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

Domestic Counter-Terrorism in a Global World - Post-9/11 Institutional Structures and Cultures in Canada and the United Kingdom... Domestic Counter-Terrorism in a Global World - Post-9/11 Institutional Structures and Cultures in Canada and the United Kingdom (Paperback)
Daniel Alati
R1,261 Discovery Miles 12 610 Ships in 12 - 17 working days

Although both Canada and the United Kingdom had experienced terrorism prior to the attacks of 9/11 and already had in place extensive provisions to deal with terrorism, the events of that day led to the enactment of new and expansive counter-terrorism legislation being enacted in both jurisdictions. This book explores these changes to counter-terrorism laws and policies in the UK and Canada in order to demonstrate that despite the force of international legal instruments, including the heavily scrutinized UN Security Council Resolution 1373, the evolution of counter-terrorism policies in different jurisdictions is best analyzed and understood as a product of local institutional structures and cultures. The book compares legal and political structures and cultures within Canada and the United Kingdom. It analyses variations in the evolution post-9/11 counter-terrorism measures in the two jurisdictions and explores the domestic reasons for them. While focus is primarily geared towards security certificates and bail with recognizance/investigative hearings in Canada, and detention without trial, control orders and TPIMs in the UK, the use of secret evidence in the wider national security context (terrorist listing, civil litigation, criminal prosecutions, etc.) is also discussed. The book reveals how domestic structures and cultures, including the legal system, the relative stability of government, local human rights culture, and geopolitical relationships all influence how counter-terrorism measures evolve. In this sense, the book utilizes a methodology that is both comparative and interdisciplinary by engaging in legal, political, historical and cultural analyses. This book will be particularly useful for target audiences in the fields of comparative law and criminal justice, counter-terrorism law, human rights law, and international relations and politics.

Reimagining Civil Society Collaborations in Development - Starting from the South (Paperback): Margit van Wessel, Tiina... Reimagining Civil Society Collaborations in Development - Starting from the South (Paperback)
Margit van Wessel, Tiina Kontinen, Justice Nyigmah Bawole
R1,147 Discovery Miles 11 470 Ships in 9 - 15 working days

At a time when uneven power dynamics are high on development actors' agenda, this book will be an important contribution to researchers and practitioners working on innovation in development and civil society. While there is much discussion of localization, decolonization and 'shifting power' in civil society collaborations in development, the debate thus far centers on the aid system. This book directs attention to CSOs as drivers of development in various contexts that we refer to as the Global South. This book take a transformative stance, reimagining roles, relations and processes. It does so from five complementary angles: (1) Southern CSOs reclaiming the lead, 2) displacement of the North-South dyad, (3) Southern-centred questions, (4) new roles for Northern actors, and (5) new starting points for collaboration. The book relativizes international collaboration, asking INGOs, Northern CSOs, and their donors to follow Southern CSOs' leads, recognizing their contextually geared perspectives, agendas, resources, capacities, and ways of working. Based in 19 empirically grounded chapters, the book also offers an agenda for further research, design, and experimentation. Emphasizing the need to 'Start from the South' this book thus re-imagines and re-centers Civil Society collaborations in development, offering Southern-centred ways of understanding and developing relations, roles, and processes, in theory and practice. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license. Funded by Wageningen University.

Constitutional Remedies in Asia (Hardcover): Po Jen Yap Constitutional Remedies in Asia (Hardcover)
Po Jen Yap
R3,913 Discovery Miles 39 130 Ships in 12 - 17 working days

Many jurisdictions in Asia have vested their courts with the power of constitutional review. Traditionally, these courts would invalidate an impugned law to the extent of its inconsistency with the constitution. In common law systems, such an invalidation operates immediately and retrospectively; and courts in both common law and civil law systems would leave it to the legislature to introduce corrective legislation. In practice, however, both common law and civil law courts in Asia have devised novel constitutional remedies, often in the absence of explicit constitutional or statutory authorisation. Examining cases from Hong Kong, Bangladesh, Indonesia, India, and the Philippines, this collection of essays examines four novel constitutional remedies which have been judicially adopted - Prospective Invalidation, Suspension Order, Remedial Interpretation, and Judicial Directive - that blurs the distinction between adjudication and legislation.

