Latin American Constitutions provides a comprehensive historical study of constitutionalism in Latin America from the independence period to the present, focusing on the Constitution of Cadiz, a foundational document in Latin American constitutionalism. Although drafted in Spain, it was applied in many regions of Latin America, and deputies from America formed a significant part of the drafting body. The politicization of constitutionalism reflected in Latin America's first moments proved to be a lasting legacy evident in the legal and constitutional world of the region today: many of Latin America's present challenges to establishing effective constitutionalism can be traced to the debates, ideas, structures, and assumptions of this text. This book explores the region's attempts to create effective constitutional texts and regimes in light of an established practice of linking constitutions to political goals and places important constitutional thinkers and regional constitutions, such as the Mexican Constitution of 1917, into their legal and historical context.

Peacekeeping and the Asia-Pacific explores the politics, challenges, and future of UN peacekeeping operations from the Asia-Pacific. The first section looks at contributions from the sub-regions: Northeast Asia, Southeast Asia, and South Asia. The second section of the book looks at individual country case studies including: Australia, Solomon Islands, Japan, and Thailand. The third, and concluding, section consists of a theoretical summary on the central conceptual theme of Asian motivations for PKO contributions. This content was originally published in vols. 18:3-4 and 19:3-4 of the Journal of International Peacekeeping.

For more than a decade scholars have debated the question of whether American Indian confederacies, primarily the Iroquois, helped influence the formation of U.S. basic law. The idea has sparked lively debate in the public arena as well, with Canadian diplomat Durling Voyce-Jones contending it shows a paradigm shift in our thinking, Patrick Buchanan calling it "idiocy," and George Will saying it's "fiction." For the first time, this bibliography brings together some 450 citations on the debate. The work describes the debate in the words of one of its major participants, Bruce E. Johansen, author of three other books on the subject. The bibliography also takes the reader back to suggestions of the idea long before the contemporary debate. Lakota author Charles Eastman brought up the subject in 1919, Mohawk teacher Ray Fadden developed it in the 1940s, and John F. Kennedy touched on it in 1960. Bringing the debate to its full flower in the present day, the bibliography illustrates both fervent support and equally emphatic denial in the academy and the public press. The book is both a scholarly tool and a lively exploration of issues bearing on the study of history and multiculturalism.

It is widely accepted that the future development of environmental law depends not on further legislation, but on more effective enforcement. Within the EC legal system, the conventional view is that the enforcement deficit is due to the fact that the environment is distinct from other fields of Community law. EC environmental law normally does not confer rights on individuals and may therefore not be judicially enforced in the same manner as rules concerning the internal market, competition and gender discrimination.
Enforcement of EC Environmental Law explores and challenges this assumption. Drawing from constitutional aspects of EC law, the author examines to what extent the general case law on procedures and remedies may be transposed to the field of environment, while at the same time taking stock of the existing environmental case law and the distinctive features of environmental legislation. In a critical exposition and assessment of 50 years of jurisprudence by the European Court of Justice as well as recent legislative developments, the author explores the potential of enforcement of environmental law through law suits by individuals as well as the European Commission. By demonstrating that the environment is not so different from other fields of law in terms of rights and remedies, the book provides not only new insights to the enforcement of EC environmental law but also to the central characteristics of Community constitutional law.

This open access book explores the legal aspects of cybersecurity in Poland. The authors are not limited to the framework created by the NCSA (National Cybersecurity System Act - this act was the first attempt to create a legal regulation of cybersecurity and, in addition, has implemented the provisions of the NIS Directive) but may discuss a number of other issues. The book presents international and EU regulations in the field of cybersecurity and issues pertinent to combating cybercrime and cyberterrorism. Moreover, regulations concerning cybercrime in a few select European countries are presented in addition to the problem of collision of state actions in ensuring cybersecurity and human rights. The advantages of the book include a comprehensive and synthetic approach to the issues related to the cybersecurity system of the Republic of Poland, a research perspective that takes as the basic level of analysis issues related to the security of the state and citizens, and the analysis of additional issues related to cybersecurity, such as cybercrime, cyberterrorism, and the problem of collision between states ensuring security cybernetics and human rights. The book targets a wide range of readers, especially scientists and researchers, members of legislative bodies, practitioners (especially judges, prosecutors, lawyers, law enforcement officials), experts in the field of IT security, and officials of public authorities. Most authors are scholars and researchers at the War Studies University in Warsaw. Some of them work at the Academic Centre for Cybersecurity Policy - a thinktank created by the Ministry of National Defence of the Republic of Poland.

