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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General

The Internal Law of Religions - Introduction to a Comparative Discipline (Paperback): Burkhard Josef Berkmann The Internal Law of Religions - Introduction to a Comparative Discipline (Paperback)
Burkhard Josef Berkmann; Translated by David E Orton
R1,205 Discovery Miles 12 050 Ships in 9 - 15 working days

* Translation of a prestigious and successful German publication;

The Legitimacy of Standardisation as a Regulatory Technique - A Cross-disciplinary and Multi-level Analysis (Hardcover):... The Legitimacy of Standardisation as a Regulatory Technique - A Cross-disciplinary and Multi-level Analysis (Hardcover)
Mariolina Eliantonio, Caroline Cauffman
R3,482 Discovery Miles 34 820 Ships in 12 - 17 working days

This timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. Each chapter offers in-depth analysis of a number of key policy areas such as food safety, accounting, telecommunications and medical devices. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons. Demonstrating how standards enter the European legal system in a variety of ways, the book studies their relevance for public and private law alike. While the trade advantages of using standards in regulation are undeniable, the contributors elucidate how standard-setting processes have departed from the purely private realm to enter the stage of public regulation. This inevitably raises the issue of whether standardisation is supported by sufficient legitimacy guarantees. The contributions provide valuable insights to answering this question, highlighting cross-cutting reflections on the topic, and case studies on specific policy areas. This analytical book will be of interest to students and scholars researching in the fields of EU and global standardisation, EU law and trade law. It will also be a useful resource for practitioners focusing on regulation and standardisation. Contributors include: D. Bevilacqua, M. Cantero Gamito, C. Cauffman, P. Cuccuru, M. De Bellis, M. Eliantonio, M. Faure, M. Gerardy, C. Glinski, N. Philipsen, S. Roettger-Wirtz, P. Rott, S. Schoenmaekers, L. Senden, B. Van Leeuwen, A. Volpato

Comparative Equality and Anti-Discrimination Law, Third Edition (Paperback, 3rd edition): David B. Oppenheimer, Sheila R... Comparative Equality and Anti-Discrimination Law, Third Edition (Paperback, 3rd edition)
David B. Oppenheimer, Sheila R Foster, Sora Y. Han, Richard T. Ford
R2,014 Discovery Miles 20 140 Ships in 12 - 17 working days

This revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world, including those in Europe, South Africa, China, Colombia, India and Brazil. This book provides an introduction to theories of equality and sources of equality law, and examines inequality and discrimination based on gender, race, ethnicity, sexual orientation and identity, religion and disability. Key features: Extensive chapter notes add critical context to areas of developing law Analysis of a range of sources: each chapter includes case law, treaty law, statutory law, regulatory law and legal scholarship A comparative problem-based approach, using concrete issues of inequality and discrimination to help students focus on real world concerns Examination of key contested topics such as marriage inequality, the rights of persons with disabilities, affirmative action, reproductive rights, employment discrimination and hate speech A supplementary online course with additional content and guidance for both students and instructors is available through Stanford Law School. Written in a thorough yet accessible style and with contributions from leading international legal scholars, this casebook is ideal for lecture courses, seminars and summer programs in equality and anti-discrimination in law schools, as well as undergraduate courses in law, political science and sociology. Contributors include: D. Allen, P.L. Cherian, D. Collier, J. Damamme, T. Degener, R. Ford, S. Foster, S. Han, K. Loper, S. Misra, D.B. Oppenheimer, M.-C. Pauwels, S. Robin-Olivier, B. Wang, W. Zhou

Administrative Law for Public Managers (Paperback, 3rd edition): David H. Rosenbloom Administrative Law for Public Managers (Paperback, 3rd edition)
David H. Rosenbloom
R1,133 Discovery Miles 11 330 Ships in 9 - 15 working days