Civil Rights Actions - Enforcing the Constitution (Hardcover, 5th Revised edition): John C. Jeffries Jr., Pamela S Karlan,... Civil Rights Actions - Enforcing the Constitution (Hardcover, 5th Revised edition)
John C. Jeffries Jr., Pamela S Karlan, Peter W. Low, George A Rutherglen
R8,146 Discovery Miles 81 460 Ships in 12 - 17 working days

This casebook provides the most complete treatment available of constitutional tort actions under 42 U.S.C. 1983 and Bivens. The elaborate and increasingly controversial doctrines of official immunity are examined in detail, as is the possibility of direct governmental liability under Monell v. Dept. of Social Services. The Fifth Edition also provides complete coverage of the Civil Rights Attorney's Fees Award Act and its implications for constitutional tort litigation. The book also explores the relation of 1983 to the Eleventh Amendment, to the potential overlap with federal habeas corpus, to the application of doctrines of preclusion, and to conflicts between state and federal law. It also provides an introduction to other Reconstruction Civil Rights Acts ( 1981, 1982, and 1985), to modern statutes such as Title VII and Title IX (which add sex discrimination to previously prohibited grounds of discrimination), and to structural reform litigation in schools and prisons.

Skull Wars - Kennewick Man, Archaeology, And The Battle For Native American Identity (Paperback): David Thomas Skull Wars - Kennewick Man, Archaeology, And The Battle For Native American Identity (Paperback)
David Thomas
R530 R448 Discovery Miles 4 480 Save R82 (15%) Ships in 10 - 15 working days

Centred on the lawsuit over Kennewick Man, this history illuminates one of the most contentious issues in science: the battle between archeologists and American Indians. The 1996 discovery, near Kennewick, Washington, of a 9000-year-old Caucasoid skeleton brought more to the surface than bones. The explosive controversy and resulting lawsuit also raised a far more fundamental question: Who owns history? Many Indians see archaeologists as desecrators of tribal rites and traditions; archaeologists see their livelihoods and science threatened by the 1990 Federal Reparation Law, which gives tribes control over remains in their traditional territories. In this work, Thomas charts the riveting story of this lawsuit, the archaeologists' deteriorating relations with American Indians, and the rise of scientific archaeology. His telling of the tale gains extra credence from his own reputation as a leader in building co-operation between the two sides.

Rebel Streets and the Informal Economy - Street Trade and the Law (Paperback): Alison Brown Rebel Streets and the Informal Economy - Street Trade and the Law (Paperback)
Alison Brown
R1,357 Discovery Miles 13 570 Ships in 12 - 17 working days

Street trade is a critical and highly visible component of the informal economy, linked to global systems of exchange. Yet policy responses are dismissive and evictions commonplace. Despite being progressively marginalised from public space, street traders in the global south are engaged in spatial and political battlegrounds to reclaim space, and claim de facto property rights over their place of work, through quiet infiltration, union power, or direct action. This book explores 'rebel streets', the challenges faced by informal economy actors and how organised groups are seeking to reframe legal understandings to create new claims to space and urban rights. The book sets out new thinking and a conceptual framework for improved understanding of the plural relationship between law, rights, and space for the informal economy, the contest between traditional, modernist and rights-based approaches to development, and impacts on the urban working poor. With a focus on street trading, the book seeks to reframe the legal context in which modern informal economies operate, drawing on key areas of academic inquiry and case studies of how vendors are staking claim to urban rights. The book argues for a reconceptualisation of legal instruments to provide a rights-based framework for urban work that recognises the legitimacy of urban informal economies, the scope for collective management of urban resources, and the social value of public space as a site for urban livelihoods. It will be of interest to students and scholars of geography, economics, urban studies, development studies, political studies and law.

