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How was the vast ancient Chinese empire brought together and effectively ruled? What are the historical origins of the resilience of contemporary China's political system? In The Constitution of Ancient China, Su Li, China's most influential legal theorist, examines the ways in which a series of fundamental institutions, rather than a supreme legal code upholding the laws of the land, evolved and coalesced into an effective constitution. Arguing that a constitution is an institutional response to a set of issues particular to a specific society, Su Li demonstrates how China unified a vast territory, diverse cultures, and elites from different backgrounds into a whole. He delves into such areas as uniform weights and measurements, the standardization of Chinese characters, and the building of the Great Wall. The book includes commentaries by four leading Chinese scholars in law, philosophy, and intellectual history-Wang Hui, Liu Han, Wu Fei, and Zhao Xiaoli-who share Su Li's ambition to explain the resilience of ancient China's political system but who contend that he overstates functionalist dimensions while downplaying the symbolic. Exploring why China has endured as one political entity for over two thousand years, The Constitution of Ancient China will be essential reading for anyone interested in understanding the institutional legacy of the Chinese empire.
Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but is employed by academics, pundits and judges to maintain the mistaken faith that the Court decides cases under the law instead of the Justices' personal values. Tracing the development of the doctrine from the founding to present day, Eric J. Segall shows how originalism is used by judges as a pretext for reaching politically desirable results. The book also presents an accurate description and evaluation of the late Justice Scalia's jurisprudence and shows how he failed to practice the originalism method that he preached. This illuminating work will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith.
Are Supreme Court justices swayed by the political environment that surrounds them? The intuitive response of most is "yes," and most point to trends in electoral politics as well as the nature of the relationship between the three branches of government. It is not that simple, however. As the eminent law and politics scholars Neal Devins and Larry Baum show in The Company They Keep, justices today are reacting to far more subtle social drivers than pressure from other branches of government or mass public opinion. In particular, by making use of social psychology, they examine why Justices are apt to follow the lead of the elite social networks that they are a part of. That is, the justices take cues primarily from the people who are closest to them and whose approval they care most about: political, social, and professional elites. The result is a court in which the justices' ideological stances reflect the dominant views in the appointing president's party. Devins and Baum argue that today's partisanship on the Court is also tied to the emergence of the conservative legal network-a social network that reinforces the conservative leanings of Republican appointees. For earlier Courts, elite social networks were not divided by political party or ideology, but for today's Court, elite social networks are largely bifurcated by partisan and ideological loyalties, and the Justices reflect that bifurcation. A fascinating examination the factors that impact decision-making, The Company They Keep will reshape our understanding of the contemporary Supreme Court.
In its centenary year, this volume is a study of the Representation of the People Act of 1918 which was a landmark in modern British history and the most substantial change ever made in the electoral system. Investigates how it nearly trebled the electorate, extending the franchise to all adult men and giving the vote to women for the first time Examines its effects upon the Conservative, Liberal, and Labour Parties; in the three diverse regions of the West Midlands, Scotland, and Ireland Demonstrates its impact on the house of commons, the national press, and the evolution of the women's franchise from 1918 to full equality with men in 1928
To many, the rejections of the Constitutional Treaty by Dutch and French voters in 2005 came as a shock. However, given the many tensions and the many unresolved issues it was quite unsurprising. The challenges facing the Constitutional debate go to the core of the European integration process as they have to do with the terms on which to establish a post-national political order. This book deals with four themes which make up the main sources of the 'constitutional crisis': The problem of the rule of law in a context of governance beyond the nation state The problem of the social deficit of the Union The problem of identity and collective memories The problem of institutionalizing post-national democracy. These themes constitute the unfinished agenda of the European integration process. Law, Democracy and Solidarity in a Post-national Union is based on the efforts of a collection of top scholars in the fields of Law, Political Science, Sociology and Economics, and will appeal to students and scholars of political science, the European Union and European studies.
Since its first edition in 1985, The Changing Constitution has cemented its reputation for providing concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform. The ninth edition of this highly successful volume is published at a time of accelerated constitutional change. This collection of essays brings together fourteen expert contributors to offer an invaluable source of material and analysis for all students of constitutional law and politics. It clarifies the scope of the powers exercised by central, devolved and local governments within the UK, and the relationship between Britain, the EU and other regional and international legal systems. Digital formats This ninth edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
Wade and Forsyth's Administrative Law has been a cornerstone text since its first edition in 1961. It provides a comprehensive and perceptive account of the principles of judicial review and the administrative arrangements of the United Kingdom. For over fifty years, Administrative Law has been trusted by students in the UK and internationally and is extensively cited by Courts in England and Wales. The book's clarity of exposition makes it accessible to the student approaching the subject for the first time, whilst its breadth of coverage and perceptive insight ensure its value to all interested in this field, academics and practitioners alike.
