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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General
'The fields of comparative administrative law and its close cousin,
regulatory law, are now experiencing the explosion that occurred a
while ago in comparative constitutional law. This Bignami and
Zaring volume provides both excellent introduction into these
newest developments and a record of substantial research
achievements.' - Martin Shapiro, University of California,
Berkeley, School of Law Regulation today is global. It affects
everything from e-commerce to product safety to air quality and
much more. How is regulation made and enforced in the multiple
domestic and international jurisdictions called upon to address the
problems of international markets and global society? To understand
the global regulatory process, it is necessary to move beyond
conventional sub-fields of law like administrative law and
international law. Drawing on contributions from an international
team of leading scholars with diverse subject and country
expertise, Comparative Law and Regulation introduces a new field of
legal research geared at understanding the operation of the
regulatory process across the world. The volume affords
cutting-edge analysis of the entire gamut of regulatory law:
rulemaking by bureaucracies, legislatures, and private bodies;
oversight by public and private actors; civil and criminal
enforcement; and judicial review. The chapters cover over thirty
different domestic and international jurisdictions, including the
United States, Germany, the European Union, India, China, South
Korea, Colombia, the World Trade Organization, and private
investor-state arbitral tribunals. The theoretical and
methodological innovations introduced in this book will make it
compulsory reading for scholars of public law, comparative law, and
international law as well as those working in public policy,
political science, and economics. For legal professionals in
government agencies and the private sector, it affords both a
useful theoretical framing of the complex issues involved in
international and comparative regulation and an up-to-date overview
of the legal and technical aspects. Contributors include: J. Baert
Wiener, F. Bignami, A.R. Chapman, C. Coglianese, E.A. Feldman, C.
Fish, L. Forman, J. Fowkes, D.A. Hensler, H.C.H. Hofmann, C.-Y.
Huang, R.D. Kelemen, E. Lamprea, D.S. Law, D. Lima Ribeiro, J.
Ohnesorge, L. Peter, S. Rose-Ackerman, G. Shaffer, J.L. Short, S.
Smismans, B. Van Rooij, W. Wagner, B. Worthy, J. Yackee, D. Zaring
This collection analyses the place and the functioning of
interparliamentary cooperation in the EU composite constitutional
order, taking into account both the European and the national
dimensions. The chapters join the recent scholarship on the role of
parliaments in the EU after the Treaty of Lisbon.The aim of this
volume is to highlight the constitutional significance of
interparliamentary cooperation as a permanent feature of EU
democracy and as a new parliamentary function as well as to
investigate the practical side of this relatively new phenomenon.
To this end the contributors are academics and parliamentary
officials from all over Europe. The volume discusses the
developments in interparliamentary cooperation and its implications
for the organisation and procedures of national parliaments and the
European Parliament, for the fragmented executive of the EU, and
for the democratic legitimacy of the overall EU composite
Constitution. These issues are examined by looking at the European
legislative process, the European Semester and the Treaty
revisions. Moreover, the contributions take into account the
effects of interparliamentary cooperation on the internal structure
of parliaments and analyse the different models of
interparliamentary cooperation, ie from COSAC to the new
Interparliamentary Conference on Stability, Economic Coordination
and Governance in the European Union provided by the Fiscal
Compact.
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Mare Clausum. Of the Dominion, or, Ownership of the Sea. Two Books
- In the First, is Shew'd that the Sea, by the Law of Nature, or Nations, is Not Common to All Men but Capable of Private Dominion or Proprietie as well as the Land in the Second, is Proved That the Dominion of the British Sea, or That Which Incompasseth the
(Hardcover)
John Selden
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R1,493
R1,210
Discovery Miles 12 100
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Originally published: London: William Du-Gard, 1652. xlvi], 500,
10], 37 pp. Reprint of the first edition in English. Mare Clausum
(Dominion of the Sea) is the most famous British reply to the
argument of Grotius's Mare Liberum, which denied the validity of
England's claim to the high seas south and east of England. John
Selden 1584-1654] argued that England's jurisdiction extends, in
fact, to all waters surrounding the isles. His use of common-law
principles to rebut Grotius's philosophical argument is quite
impressive. Holdsworth notes that his case was enriched by "a vast
historical knowledge, replete with references to the customs of
peoples from the times of the Greeks to his time." Holdsworth, A
History of English Law V: 10-11.