EU Law, Fundamental Rights and National Democracy (Hardcover): Eduardo Gill-Pedro EU Law, Fundamental Rights and National Democracy (Hardcover)
Eduardo Gill-Pedro
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

The orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states to respect EU fundamental rights. It first sets out a legal theoretical account of how human rights can complement democracy. It argues that they can do so only if they are understood as both the conditions for the democratic process, and the outcome of such a democratic process. In light of this legal theoretical account of human rights, this book examines the demands which the Court of Justice of the EU (CJEU) imposes on the national orders in respect of EU fundamental rights. The conclusion reached is that the demands which EU fundamental rights impose on national legal orders entail a cost for the democratic legitimacy of those legal orders. Ultimately, accepting the demands of the CJEU in respect of EU fundamental rights may require the national legal order to abandon its commitment to protecting the human rights which are the foundation of the national legal order's very legitimacy.

The EU and the Proliferation of Integration Principles under the Lisbon Treaty (Hardcover): Francesca Ippolito, Maria Eugenia... The EU and the Proliferation of Integration Principles under the Lisbon Treaty (Hardcover)
Francesca Ippolito, Maria Eugenia Bartoloni, Massimo Condinanzi
R3,914 Discovery Miles 39 140 Ships in 12 - 17 working days

The entry into force of the Lisbon Treaty has brought about a proliferation of "integration principles". In addition to the environmental integration principle, which has been part of the EU legal framework for some time, the Lisbon Treaty introduced the principles of gender equality integration, social policy integration, non-discrimination integration, consumer protection integration as well as animal welfare integration. Furthermore, a general principle of integration policy objectives is contained in Article 7 TFEU, requiring that the Union must ensure consistency between its policies and activities, taking all relevant policy requirements listed under the TFEU into account in the adoption of any legislative measure. These integration principles must be pursued, or at least taken into account, when decisions are being taken in almost any area of EU policy-making. However, there is considerable uncertainty regarding the normative implications of the various integration principles as well as their legal value and practical relevance for EU policymaking. This book addresses the implications of the proliferation of sectorial integration principles and the introduction of a universal requirement of policy consistency in terms of the division of competences between the Union and the Member States as well as the scope for judicial review of the EU legislative process. In particular, it explores whether the introduction of various integration principles has led to an extension of Union competences and whether it has limited the scope for judicial review by extending the discretionary power of the Union institutions.

The Normalization of Saudi Law (Hardcover): Chibli Mallat The Normalization of Saudi Law (Hardcover)
Chibli Mallat
R3,143 Discovery Miles 31 430 Ships in 10 - 15 working days

Saudi Arabia has never commanded more attention and yet it remains one of the world's least understood countries. In The Normalization of Saudi Law, Chibli Mallat dives into the heart of Saudi society, politics, and business by exploring the workings of its courts. Legal practitioners and scholars will find a comprehensive analysis of the law's operation in the kingdom. The practitioner will access full thematic coverage of all important fields: judicial organization, contracts and torts, crime, family, property, administration, commerce, companies, banking, insolvency, the stock market, the constitution, succession, and human rights, with major statutes and a large number of court decisions distilled in 16 chapters. The scholar is presented with an assessment of a dynamic legal process, a 'normalization' of Saudi law where developing norms are both 'normal' (usual) and 'normative' (carrying moral force). This includes judges reshaping Islamic law by applying it in everyday transactions and disputes as they interpret classical treatises and modern statutes. In whole, The Normalization of Saudi Law paints a compelling picture of a fast-changing country. The book is a systematic study of Saudi law over nearly a decade, and its analysis draws from Mallat's involvement as a legal expert in landmark decisions around the world and as a law professor in leading universities in the Middle East, Europe, and America. The book reflects his work with Saudi law students and practicing colleagues, from cases in commercial law to those involving government and human rights. The Normalization of Saudi Law will interest both readers following the fast-changing world of comparative law and those intrigued by Saudi Arabia.

Leading Works in Law and Religion (Hardcover): Russell Sandberg Leading Works in Law and Religion (Hardcover)
Russell Sandberg
R3,909 Discovery Miles 39 090 Ships in 12 - 17 working days

Leading Works in Law and Religion brings together leading and emerging scholars in the field from the United Kingdom and Ireland. Each contributor has been invited to select and analyse a 'leading work', which has for them shed light on the way that Law and Religion are intertwined. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field, exploring in particular the interdisciplinary potential of the study of Law and Religion. The book also includes a specially written introduction and conclusion, which critically comment upon the development of Law and Religion over the last 25 years and likely future developments in light of the reflections by contributors on their chosen leading works.