Focuses on the essentials that public managers should know about administrative law-why we have administrative law, the constitutional structure for and constraints on public administration, and administrative law's formats for rulemaking, adjudication, enforcement, transparency, and judicial and legislative review or administrative activity. Views administrative law from the perspectives of administrative practice, rather than lawyering, with an emphasis on how various administrative law provisions promote their underlying goals of improving the fit between public administration and U.S. democratic-constitutionalism. Organized around federal administrative law while including references to state practices where appropriate, the book explains the essentials of administrative law clearly, concisely, and accurately, in non-technical terms, and in sufficient depth to provide readers with a sophisticated, lasting understanding of the subject matter. Includes new cases and examples throughout the text, updated suggestions for additional reading, refreshed chapter discussion questions, and expanded treatment of guidance documents, administrative "dark matter," and the Congressional Review Act

Research Handbook on Remote Warfare (Paperback): Jens David Ohlin Research Handbook on Remote Warfare (Paperback)
Jens David Ohlin
R1,647 Discovery Miles 16 470 Ships in 12 - 17 working days

The practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers. Primarily focused on the legality of all forms of remote warfare, including targeted killings by drone, cyber-attacks, and autonomous weapons, each chapter gives a compelling insight beyond the standard and reactionary criticisms of these technologies. Current assumptions of remote warfare are challenged and discussed from a variety of international perspectives. These include governing the use of force, humanitarian law, criminal law, and human rights law. Contributors consider the essential features of current warfare regulations, and test their strength for controlling these new technologies. Suggestions are made for the future development of law to control the limits of modern remote warfare, with a particular focus on the possibility of autonomous weapons. This is an essential read for academics and students of jus ad bellum, international humanitarian law, criminal law and human rights. Students of political science, governance and military studies will also find this a thought-provoking insight into modern warfare techniques and the complex legal issues they create. Contributors include: W. Banks, G. Corn, E. Crawford, A. Cullen, L. Davies-Bright, G. Gaggioli, R. Geiss, T.D. Gill, R. Heinsch, I.S. Henderson, P. Keane, M. Klamberg, H. Lahmann, J. Liddy, P. Margulies, M.W. Meier, J.D. Ohlin, M. Roorda, J. van Haaster, N. White

Diversity of Law in the United Arab Emirates - Privacy, Security, and the Legal System (Paperback): Kristin Kamoy Diversity of Law in the United Arab Emirates - Privacy, Security, and the Legal System (Paperback)
Kristin Kamoy
R1,219 Discovery Miles 12 190 Ships in 9 - 15 working days

This book examines the law and its practice in the United Arab Emirates (UAE). The objective is to understand the logic of the legal system in the UAE through a rounded analysis of its laws in context. It thus presents an understanding of the system on its own terms beyond the accepted Western model. The book shows how the Emirati law differs from the conventional rule of law. The first section of the book deals with the imperial, international, and cultural background of the Emirati legal system and its influences on some of the elements of the legal system today. It maps the state's international legal obligations according to core human rights treaties showing how universal interpretations of rights may differ from Emirati interpretations of rights. This logic is further illustrated through an overview of the legal system, in federal, local, and free zones and how the UAE's diversity of legal sources from Islamic and colonial law provides legal adaptability. The second section of the book deals mainly with the contemporary system of the rule of law in the UAE but at times makes a detour to the British administration to show how imperial execution of power during the British administration created forerunners visible today. Finally, the debut of the UAE on the international scene contributed to an interest in human rights investigations, having manifestations in UAE law. The work will be a valuable resource for researchers and academics working in the areas of Comparative Constitutional Law, Legal Anthropology, Legal Pluralism, and Middle Eastern Studies.

Judicial Interpretation of Tax Treaties - The Use of the OECD Commentary (Hardcover): Carlo Garbarino Judicial Interpretation of Tax Treaties - The Use of the OECD Commentary (Hardcover)
Carlo Garbarino
R7,087 Discovery Miles 70 870 Ships in 12 - 17 working days

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.