This book deals with de minimis aid and demonstrates that it is both a sui generis legal concept in the context of State aid and subject to a complex regime. On the one hand, it is a sui generis concept in that (i) it seeks to strike a balance between simplifying the grant process and not distorting competition in the internal market, while being a tool that Member States are able to apply easily and (ii) it is subject to ex ante control by Member States. On the other hand, it is complex in that (i) it requires determining the sectors of economic activity it applies to; (ii) a few notions specific to the regime are not easy to understand, such as the notion of "single undertaking"; and (iii) it requires combining four de minimis regimes (one general and three special), which in turn requires reconciling those regimes with each other and with other aid, not least because of the cumulation rules. Lastly, these particularities were also reflected in the recovery regime for unlawful de minimis aid. Aimed at lawyers, legal consultants and those working in undertakings as well as students, the book provides a comprehensive overview of the current de minimis regimes and is clear and complete, while also proposing a fresh view on the area of EU State aid law. Ricardo Pedro is Researcher at the Centro de Investigacao de Direito Publico (CIDP), Universidade de Lisboa, Portugal.

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aZietlowas work turns scholarship in this area on its head. This provocative book will prove of interest to a very wide audience.a
--"Choice"

"Zietlow performs a valuable service in probing the belief that courts are, by historical tradition, and institutional design, better protectors of minority rights than a legislative body such as Congress."
--Reva Siegel, Nicholas deB. Katzenbach Professor of Law, Yale Law School

In Enforcing Equality, Rebecca E. Zietlow assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, provocatively challenging conventional wisdom that courts, not legislatures, are best suited for this role.

Specifically focusing on what she calls "rights of belonging"--a set of positive entitlements that are necessary to ensure inclusion, participation, and equal membership in diverse communities--Zietlow examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s. She reveals that in these key periods when rights of belonging were contested and defined, Congress has played the role of protector of rights at least as often as the Supreme Court has adopted this role. Enforcing Equality also engages in a sophisticated theoretical analysis of Congress as a protector of rights, comparing the institutional strengths and weaknesses of Congress and the courts as protectors of the rights of belonging.

With the recent new appointments to the Supreme Court and Congressional elections in November 2006, this timely book argues that individual rights are best enforced by the political process because they expressthe values of our national community, and as such, litigation is no substitute for collective political action.

Thomas Byers Memorial Outstanding Publication Award from the University of Akron Law Alumni Association Much has been written about women's rights pioneer Elizabeth Cady Stanton. Historians have written her biography, detailed her campaign for woman's suffrage, documented her partnership with Susan B. Anthony, and compiled all of her extensive writings and papers. Stanton herself was a prolific author; her autobiography, History of Woman Suffrage, and Woman's Bible are classics. Despite this body of work, scholars and feminists continue to find new and insightful ways to re-examine Stanton and her impact on women's rights and history. Law scholar Tracy A. Thomas extends this discussion of Stanton's impact on modern-day feminism by analyzing her intellectual contributions to-and personal experiences with-family law. Stanton's work on family issues has been overshadowed by her work (especially with Susan B. Anthony) on woman's suffrage. But throughout her fifty-year career, Stanton emphasized reform of the private sphere of the family as central to achieving women's equality. By weaving together law, feminist theory, and history, Thomas explores Stanton's little-examined philosophies on and proposals for women's equality in marriage, divorce, and family, and reveals that the campaigns for equal gender roles in the family that came to the fore in the 1960s and '70s had nineteenth-century roots. Using feminist legal theory as a lens to interpret Stanton's political, legal, and personal work on the family, Thomas argues that Stanton's positions on divorce, working mothers, domestic violence, childcare, and many other topics were strikingly progressive for her time, providing significant parallels from which to gauge the social and legal policy issues confronting women in marriage and the family today.

The Irish parliament was both the scene of frequent political battles and an important administrative and legal element of the state machinery of early modern Ireland. This institutional study looks at how parliament dispatched its business on a day-to-day basis. It takes in major areas of responsibility such as creating law, delivering justice, conversing with the executive and administering parliamentary privilege. Its ultimate aim is to present the Irish parliament as one of many such representative assemblies emerging from the feudal state and into the modern world, with a changing set of responsibilities that would inevitably transform the institution and how it saw both itself and the other political assemblies of the day. -- .

This book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the three main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers.