This casebook emphasizes current doctrine and its historical evolution in exploring the four basic foundations of federal administrative law: separation of powers, statutorily and constitutionally required procedures for agency adjudication and rulemaking, scope of judicial review of agency action, and the availability and timing of judicial review. The book concentrates on federal rather than state administrative law, on the belief that an understanding of federal law can be translated into other settings if so desired. The book maintains the straightforward organization and don't-hide-the-ball presentation that has characterized the book since its inception. The Eighth Edition contains six new principal cases and numerous new notes on topics ranging from executive orders to the appointments clause to the definition of the record in informal proceedings. The book prominently continues, from the prior edition, to expand materials on statutory interpretation to accommodate the increasing inclusion of Administrative Law in the first-year curriculum.
Can authoritarian regimes use democratic institutions to strengthen and solidify their rule? The Chinese government has legislated some of the most protective workplace laws in the world and opened up the judicial system to adjudicate workplace conflict, emboldening China's workers to use these laws. This book examines these patterns of legal mobilization, showing which workers are likely to avail themselves of these new protections and find them effective. Gallagher finds that workers with high levels of education are far more likely to claim these new rights and be satisfied with the results. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. Using workers' narratives, surveys, and case studies of protests, Gallagher argues that China's half-hearted attempt at rule of law construction undermines the stability of authoritarian rule. New workplace rights fuel workers' rising expectations, but a dysfunctional legal system drives many workers to more extreme options, including strikes, demonstrations and violence.
The Constitution is not so simple that it explains itself-nor so complex that only experts can understand it. In this accessible, nonpartisan quick reference, historian Andrew Arnold provides concise explanations of the Constitution's meaning and history, offering little-known facts and anecdotes about every article and all twenty-seven amendments. This handy guide won't tell you what the Constitution ought to say, nor what it ought to mean. It will tell you what the Constitution says and what it has meant. A Pocket Guide to the US Constitution presents a straightforward way to understand the American Constitutional system. Without wading through lengthy legal prose, heavy historical analysis, or polemical diatribes, you can easily find out what the emoluments clause means, learn about gerrymandering and separation of powers, or read a brief background on why slaves in colonial America were considered 3/5 of a person. Small enough to put in your pocket, backpack, or briefcase, A Pocket Guide to the US Constitution can be used to comprehend current events, dig deeper into court cases, or sort out your own opinions on constitutional issues.
The Research Network on EU Administrative Law (ReNEUAL) was established in 2009 and now comprises well over one hundred scholars and practitioners active in the field of EU and comparative public law. The aim of the network is to contribute to the development of a legal framework in which the constitutional values of the EU can be embedded in the exercise of public authority. Drafted by four working groups addressing the main aspects of EU administrative procedure, the ReNEUAL Model Rules offer a toolkit for European and domestic authorities seeking to regulate administrative action, reinforcing general principles of EU law and identifying, on the basis of comparative research, best practices in different specific policies of the EU. The book includes an extended introduction chapter, followed by the Model Rules, which are organised into six parts. Part I addresses general issues concerning the scope of the Model Rules and their relation to existing rules in EU legislation and Member State law; Part II is concerned with rulemaking by EU institutions, bodies, offices, and agencies; Part III focuses on single case decision-making by EU institutions, bodies, offices, and agencies; Part IV addresses contracts of EU institutions, bodies, offices, and agencies; Part V discusses mutual assistance between administrations; and Part VI addresses inter-administrative information management.
This landmark book provides the first systematic overview of the key scholarly contributions in an emerging field of research on constitutionalism: the sociology of constitutions. It presents chapters offering very different normative and methodological approaches to constitutions, ranging from analysis of national constitutional law, to research on transnational legal forms, to discussions of the constitutional impact of international human rights law. The book makes an important contribution to a series of wider debates - spanning constitutional law, legal theory, comparative constitutionalism, sociology, and political science - about the changing nature of constitutionalism. Researchers and students in constitutional law will gain a comprehensive appreciation of a diverse range of distinctively sociological approaches to constitutional law and an in-depth understanding of distinctive sociological dimensions of constitutions. The book offers insights into the sources of constitutional normativity in society and it proposes different sociological methods for addressing them.