A Transformative Justice - Essays in Honour of Pius Langa (Hardcover): Alistair Price, Michael Bishop A Transformative Justice - Essays in Honour of Pius Langa (Hardcover)
Alistair Price, Michael Bishop
R836 R729 Discovery Miles 7 290 Save R107 (13%) Ships in 4 - 8 working days

The late Chief justice of South Africa, Pius Langa, was a remarkable man. He achieved so much in his life and touched many people with his quiet dignity, his generosity and his sparkling humour. As a lawyer, he had a profound impact on the establishment of South Africa's new democracy and the adoption of the country's Constitution. Through his work on the Constitutional court, he charted a path that would allow the country to reach what he called the 'vision of the Constitution'. As a man, he served as an example to many: He was strong, committed, empathetic, thoughtful and kind. A transformative justice: Essays in honour of Pius Langa and Acta Juridica 2015 pay tribute to this remarkable man and lawyer. The book has three sections: first, a series of personal tributes to Justice Langa; second, reflections on the work of the Constitutional court under Langa's leadership as well as aspects of his philosophy as a judge; and third, explorations of a variety of specific themes in his judgments, writings and speeches. The contributions to A transformative justice are written by eminent judges, academics and practitioners, many of whom worked closely with Langa. The book addresses a broad range of practical and theoretical topics, including transformative constitutionalism, judicial dissent, the role of the people in constitutionalism, and legal education, as well as the areas of customary law, contract law, delict, administrative law, criminal law and procedure, and the protection of rights to equality, freedom of religion and culture.

Risk Analysis and Governance in EU Policy Making and Regulation - An Introductory Guide (Hardcover, 1st ed. 2016): Bernardo... Risk Analysis and Governance in EU Policy Making and Regulation - An Introductory Guide (Hardcover, 1st ed. 2016)
Bernardo Delogu
R3,368 R2,233 Discovery Miles 22 330 Save R1,135 (34%) Ships in 12 - 17 working days

This book provides an easy, but comprehensive and rigorous access to the main concepts, terminology, methods and procedures of risk analysis intended for all those involved in the EU policy and regulatory decision making on risks. It establishes a common ground of knowledge which enables a more informed dialogue on risks, a closer collaboration between decision makers and scientists and a better appraisal of the potential and limits of risk science. The book also brings together in an accessible way much multidisciplinary knowledge which had been dispersed over many technical documents and specialist books. The EU is in the front line of health, safety and environmental risk management. GMOs, food safety, hazardous chemicals, climate change, radiation hazards, are just a few of the popular risk issues addressed by the EU through policy and regulatory measures. The risk analysis paradigm, including risk assessment, management and communication has been at the core of the EU decision making for a long time already. EU Institutions strive for a science-based approach to risk management. Nevertheless, the dialogue and collaboration on risk issues between policy makers, stakeholders and scientists are still difficult and the potential and limits of science in support of decision making, as well as the basic concepts of risk analysis are not fully understood outside the narrow specialist circles.

Rule of Law, Common Values, and Illiberal Constitutionalism - Poland and Hungary within the European Union (Paperback): Timea... Rule of Law, Common Values, and Illiberal Constitutionalism - Poland and Hungary within the European Union (Paperback)
Timea Drinoczi, Agnieszka Bien-Kacala
R1,218 Discovery Miles 12 180 Ships in 9 - 15 working days

This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.

Asymmetry, Multinationalism and Constitutional Law - Managing Legitimacy and Stability in Federalist States (Paperback): Maja... Asymmetry, Multinationalism and Constitutional Law - Managing Legitimacy and Stability in Federalist States (Paperback)
Maja Sahadzic
R1,212 Discovery Miles 12 120 Ships in 9 - 15 working days

This book examines the link between constitutional asymmetry and multinationalism and the effects asymmetry produces on legitimacy and stability in federal and quasi-federal systems. This is done through a structured and exhaustive comparative analysis, covering states in Africa, America, Asia, and Europe. Contrary to traditional federal theory, contemporary scholars have linked constitutional asymmetry with multinational federal systems, by presenting asymmetry as a mechanism for diversity management. This book offers insights on whether and how constitutional asymmetry is linked with multinationalism and looks into the socio-economic, cultural-ideological, historical, and separatist factors that support the emergence of asymmetries. The work also provides a legal analysis of whether constitutional asymmetry is a condition or a threat to legitimacy and stability in federal systems. The book will be essential reading for academics, researchers, and policy-makers in law and political science interested in the fields of constitutional law, federal theory, multinationalism, and minorities.