In this two-volume work, Ian Loveland offers a detailed exploration and analysis of 2 Australian entrenchment cases which have long been a source of fascination and inspiration to lawyers. This first volume, focusing on the McCawley case, introduces non-Australian readers to the remarkably rich legal and political history of constitutional formation and development in New South Wales and Queensland in the 19th and early 20th centuries. It culminates with a deeply contextualised analysis of the emergence of the bizarre 'Two Act entrenchment' principle which emerged in Queensland's constitutional law in 1908 and the subsequent and celebrated McCawley judgments of the Australian High Court and Privy Council. The judgments are placed in both their deep and immediate historical and political contexts; from the legal formation of New South Wales in the late 1700s, through the creation of New South Wales and Queensland as distinct colonies in the 1850s and the subsequent passage of the Colonial Laws Validity Act 1865, on to the fiercely contested reformism espoused by Labour governments in Queensland in the early part of the twentieth century.

This seven-volume set and its electronic twin include expert English translations of the constitutions of dependencies and territories, plus the relevant federal constitutional provisions that define the relationship between the state and its dependencies or territories. Commentary describes the interaction of the federal constitution with that of the dependency or territory. It is updated approximately seven times per year.

This book offers ways to overcome problems that arise when voters, politicians, and bureaucrats pursue selfish interests rather than the general interest in their political behavior. It combines previously published ideas about charging people the costs of their political actions and selling insurance against unfavorable political outcomes, with new ideas about competing legislatures and incentives for generating efficient political outcomes. The book includes new are discussed, as well as a proposed constitution and its rationale.

For over 30 years, "CCW" has distinguished itself as the gold standard for full-text, integrated versions of 192 country constitutions, translated into English by constitutional scholars familiar with the legal systems, judicial language, and official language of the foreign jurisdictions they cover. Complementing the official documents are Introductory and Comparative Notes that examine recent amendments and highlight pertinent historical, political and economic factors. Where especially useful, a summary of topics treated is provided as well, helping the reader zero in on the most relevant articles of the constitution quickly. In some cases a chronology is also provided. Its clear and easy organization makes this set a pleasure to use. Constitutions are arranged alphabetically by country name, with each country housed in a self-contained pamphlet. Painstakingly translated, comprehensively annotated and clearly organized, this collection provides lawyers, scholars and students with an ideal tool for comparative research in constitutional law, history, and politics. It is updated approximately eight times per year.

Constitutional Law and Federations provides a concise overview of the British occupation of Cyprus(1878-1959), the efforts of the Greek Cypriots for independence, and the structure and peculiarities of the current Cyprus Constitution. Federal states and the concept of federalism worldwide and, in every era, have come into being because of important political and security reasons dictating or necessitating the creation of such governmental organizations. The bi-zonal federation envisaged for Cyprus, in the Accords of 1977 and 1979 is not in compliance with these prerequisites. According to objective legal norms, bi-communal and bi-zonal federation flagrantly violates international law and is incompatible with the notion of human rights with regard to Cyprus. A federation modelled on the United States of America federal Constitution could, indeed, provide an ideal framework for settling the Cyprus problem and safeguarding the protection of basic human rights and constitutional freedoms for all sections of the population on the island. This book will be of interest to scholars and students of constitutional law, international law and international relations as well as diplomats, who deal not only with the Cyprus issue but also with related regional and international issues.

This volume explores the relationship between constitutional and regulatory questions on the one hand, and private law on the other hand, examining how European private law has developed under the influence of regional legal traditions and the EU acquis communautaire. It focuses on the multiple actors and institutions that today contribute to legal and cultural integration within a multi-level framework, involving Member States and subnational actors together with EU Institutions. It underlines the different roles of legislators, regulators and judges in building an integrated market which is consistent with fundamental rights and social policies. It also highlights the principles and institutions that may preserve national legal identities in the context of European legal and political integration, striking a difficult balance between harmonization and differentiation. Within this framework the volume questions the current boundaries of European private laws and proposes a coordinated perspective which examines competition, regulation and private law alike. The book focuses in particular on competition and consumer law, and on tort and regulation. Attention is also drawn to the strategic role to be played by private international law. It is argued that the distinction between private and public law should be redefined by acknowledging a new balance between public institutions and private parties. The collection contains several proposals for furthering the process of Europeanization of private law without losing the richness of existing western legal traditions as they have developed in previous centuries. It calls on European and national institutions to involve practitioners in devising new patterns of legal integration and in transforming European legal education. This book is an original contribution to the scholarly and policy debates about the desirability and modes of Europeanization of private law, in a context in which the pressures of globalization and of national identities seem to question the chosen path of integration.