The Legal Power to Launch War - Who Decides? (Hardcover): Michael Head, Kristian Boehringer The Legal Power to Launch War - Who Decides? (Hardcover)
Michael Head, Kristian Boehringer
R3,913 Discovery Miles 39 130 Ships in 12 - 17 working days

The issue of who has the power to declare war or authorise military action in a democracy has become a major legal and political issue, internationally, and is set to become even more pertinent in the immediate future, particularly in the wake of military action in Syria, ongoing wars in the Middle East, and tense discussions between the United States and its allies, and Russia and China. This book comparatively examines the executive and prerogative powers to declare war or launch military action, focusing primarily on the United States, Britain and Australia. It explores key legal and constitutional questions, including: who currently has the power/authority to declare war? who currently has the power to launch military action without formally declaring war? how, if at all, can those powers be controlled, legally or politically? what are the domestic legal consequences of going to war? In addition to probing the extensive domestic legal consequences of going to war, the book also reviews various proposals that have been advanced for interrogating the power to commence armed conflict, and explores the reasons why these propositions have failed to win support within the political establishment.

Gender and Judicial Education - Raising Gender Awareness of Judges (Paperback): Ulrike Schultz, T Brettel Dawson, Gisela Shaw Gender and Judicial Education - Raising Gender Awareness of Judges (Paperback)
Ulrike Schultz, T Brettel Dawson, Gisela Shaw
R1,357 Discovery Miles 13 570 Ships in 12 - 17 working days

Judicial Education has greatly expanded in common law countries in the past 25 years. More recently it has become a core component in judicial reform programs in developing countries with gender attentiveness as an element required by donor agencies. In civil law jurisdictions judges schools have long played a role in the formation of the career judiciary with a focus on entry to the judicial profession, in some countries judges get an intensive in-service education at judicial academies. Gender questions, however, tend to be neglected in the curricula. These judicial education activities have generated a significant body of material and experience which it is timely to review and disseminate. Questions such as the following require answers. What is the current state of affairs? How is judicial education implemented in developed and developing countries all around the world? Who are the educators? Who is being educated? How is judicial education on gender regarded by judges? How effective are these programs? The chapters in this book deal with these questions. They provide a multiplicity of perspectives. Six countries are represented, of these four are civil law countries (Germany, Argentina, Japan, Bosnia and Herzegovina) and two are common law countries (Canada; Uganda). This book was previously published as a special issue of International Journal of the Legal Profession.

SCOTUS 2020 - Major Decisions and Developments of the U.S. Supreme Court (Paperback, 1st ed. 2021): Morgan Marietta SCOTUS 2020 - Major Decisions and Developments of the U.S. Supreme Court (Paperback, 1st ed. 2021)
Morgan Marietta
R669 R559 Discovery Miles 5 590 Save R110 (16%) Ships in 10 - 15 working days

Each year, the Supreme Court of the United States announces new rulings with deep consequences for our lives. This third volume in Palgrave's SCOTUS series describes, explains, and contextualizes the landmark cases of the US Supreme Court in the term ending 2020. With a close look at cases involving key issues and debates in American politics and society, SCOTUS 2020 tackles the Court's rulings on LGBT discrimination, abortion regulation, subpoenas of the Trump administration, the Electoral College, DACA and presidential power, Native rights, cross-border rights, the Second Amendment, church and state, separation of powers, criminal justice, and more. Written by notable scholars in political science and law, the chapters in SCOTUS 2020 present the details of each ruling, its meaning for constitutional debate, and its impact on public policy or partisan politics. Finally, SCOTUS 2020 offers an analysis of the current state of ideological and interpretive divisions on the Court.

Constitutional Politics and the Judiciary - Decision-making in Central and Eastern Europe (Hardcover): Kalman Pocza Constitutional Politics and the Judiciary - Decision-making in Central and Eastern Europe (Hardcover)
Kalman Pocza
R3,907 Discovery Miles 39 070 Ships in 12 - 17 working days

Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court's decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.