Tax Sovereignty and the Law in the Digital and Global Economy (Paperback): Francesco Farri Tax Sovereignty and the Law in the Digital and Global Economy (Paperback)
Francesco Farri
R1,216 Discovery Miles 12 160 Ships in 9 - 15 working days

This book discusses which is the most appropriate tax dimension to best manage the new horizons of the global and digital economy. In this perspective, the efficiency of the main models is examined and two fundamental proposals are put forth: the first one aims at a coordination of the Destination-Based approach with the role of some specific digital assets, such as user data; the second one is a framework for a possible futuristic tax phenomenon all internal to the world of the internet and not linked to traditional territorial States. The compliance of these models with the constitutional principles that western democratic systems have affirmed over time in matters of taxation is then analyzed with particular regard to legal certainty, consent to taxation and to the re-distributive function of taxes. A specific evaluation of the role of the European Union is carried out and the jurisprudence on financial interests of the Union and on State aids is analyzed and tackled in light of the Treaty on the Functioning of the European Union and of the tax sovereignty of member States. The conclusion is that the model of the organization with a general political purpose, from which modern States take their inspiration, appears unfailing for a tax project that would focus on the good and the growth of the person and of the social aggregations in which everyone lives. A model that therefore deserves to be safeguarded, although with new methods and instruments, starting from a Destination-Based Asset-Coordinated approach, in the Third Millennium. The book will be of interest to researchers and academics in international tax law, constitutional law and in political science.

Law Enforcement by EU Authorities - Implications for Political and Judicial Accountability (Hardcover): Miroslava Scholten,... Law Enforcement by EU Authorities - Implications for Political and Judicial Accountability (Hardcover)
Miroslava Scholten, Michiel Luchtman
R3,948 Discovery Miles 39 480 Ships in 12 - 17 working days

Law Enforcement by EU Authorities is the first comprehensive study of a new development in the field of EU law and governance: the proliferation of EU enforcement authorities (EEAs). It offers an investigation into each of the existing eight EEAs, the prospective European Public Prosecutor's Office and how they enforce EU law vis-a-vis private actors together with relevant national enforcement authorities. The study focuses on the interplay between political accountability and judicial protection in the system of shared direct enforcement. It offers a comparative investigation into the EU-national interrelationship in the field of shared enforcement and shows the need for improvement of democratic control and judicial protection in the area of 'shared tasks, but separated controls'. Expert contributors analyze these issues in relation to specific sectors, including financial/banking supervision, aviation, food law, fisheries, fraud, financial interests of the European Union, competition law and pharmaceuticals. This detailed book includes insights from both academics and practitioners, drawing on different national backgrounds and subject specialisms. It provides an important resource for researchers of EU law and governance and officials in the field of enforcement. Contributors include: F. Blanc, A. Brenninkmeijer, F. Cacciatore, M. Chamon, F. Coman-Kund, A. Corini, P. Craig, K. Cseres, T. Duijkersloot, M. Eliantonio, J. Foster, A. Karagianni, F. Kets, R. Kraaijeveld, M. Luchtman, M. Maggetti, G. Ottimofiore, A. Ottow, A. Outhuijse, M. Ratajczyk, E. Schmidt, M. Scholten, B.M.J. van der Meulen, E. van Gelder, M. van Rijsbergen, E. Versluis, J. Vervaele, M. Wasmeier, R. Widdershoven, S. Wirtz

Weak Constitutionalism - Democratic Legitimacy and the Question of Constituent Power (Paperback): Joel Colon-Rios Weak Constitutionalism - Democratic Legitimacy and the Question of Constituent Power (Paperback)
Joel Colon-Rios
R1,617 Discovery Miles 16 170 Ships in 12 - 17 working days