Innovative contracting case studies is an iterative, evolving document that describes a number of ways Federal agencies are getting more innovation per taxpayer dollar -- all under existing laws and regulations. This book discusses the case studies, and provides a legal overview of the competition in federal contracting.
This book presents an analysis of the concept of the administrative act and its classification as 'foreign', and studies the administrative procedure for adopting administrative acts in a range of countries in and outside Europe. While focusing on the recognition and execution of foreign administrative acts, the book examines the validity, efficacy and enforceability of foreign administrative acts at national level. The book starts with a general analysis of the issue, offering general conclusions about the experiences in different countries. It then analyses the aforementioned themes from the perspective of the domestic law of different European nations and a number of international organisations (European Union, MERCOSUR, and Andean Community). In addition, the book studies the role of the European Union in the progress towards the recognition and execution of foreign administrative acts, where the principle of mutual recognition plays a vital part. Finally, the book analyses the international conventions on the recognition and execution of administrative acts and on the legalisation of public documents.
In India, judicial review is not a static phenomenon. It has ensured that the Constitution is the supreme law of the land, and in situations when a law impinges on the rights and the liberties of citizens, it can be pruned or made void. This is a collection of scholarly essays demonstrating the different facets of judicial review based on the vast area of comparative constitutional law. Importantly, it honours the body of work of Upendra Baxi, legal scholar and author, whose contributions have shaped our understanding of legal jurisprudence and expanded the scope of social transformation in India. This volume recognizes his role as an Indian jurist. Various constitutional law experts come together to reflect on his expositions on the role of the apex court, judicial activism, accountability of judiciary, laws on surrogacy and adultery and so on.
In recent years, law and religion scholarship has increasingly emphasized the need to study the interaction of legal and religious ideas and institutions, norms and practices. The overall question that this scholarship explores may be stated as follows: how do legal and religious ideas and institutions, methods and mechanisms, beliefs and believers influence each other, for better and for worse, in the past, present and future? This volume engages this area of scholarship by examining how law regulates religion, and how religion responds to such regulations. It examines underlying norms influencing state regulation of religion, and challenges emerging from such regulation. Importantly, this volume will go beyond the conventional enquiries that draw upon the Anglo-European approaches and experiences, and emphasize instead Asian perspectives in order to expand and build upon existing understandings about the complex relationship between law and religion.
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.
Justice Antonin Scalia (1936-2016) was the single most important figure in the emergence of the "new originalist" interpretation of the US Constitution, which sought to anchor the court's interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia's legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
The first wave of democratization in the United States - the removal of property and taxpaying qualifications for the right to vote - was accompanied by the disenfranchisement of African American men, with the political actors most supportive of the former also the most insistent upon the latter. The United States is not unique in this respect: other canonical cases of democratization also saw simultaneous expansions and restrictions of political rights, yet this pattern has never been fully detailed or explained. Through case studies of the USA, the UK, and France, Disenfranchising Democracy offers the first cross-national account of the relationship between democratization and disenfranchisement. It develops a political institutional perspective to explain their co-occurrence, focusing on the politics of coalition-building and the visions of political community coalitions advance in support of their goals. Bateman sheds new light on democratization, connecting it to the construction of citizenship and cultural identities.
Public Law: Text, Cases, and Materials offers a fresh approach to the study of constitutional and administrative law by exploring how the law works in practice. The inclusion of extracts from key cases, government reports and academic articles demonstrates the law in action and the incisive commentary that accompanies them explains the significance of each. The expert authors have distilled their knowledge of the institutions and legal principles into concise, focused prose, and they encourage reflection through regular questions and hypothetical examples. This leading text provides students with a thorough and wide-ranging knowledge of public law, together will a full understanding of the theoretical and political debates in this fascinating and dynamic area of law. Digital formats and resources The fourth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources that support the book include: -Multiple choice questions with answers for students to test their feedback -Updates from the authors covering the latest developments in public law
In the age of democratic constitutional government, every citizen
expects to be treated fairly by the public administration.
Constitutions adopted after 1990 have increasingly contained
provisions that oblige the public administration to act lawfully,
reasonably and procedurally fairly, and frequently grant citizens
the legal right to seek review of administrative action affecting
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