Human Rights and America's War on Terror (Hardcover): Satvinder S. Juss Human Rights and America's War on Terror (Hardcover)
Satvinder S. Juss
R3,910 Discovery Miles 39 100 Ships in 12 - 17 working days

This volume examines the success of the 9/11 attacks in undermining the cherished principles of Western democracy, free speech and tolerance, which were central to US values. It is argued that this has led to the USA fighting disastrous wars in Afghanistan and Iraq, and to sanctioning the use of torture and imprisonment without trial in Guantanamo Bay, extraordinary rendition, surveillance and drone attacks. At home, it has resulted in restrictions of civil liberties and the growth of an ill-affordable military and security apparatus. In this collection the authors note the irony that the shocking destruction of the World Trade Center on 9/11 should become the justification for the relentless expansion of security agencies. Yet, this is a salutary illustration of how the security agencies in the USA have adopted faulty preconceptions, which have become too embedded within the institution to be abandoned without loss of credibility and prestige. The book presents a timely assessment of both the human rights costs of the 'war on terror' and the methods used to wage and relentlessly continue that war. It will be of interest to researchers, academics, practitioners and students in the fields of human rights law, criminal justice, criminology, politics and international studies.

Constitution-making in Asia - Decolonisation and State-Building in the Aftermath of the British Empire (Paperback): H.... Constitution-making in Asia - Decolonisation and State-Building in the Aftermath of the British Empire (Paperback)
H. Kumarasingham
R1,415 Discovery Miles 14 150 Ships in 12 - 17 working days

Britain's main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century's most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal - all linked by Britain and Jennings - assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia's experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.

Administrative Culture in Developing and Transitional Countries (Paperback): Ishtiaq Jamil, Steinar Askvik, Farhad Hossain Administrative Culture in Developing and Transitional Countries (Paperback)
Ishtiaq Jamil, Steinar Askvik, Farhad Hossain
R1,017 Discovery Miles 10 170 Ships in 12 - 17 working days

The book explores theoretical, methodological, and empirical underpinnings of administrative culture as well as prospects and challenges associated with it in the context of and across developing and transitional countries. Referring to dominant norms and values in public organizations administrative culture is about the attitudes and perceptions of public officials. In many countries civil servants are criticised for being corrupt, incompetent, unreliable and self-centred. Their attitudes, norms and values and the way they act are in constant conflict with rule of law. Recently the virtues of the Weberian model of bureaucracy have been reclaimed as an alternative to New Public Management (NPM): i.e. as a model which emphasizes impartiality, rule-following, expertise, and hierarchy rather than manipulation of incentive structures and market competition. In particular it has been argued that a system of meritocratic recruitment and predictable, long-term careers increases the professional competence of the bureaucrats and fosters a culture of professionalism among them. Still it is unclear how and under what conditions such a model can be adopted. Among main hindrances seems to be established power structures and the existing political and societal culture which undermine the effective implementation of the Weberian model. This book was published as a special issue of the International Journal of Public Administration.

The Educator's Guide to Texas School Law - Tenth Edition (Paperback): Jim Walsh, Sarah Orman The Educator's Guide to Texas School Law - Tenth Edition (Paperback)
Jim Walsh, Sarah Orman
R802 Discovery Miles 8 020 Ships in 12 - 17 working days

Much has changed in the area of school law since the first edition of The Educator's Guide to Texas School Law was published in 1986. This new tenth edition of The Educator's Guide offers an authoritative source on Texas school law through the 2021 legislative sessions. Intended for educators, school board members, attorneys, and taxpayers, it explains what the law is and what the implications are for effective school operations; it helps professional educators avoid expensive and time-consuming lawsuits by taking effective preventive action; and it serves as a highly valuable resource for school law courses and staff development sessions. The tenth edition begins with a review of the legal structure of the Texas school system, incorporating recent features such as charter schools and districts of innovation, then addresses the instructional program, service to students with special needs, the rights of public school employees, the role of religion, student discipline, governmental transparency, privacy, parental rights, and the parameters of legal liability for schools and school personnel. The book includes discussion of major federal legislation, such as the Individuals with Disabilities Education Act, the Family Educational Rights and Privacy Act, Section 504 of the Rehabilitation Act of 1973, and Title IX. On the state level, the book incorporates laws pertaining to cyberbullying, inappropriate relationships between students and employees, and human sexuality instruction.