It has been frequently argued that democracy is protected and realized under constitutions that protect certain rights and establish the conditions for a functioning representative democracy. However, some democrats still find something profoundly unsettling about contemporary constitutional regimes. The participation of ordinary citizens in constitutional change in the world's most "advanced" democracies (such as the United States, Canada, and the United Kingdom) is weak at best: the power of constitutional reform usually lies in the exclusive hands of legislatures. How can constitutions that can only be altered by those occupying positions of power be considered democratically legitimate? This book argues that only a regime that provides an outlet for constituent power to manifest from time to time can ever come to enjoy democratic legitimacy. In so doing, it advances a democratic constitutional theory, one that combines a strong or participatory conception of democracy with a weak form of constitutionalism. The author engages with Anglo-American constitutional theory as well as examining the theory and practise of constituent power in different constitutional regimes (including Latin American countries) where constituent power has become an important part of the left's legal and political discourse. Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power will be of particular interest to legal/political theorists and comparative constitutional lawyers. It also provides an introduction to the theory of constituent power and its relationship to constitutionalism and democracy.

The legitimate justification of expropriation - A comparative law and governance (Paperback): Bjorn Hoops The legitimate justification of expropriation - A comparative law and governance (Paperback)
Bjorn Hoops
R1,462 R1,230 Discovery Miles 12 300 Save R232 (16%) Ships in 4 - 8 working days

Property is a constitutionally protected right around the world. Expropriations are lawful only if they can be legitimately justified. In the past few decades, there has been an increasing number of expropriations in favour of private business projects. Governments hope that these projects will create jobs and economic growth, but the justification of such third-party transfers for economic development is controversial. The public benefits of such expropriations are disputed, since they directly benefit private parties, and frequently do not have the desired outcome. The Legitimate Justification of Expropriation: A Comparative Law and Governance Analysis investigates the institutional, procedural, and substantive conditions under which different jurisdictions permit third-party transfers for economic development. The jurisdictions examined are the Netherlands, Germany, New York State and South Africa. The Legitimate Justification of Expropriation: A Comparative Law and Governance Analysis shows that employment or economic growth created by private business projects is a legitimate end in all the jurisdictions under examination. However, some striking differences between the jurisdictions are evident, with respect to several questions, including: Which state body decides on whether economic development is a legitimate end? Can a judge prevent unnecessary or excessive expropriations? Is the project developer obliged to implement the project? Against the backdrop of international good governance standards, The Legitimate Justification of Expropriation: A Comparative Law and Governance Analysis assesses whether the laws in these jurisdictions are adequate. The book demonstrates that the examined jurisdictions in various respects fail to meet international standards and recommends legal reforms to ensure compliance.

The Early Warning System for the Principle of Subsidiarity - Constitutional Theory and Empirical Reality (Paperback): Philipp... The Early Warning System for the Principle of Subsidiarity - Constitutional Theory and Empirical Reality (Paperback)
Philipp Kiiver
R1,172 Discovery Miles 11 720 Ships in 12 - 17 working days

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.

Birthmarks of Europe - The Origins of the European Community Reconsidered (Paperback): Edelgard Mahant Birthmarks of Europe - The Origins of the European Community Reconsidered (Paperback)
Edelgard Mahant
R954 Discovery Miles 9 540 Ships in 9 - 15 working days

By studying the negotiations which led to the conclusion of the original Treaty of Rome and the creation of the European Economic Community, this informative book, based on recently released archival sources, analyses the Franco-German bargain which shaped the Community's initial framework and policies. This is not just another book about Franco-German relations and the founding of the European Union. It presents a new theoretical framework which relates the founding of the European Community to its later development. An attempt to apply the ideational framework of the original Community to later developments, such as the single market and the Treaty on European Union, finds that the Union is still shaped by many of the ideas of the founding fathers. Birthmarks of Europe will be useful to teachers and students of the history and politics of the European Union, as well as to those studying the dynamics of the development of other regional integration networks.

