
States.
In The Massachusetts State Constitution, Lawrence Friedman and
Lynnea Thody present a comprehensive and accessible survey of
Massachusetts constitutional history and constitutional law. The
Massachusetts Constitution is the oldest state constitution and has
remained essentially unchanged since it was drafted in 1780. It
served as a model for the United States Constitution and many of
the state constitutions that followed.
English courts have traditionally held a policy of judicial
restraint towards regulatory decisions in the commercial context.
This book provides a critical view of the courts' deferential
attitude and advocates a more intensive form of judicial review
which is more satisfactory in terms of individual justice.
Tom Bingham was among the most influential judges of the twentieth
century, having occupied in succession the most senior judicial
offices, Master of the Rolls, Lord Chief Justice and Senior Law
Lord, before retiring in 2008, at which point he devoted himself to
the teaching of Human Rights Law, until his death in September
2010. His judicial and academic work has deeply influenced the
development of the law in a period of substantial legal change. In
particular his role in establishing the new UK Supreme Court, and
his views on the rule of law and judicial independence left a
profound mark on UK constitutional law. He was also instrumental in
championing the academic and judicial use of comparative law,
through his judicial work and involvement with the British
Institute of International and Comparative Law.
Menachem Mautner offers a compelling account of Israeli law as a site for the struggle over the shaping of Israeli culture. On the one hand, a secular, liberal group wishes to associate Israel with Western culture and to link Israeli law to Anglo-American liberalism. On the other hand, a religious group wishes to associate Israeli culture with traditional Jewish culture, and to found Israeli law on traditional Jewish law. The struggle between secular and religious Jews has been part of the life of the Jewish people in the past 300 years. It resurged in the 1970s with the rise of religious fundamentalism and the decline of the political and cultural hegemony of the Labor movement. The secular group reacted by shifting much of its political action to the Supreme Court which since the establishment of the state has been the state organ most identified with entrenching liberal values in the country's political culture. In a short span of time in the early 1980s the Court effected extensive changes in its jurisprudence, most strikingly adoption of sweeping judicial activism which is widely regarded as the most far-reaching in the world. The Court's activism provided the secular group with the means for intervening in decisions of the state branches over which the group had lost control. With Arabs being a fifth of the country's population, an additional divide in Israel is that between Jews and Arabs. Drawing on notions of multiculturalism, political liberalism and republicanism, Law and the Culture of Israel offers fresh insights as to how to manage Israel's divisive situation.
Markets sometimes fail. But so do regulatory efforts to correct market failures. Sometimes regulations reach too far, condemning good activities as well as bad, and sometimes they don't reach far enough, allowing bad behavior to persist. In this highly instructive book, Thomas A. Lambert explains the pitfalls of both extremes while offering readers a manual of effective regulation, showing how the best regulation maximizes social welfare and minimizes social costs. Working like a physician, Lambert demonstrates how regulators should diagnose the underlying disease and identify its symptoms, potential remedies for it, and their side effects before selecting the regulation that offers the greatest net benefit. This book should be read by policymakers, students, and anyone else interested in understanding how the best regulations are crafted and why they work.
This book analyses the voluminous and meandering case law on gambling of the Court of Justice from an empirical perspective. It offers a comprehensive overview of the legal situation of gambling services in the EU Single Market. Additionally, the book presents the current state of research on gambling addiction. It then seeks to answer the central research question as to what extent the views of the Court of Justice on gambling find support in empirical evidence. The Court of Justice granted exceptionally wide discretion to the Member States due to a so-called peculiar nature of games of chance. With the margin of appreciation having played a key role, the book inquires whether the Court of Justice followed the principles and criteria that normally steer the use of this doctrine. Noting the Court s special approach, the book elaborates on its causes and consequences. Throughout the book, the approach of the Court of Justice is contrasted with that of its sister court, the EFTA Court. Finally, the potential role of the precautionary principle and of EU fundamental rights in the area of gambling law is examined. Situated at the intersection of law and science, this book seeks to bridge the legal and scientific perspectives and the unique vocabularies common to each. It illustrates the direct relevance of science and empirical research for court cases and policy making. And it contrasts science-informed policy making with the on-going morality discourse on gambling."
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.
The Lisbon Treaty reformed the foundations of the European Union
and marked the culmination of a process of Treaty reform that began
after the Treaty of Nice and spanned almost a decade. This book
addresses the main innovations made by the new Treaty, examining
its legal and political consequences in a reformed EU. The book is
organized thematically around the principal issues that occupied
those engaged in the reforms over the last decade. The chapters
include analysis of the reform process itself and the political
forces that shaped the relevant provisions of the Lisbon Treaty.
The role of the Constitution in American political history is contentious not simply because of battles over meaning. Equally important is precisely who participated in contests over meaning. Was it simply judges, or did legislatures have a strong say? And what about the public's role in effecting constitutional change? In The Civic Constitution, Elizabeth Beaumont focuses on the last category, and traces the efforts of citizens to reinvent constitutional democracy during four crucial eras: the revolutionaries of the 1770s and 1780s; the civic founders of state republics and the national Constitution in the early national period; abolitionists during the antebellum and Civil War eras; and, finally, suffragists of the late nineteenth and early twentieth centuries. Throughout, she argues that these groups should be recognized as founders and co-founders of the U.S. Constitution. Though often slighted in modern constitutional debates, these women and men developed distinctive constitutional creeds and practices, challenged existing laws and social norms, expanded the boundaries of citizenship, and sought to translate promises of liberty, equality, and justice into more robust and concrete forms. Their civic ideals and struggles not only shaped the text, design, and public meaning of the U.S. Constitution, but reconstructed its membership and transformed the fundamental commitments of the American political community. An innovative expansion on the concept of popular constitutionalism, The Civic Constitution is a vital contribution to the growing body of literature on how ordinary people have shaped the parameters of America's fundamental laws.