There are many challenges that national and supranational judges
have to face when fulfilling their roles as guardians of
constitutionalism and human rights. This book brings together
academics and judges from different jurisdictions in an endeavour
to uncover the intricacies of the judicial function. The
contributors discuss several points that each represent
contemporary challenges to judging: analysis of judicial balancing
of conflicting considerations; the nature of courts' legitimacy and
its alleged dependence on public support; the role of judges in
upholding constitutional values in the times of transition to
democracy, surveillance and the fight against terrorism; and the
role of international judges in guaranteeing globally recognized
fundamental rights and freedoms. This book will be of interest to
human rights scholars focusing on the issues of judicial oversight,
as well as constitutional law scholars interested in comparative
perspectives on the role of judges in different contexts. It will
also be useful to national constitutional court judges, and law
clerks aiming to familiarise themselves with judicial practices
within other jurisdictions. Contributors: A. Abat i Ninet, E.
Afsah, C. Ayala, A. Barak, O. Bassok, D.T. Bjoergvinsson, W.
Hoffmann-Riem, D. Hope, D. Jenkins, H. Krunke, TJ McIntyre, M.
Scheinin, B. Tuzmukhamedov, G. Ulfstein, A. Usacka
Myanmar's Constitution of 2008 was the 'road map' for the reform
process that began in 2011. Despite extensive criticism of this
Constitution for its emphasis on the role of the military, much
progress has been made towards constitutional government and law
reform. With the election of the opposition NLD to government in
the general election of November 2015 and the presidential
electoral college election of March 2016,now is the time to
consider the Constitution, and prospects and needs for
constitutional change as Myanmar moves towards democracy and the
rule of law. Much has been made of the Constitution's rigidity,
which is seen as an obstacle to reform and inconsistent with
embracing the rule of law, human rights and multi-party democracy,
especially with a rapidly transforming state and society.
Nonetheless, the Constitution is also seen as having potential to
be a very positive force for reform. Many issues arise now for
constitutionalism and constitutional change: presidency; federalism
and territorial governance; the status of minorities and freedom of
religion; civil liberties in what is described as a
'discipline-flourishing democracy'; the courts, justice and the
rule of law; the electoral system; and many more. This book is an
attempt to gauge the extent and potential for the entrenchment of
constitutionalism in Myanmar in a rapidly changing environment.
Increased diversity and shifting social identities have created
significant effects on contemporary legislative systems. These
shifts have altered how legislative bodies conduct, implement, and
pass various policies and bills. Impacts of Faith-Based Decision
Making on the Individual-Level Legislative Process: Emerging
Research and Opportunities is an innovative source of scholarly
material on the religious influences of modern society on marital
law. Including perspectives on topics such as same-sex marriage,
religious values, and bill sponsorship, this book is ideally
designed for researchers, academics, professionals, graduate
students, and policy makers interested in the latest developments
on legislative decision making.
Title 3 presents regulations for the handling and dissemination of
Presidential documents and the standards of conduct, public
information provisions, and the enforcement of non-discrimination
on the basis of handicap applicable to the Executive Office of the
President. Additions and revisions to this section of the code are
posted annually by January. Publication follows within six months.
An up-to-date, all-encompassing, and nonpartisan presentation of
questions and answers about the U.S. Constitution and its
amendments-an invaluable tool for readers regardless of their
political orientation. Readers will easily grasp the foundations
and purposes of the U.S. Constitution-and the critical importance
and implications of its amendments-through a series of questions
and answers about constitutional topics. The work proceeds
logically, covering each article, section, and amendment,
explaining how each constitutional change over history affects
earlier parts of the document. Created as an approachable,
introductory book for high school and college students as well as
general readers, The United States Constitution: Questions and
Answers, Second Edition is an effective learning tool when read
from start to finish, or when used to focus on and research
specific constitutional provisions of interest. Its extensively
updated and revised coverage since the first edition includes many
key cases and serves to direct paramount attention to the
constitutional document itself. Provides thoroughly revised
information through the latest term of the U.S. Supreme Court
Presents unique insights and perspective from the author's
wide-ranging research and previous publications on the subject
Ideal for students researching specific constitutional topics or
engaged in academic competitions regarding the Constitution as well
as general readers interested in following and better understanding
contemporary political issues
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