Icelandic Constitutional Reform - People, Processes, Politics (Paperback): Agust Thor Arnason, Catherine Dupr e Icelandic Constitutional Reform - People, Processes, Politics (Paperback)
Agust Thor Arnason, Catherine Dupr e
R1,222 Discovery Miles 12 220 Ships in 9 - 15 working days

This collection documents, analyses, and reflects on the Icelandic constitutional reform between 2009 and 2017. It offers a unique insight into this process by providing first-hand accounts of its different stages and core issues. Its 12 substantive chapters are written by the main actors in the reform, including the Chair of the Constitutional Council that drafted the 2011 Proposal for a New Constitution. Part I opens with an address by the President of the Republic and positions the constitutional reform in its full complexity and longer-term perspective, going beyond the frequent portrayal of that process in international discussion as being solely a result of the 2008 financial crisis. Part II offers a nuanced and contextualised reflection on Iceland's innovative approach to consultation and drafting involving lay participants, including its twenty-first-century digital take on 'the people,' which attracted international attention as 'crowdsourcing.' Part III analyses the main constitutional amendment proposals, and focuses on natural resources and environmental protection, which lie at the heart of Iceland's identity. The final part reflects on the reform's wider significance and includes an interview with the current Prime Minister, who is now taking the reform forward. The volume provides a basis for reflection on a groundbreaking constitutional reform in a democratic context. This long and complex process has challenged and transformed the ways in which constitutional change can be approached, and the collection is an invitation to discuss further the practical and theoretical dimensions of Iceland's experience and their far-reaching implications.

The Silence of Constitutions (Routledge Revivals) - Gaps, 'Abeyances' and Political Temperament in the Maintenance of... The Silence of Constitutions (Routledge Revivals) - Gaps, 'Abeyances' and Political Temperament in the Maintenance of Government (Paperback)
Michael Foley
R1,173 Discovery Miles 11 730 Ships in 12 - 17 working days

First published in 1989, Michael's Foley's book deals with the 'abeyances' present in both written and unwritten constitutions, arguing that these gaps in the explicitness of a constitution, and the various ways they are preserved, provide the means by which constitutional conflict is continually postponed. Abeyances are valuable, therefore, not in spite of their obscurity, but because of it. The author illustrates his point with analyses of constitutional crises from both sides of the Atlantic. He examines the period leading up to the English civil war in the seventeenth century, and the 'imperial presidency' episode under Richard Nixon in the late 1960s and 1970s in the USA. In both cases there was no constitutionally correct solution available but, as the author demonstrates, the political skill of the participants in their use of constitutional devices allowed the anomalies of the American system to survive in a way that contrasted markedly with the plight of Charles I and the Stuart constitution. This reissue of a landmark study will be welcomed by all those interested in the interpretation and construction of constitutional law.

Law and Election Politics - The Rules of the Game (Hardcover, 2nd edition): Matthew J. Streb Law and Election Politics - The Rules of the Game (Hardcover, 2nd edition)
Matthew J. Streb
R4,224 Discovery Miles 42 240 Ships in 12 - 17 working days

Though the courts have been extremely active in interpreting the rules of the electoral game, this role is misunderstood and understudied-as, in many cases, are the rules themselves. Law and Election Politics illustrates how election laws and electoral politics are intertwined, analyzing the rules of the game and some of the most important-and most controversial-decisions the courts have made on a variety of election-related subjects. More than a typical law book that summarizes cases, Mathew Streb has assembled an outstanding group of scholars to place electoral laws and the courts' rulings on those laws in the context of electoral politics. They comprehensively cover the range of topics important to election law-campaign finance, political parties, campaigning, redistricting, judicial elections, the Internet, voting machines, voter identification, ballot access, and direct democracy. This is an essential resource both for students of the electoral process and scholars of election law and election reform.

Commonwealth Caribbean Administrative Law (Hardcover): Eddy Ventose Commonwealth Caribbean Administrative Law (Hardcover)
Eddy Ventose
R4,103 Discovery Miles 41 030 Ships in 12 - 17 working days

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.

Cluster Munitions and International Law - Disarmament With a Human Face? (Hardcover): Alexander Breitegger Cluster Munitions and International Law - Disarmament With a Human Face? (Hardcover)
Alexander Breitegger
R4,366 Discovery Miles 43 660 Ships in 12 - 17 working days

This book offers a comprehensive argument for why pre-existing international law on cluster munitions was inadequate to deal with the full scope of humanitarian consequences associated with their use. The book undertakes an interdisciplinary legal analysis of restraints and prohibitions on the use of cluster munitions under international humanitarian law, human rights law, and international criminal law, as well as in relation to the recently adopted Convention on Cluster Munitions (CCM). The book goes on to offer an in-depth substantive and procedural analysis of the negotiations which led to the 2008 CCM, in part based on the author's experiences as an adviser to Cluster Munitions Coalition-Austria.