This volume proposes a capacity-centered approach for understanding American bureaucracy. The administrative institutions that made the country a superpower turned out to be fragile under Donald Trump's presidency. Laboring beneath systematic accusations of deep statism, combined with a market oriented federal administration, bureaucratic capacity manifested its decay in the public health and constitutional cataclysms of 2020, denting America's global leadership and contributing to its own people's suffering. The authors combine interviews with a historical examination of federal administrative reforms in the backdrop of the recent pandemic and electoral tumult to craft a developmental framework of the ebb and flow of capacity. While reforms, large and small, brought about professionalization and other benefits to federal administration, they also camouflaged a gradual erosion when anti-bureaucratic approaches became entrenched. A sclerotic, brittle condition in the government's capacity to work efficiently and accountably arose over time, even as administrative power consolidated around the executive. That co-evolutionary dynamic made federal government ripe for the capacity bifurcation, delegitimization, and disinvestment witnessed over the last four years. As the system works out the long-term impacts of such a deconstruction, it also prompts a rethinking of capacity in more durable terms. Calling attention to a more comprehensive appreciation of the dynamics around administrative capacity, this volume argues for Congress, citizens, and the good government community to promote capacity rebuilding initiatives that have resilience at the core. As such, the book will be of interest to citizens, public reformers, civic leaders, scholars and students of public administration, policy, and public affairs.
The book examines one of the most debated issues in current
international law: to what extent the international legal system
has constitutional features comparable to what we find in national
law. This question has become increasingly relevant in a time of
globalization, where new international institutions and courts are
established to address international issues. Constitutionalization
beyond the nation state has for many years been discussed in
relation to the European Union. This book asks whether we now see
constitutionalization taking place also at the global level.
The Hawaii State Constitution provides an outstanding
constitutional and historical account of the state's governing
charter. In addition to an overview of Hawaii's constitutional
history, it provides an in-depth, section-by-section 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 Hawaii's constitution. Previously published by
Greenwood, this title has been brought back in to circulation by
Oxford University Press with new verve. Re-printed with
standardization of content organization in order to facilitate
research across the series, this title, as with all titles in the
series, is set to join the dynamic revision cycle of The Oxford
Commentaries onthe State Constitutions of the United States.
The New Mexico State Constitution provides an outstanding
constitutional and historical account of the state's governing
charter. It begins with an overview of New Mexico's constitutional
history, and then provides an in-depth, section-by-section analysis
of the entire constitution, detailing important changes that have
been made since its drafting. This treatment, which includes a list
of cases, index, and bibliography, makes this guide indispensable
for students, scholars, and practitioners of Nex Mexico's
constitution. Previously published by Greenwood, this title has
been brought back in to circulation by Oxford University Press with
new verve. Re-printed with standardization of content organization
in order to facilitate research across the series, this title, as
with all titles in the series, is set to join the dynamic revision
cycle of The Oxford Commentaries on the StateConstitutions of the
United States.
In The Indiana State Constitution, William P. McLauchlan provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Indiana's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its initial drafting. This treatment, which includes a list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of Indiana's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of TheOxford Commentaries on the State Constitutions of the United States. 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.
In Children's Rights Under the Law, Professor Samuel M. Davis examines ways in which the law relates to children, from private law (torts, contracts, property, child labor, and emancipation) to public law (First Amendment rights of children in school, abortion decision-making for children, school discipline, compulsory school attendance, and regulation of obscenity). Professor Davis discusses the major Supreme Court decisions involving the parent-child-state relationship. He describes issues of medical decision-making for children, personal freedoms of children, and property entitlements of children, and addresses issues that arise in the educational context, or "school law." Professor Davis also covers child neglect and abuse, and summarizes major Supreme Court cases in the juvenile justice area, discussing the broad jurisdiction of the juvenile court, arrest and search and seizure as they apply to children, and police interrogation of children. Finally, he examines how some cases are prosecuted as criminal cases in adult court, issues related to the adjudicatory process (akin to the trial in adult court), and issues related to disposition in juvenile court (akin to the sentencing phase of criminal proceedings).
Ronan McCrea offers the first comprehensive account of the role of religion within the public order of the European Union. He examines the facilitation and protection of individual and institutional religious freedom in EU law and the means through which the Union facilitates religious input and influence over law. In addition, the book draws attention to the limitations on religious influence over law and politics that are required by the Union. It shows the extent to which such limitations are identified as fundamental elements of the EU's public order and as prerequisites for membership. The Union seeks to balance its predominantly Christian religious heritage with an equally strong secular and humanist tradition by facilitating religion as a form of cultural identity while simultaneously limiting its political influence. Such balancing takes place in the context of the Union's limited legitimacy and its commitment to respect for Member State cultural autonomy. Deference towards the cultural role of religion at Member State level enables culturally-entrenched religions to exercise a greater degree of influence within the Union's public order than "outsider" faiths that lack a comparable cultural role. Placing the Union's approach to religion in the context of broader historical and sociological trends around religion in Europe and of contemporary debates around secularism, equal treatment, and the role of Islam in Europe, McCrea sheds light on the interaction between religion and EU law in the face of a shifting religious demographic. |
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