It is not unusual that formal and informal discussions about the political system, its virtues, and its many defects, conclude in a discussion about impartiality. In fact, we all discuss impartiality when we talk about the best way to equally consider all viewpoints. We show our concerns with impartiality when, facing a particular problem, we try to figure out the best solution for all of us, given our conflicting interests. Thus, the quest for impartiality tends to be a common objective for most of us, although we normally disagree on its particular contents. Generally, these formal and informal discussions about impartiality conclude in a dispute between different "epistemic" conceptions. That is to say, simply, that in these situations we begin to disagree about best procedure to defme the more neutral, impartial solution for all of us.! Basically, trying to answer this question we tend to fluctuate between two opposite positions. According to some, the best way to know which is the more impartial solution is to resort to a process of collective reflection: in those situations we have to consider the opinions of all those who are possibly affected.

In Democracy in America, de Tocqueville observed that there is hardly a political question in the United States which does not sooner or later turn into a judicial one. Two hundred years of American history have certainly born out the truth of this remark. Whether a controversy is political, economic, or social, whether it focuses on child labor, prayer in public schools, war powers, busing, abortion, business monopolies, or capital punishment, eventually the battle is taken to court. And the ultimate venue for these vital struggles is the Supreme Court. Indeed, the Supreme Court is a prism through which the entire life of our nation is magnified and illuminated, and through which we have defined ourselves as a people. Now, in The Oxford Companion to the Supreme Court of the United States, readers have a rich source of information about one of the central institutions of American life. Everything one would want to know about the Supreme Court is here, in more than a thousand alphabetically arranged entries. There are biographies of every justice who ever sat on the Supreme Court (with pictures of each) as well as entries on rejected nominees and prominent judges (such as Learned Hand), on presidents who had an important impact on - or conflict with - the Court (including Thomas Jefferson, Abraham Lincoln, and Franklin Delano Roosevelt), and on other influential figures (from Alexander Hamilton to Cass Gilbert, the architect of the Supreme Court Building). More than four hundred entries examine every major case that the court has decided, from Marbury v. Madison (which established the Court's power to declare federal laws unconstitutional) and Scott v. Sandford (the Dred Scott Case) toBrown v. Board of Education and Roe v. Wade. In addition, there are extended essays on the major issues that have confronted the Court (from slavery to national security, capital punishment to religion, affirmative action to the Vietnam War), entries on judicial matters and legal terms (ranging from judicial review and separation of powers to amicus brief and habeas corpus), articles on all Amendments to the Constitution, and an extensive, four-part history of the Court. And as in all Oxford Companions, the contributions combine scholarship with engaging insight, giving us a sense of the personality and the inner workings of the Court. They examine everything from the wanderings of the Supreme Court (the first session was held in the Royal Exchange Building in New York City, and the Court at times has met in a Congressional committee room, a tavern, a rented house, and finally, in 1935, its own building), to the Jackson-Black feud and the clouded resignation of Abe Fortas, to the Supreme Court's press room and the paintings and sculptures adorning the Supreme Court building. The decisions of the Supreme Court have touched - and will continue to influence - every corner of American society. A comprehensive, authoritative guide to the Supreme Court, this volume is an essential reference source for everyone interested in the workings of this vital institution and in the multitude of issues it has confronted over the course of its history.

Policymaking in the realm of elections is too often grounded in anecdotes and opinions, rather than in good data and scientific research. To remedy this, The Measure of American Elections brings together a dozen leading scholars to examine the performance of elections across the United States, using a data-driven perspective. This book represents a transformation in debates about election reform, away from partisan and ideological posturing, toward using scientific analysis to evaluate the conduct of contemporary elections. The authors harness the power of newly available data to document all aspects of election administration, ranging from the registration of voters to the counting of ballots. They demonstrate what can be learned from giving serious attention to data, measurement, and objective analysis of American elections.

This book puts forward proposals for solutions to the current gaps between the Mexican legal order and the norms and principles of international criminal law. Adequate legislative measures are suggested for compliance with international obligations. The author approaches the book's subject matter by tracing all norms related to the prosecution of core crimes and contextualizing each of the findings with a brief historical and political account. Additionally, state practice is analyzed, identifying patterns and inconsistencies. This approach is new in offering a wide perspective on international criminal law in Mexico. Relevant legal documents are analyzed and annexed in the book, providing the reader with a useful guide to the topics analyzed. Issues including the following are examined: the incorporation of core crimes in the Mexican legal order, military jurisdiction, the war crimes definition under Mexican law, unaddressed atrocities, state practice and future challenges to combat impunity. The book will be of relevance to legal scholars, students, practitioners of law and human rights advocates. It also offers interesting insights to political scientists, historians and journalists. Tania Ixchel Atilano has a Dr. Iur. from the Humboldt Universitat Berlin, an LLM in German Law from the Ludwig Maximilian Universitat, Munich, and attained her law degree at the ITAM in Mexico City.