Cluster Munitions and International Law is essential reading for practitioners and scholars of International Law, including International Humanitarian, Human Rights, International Criminal or Disarmament Law and anyone interested in legal and humanitarian perspectives on cluster munitions legislation and policy. It is unique in bringing a practitioner's perspective to a scholarly work.

The Silence of Constitutions (Routledge Revivals) - Gaps, 'Abeyances' and Political Temperament in the Maintenance of... The Silence of Constitutions (Routledge Revivals) - Gaps, 'Abeyances' and Political Temperament in the Maintenance of Government (Hardcover)
Michael Foley
R4,205 Discovery Miles 42 050 Ships in 12 - 17 working days

First published in 1989, Michael's Foley's book deals with the 'abeyances' present in both written and unwritten constitutions, arguing that these gaps in the explicitness of a constitution, and the various ways they are preserved, provide the means by which constitutional conflict is continually postponed. Abeyances are valuable, therefore, not in spite of their obscurity, but because of it. The author illustrates his point with analyses of constitutional crises from both sides of the Atlantic. He examines the period leading up to the English civil war in the seventeenth century, and the 'imperial presidency' episode under Richard Nixon in the late 1960s and 1970s in the USA. In both cases there was no constitutionally correct solution available but, as the author demonstrates, the political skill of the participants in their use of constitutional devices allowed the anomalies of the American system to survive in a way that contrasted markedly with the plight of Charles I and the Stuart constitution. This reissue of a landmark study will be welcomed by all those interested in the interpretation and construction of constitutional law.

Public Law (Paperback): Chris Monaghan Public Law (Paperback)
Chris Monaghan
R1,219 Discovery Miles 12 190 Ships in 9 - 15 working days

* Grounded in context, explaining how Public Law operates in practice. For example, this would provide students with an overview of the practical steps in a judicial review application and examples of relevant documents. This approach would be mindful of the changing curriculum legal education in light of the Solicitors Regulation Authority's proposals with the SQ1 and SQ2 exam. * Provide a balance in terms of content between Constitutional Law, Human Rights and Administrative Law, in order for the proposed text to be suited to a large number of Public Law courses. * Includes fully integrated pedagogy to help visual learners work through the more complex material. Some features, such as maps, are not commonly seen in Public Law textbooks.

The Early Warning System for the Principle of Subsidiarity - Constitutional Theory and Empirical Reality (Hardcover): Philipp... The Early Warning System for the Principle of Subsidiarity - Constitutional Theory and Empirical Reality (Hardcover)
Philipp Kiiver
R4,204 Discovery Miles 42 040 Ships in 12 - 17 working days

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.

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Constitutional Law
Paperback R1,330 R1,075 Discovery Miles 10 750
The protection of human rights in South…
J.C. Mubangizi Paperback R807 R706 Discovery Miles 7 060
The January 6th Report
Select Committee to Investigate the January 6th Attack on the United States Capitol, David Remnick, … Paperback R508 R431 Discovery Miles 4 310
The Language of Constitutional…
Francois Venter Hardcover R2,999 Discovery Miles 29 990
Military Justice - The Rights and Duties…
Nigel D. White Paperback R1,307 Discovery Miles 13 070
Comparative Constitutional Law in Africa
Rosalind Dixon, Tom Ginsburg, … Hardcover R4,223 Discovery Miles 42 230
Understanding the onstitution of the…
W. Freedman Paperback R359 R316 Discovery Miles 3 160
Casebook On The South African Law Of…
Jacqueline Heaton Paperback R425 R394 Discovery Miles 3 940
Comparative Constitutional Theory
Gary Jacobsohn, Miguel Schor Paperback R1,663 Discovery Miles 16 630

 

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