Blasphemy, Islam and the State - Pluralism and Liberalism in Indonesia (Paperback): Stewart Fenwick Blasphemy, Islam and the State - Pluralism and Liberalism in Indonesia (Paperback)
Stewart Fenwick
R1,099 R946 Discovery Miles 9 460 Save R153 (14%) Ships in 12 - 17 working days

The book contributes to understanding the role of religion in the development of democracy in Indonesia - the world's largest Muslim nation.

Law and Disaster - Earthquake, Tsunami and Nuclear Meltdown in Japan (Hardcover): Shigenori Matsui Law and Disaster - Earthquake, Tsunami and Nuclear Meltdown in Japan (Hardcover)
Shigenori Matsui
R3,917 Discovery Miles 39 170 Ships in 12 - 17 working days

On the 11th of March 2011, an earthquake registering 9.0 on the Richter scale (the most powerful to ever strike Japan) hit the Tohoku region in northern Japan. The earthquake produced a devastating tsunami that wiped out coastal cities and towns, leaving 18,561 people dead or registered as missing. Due to the disaster, the capability of the Fukushima Nuclear Power Plant, operated by Tokyo Electric Power Company (TEPCO), was compromised, causing nuclear meltdown. The hydrogen blast destroyed the facilities, resulting in a spread of radioactive materials, and, subsequently, serious nuclear contamination. This combined event - earthquake, tsunami, and nuclear meltdown - became known as the Great East Japan Earthquake Disaster. This book examines the response of the Japanese government to the disaster, and its attempts to answer the legal questions posed by the combination of earthquake, tsunami, and nuclear meltdown. Japanese law, policy, and infrastructure were insufficiently prepared for these disasters, and the country's weaknesses were brutally exposed. This book analyses these failings, and discusses what Japan, and other countries, can learn from these events.

The Constitution Explained - A Guide for Every American (Paperback): David L. Hudson The Constitution Explained - A Guide for Every American (Paperback)
David L. Hudson
R496 Discovery Miles 4 960 Ships in 12 - 17 working days
US National Security Reform - Reassessing the National Security Act of 1947 (Paperback): Heidi B. Demarest, Erica D. Borghard US National Security Reform - Reassessing the National Security Act of 1947 (Paperback)
Heidi B. Demarest, Erica D. Borghard
R1,173 Discovery Miles 11 730 Ships in 12 - 17 working days

This collection of essays considers the evolution of American institutions and processes for forming and implementing US national security policy, and offers diverse policy prescriptions for reform to confront an evolving and uncertain security environment. Twelve renowned scholars and practitioners of US national security policy take up the question of whether the national security institutions we have are the ones we need to confront an uncertain future. Topics include a characterization of future threats to national security, organizational structure and leadership of national security bureaucracies, the role of the US Congress in national security policy making and oversight, and the importance of strategic planning within the national security enterprise. The book concludes with concrete recommendations for policy makers, most of which can be accomplished under the existing and enduring National Security Act. This book will be of much interest to students of US national security, US foreign policy, Cold War studies, public policy and Internationl Relations in general.

Controlling EU Agencies - The Rule of Law in a Multi-jurisdictional Legal Order (Hardcover): Miroslava Scholten, Alex... Controlling EU Agencies - The Rule of Law in a Multi-jurisdictional Legal Order (Hardcover)
Miroslava Scholten, Alex Brenninkmeijer
R3,798 Discovery Miles 37 980 Ships in 12 - 17 working days

Controlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification and Europeanisation of the executive in the EU. Expert multi-disciplinary contributors explore the potential of interconnecting different concepts and types of controls, as well as different outputs of EU agencies, to address the challenges and limitations that individual types of control present. Insightful chapters analyse these issues in relation to individual concepts of control - autonomy, accountability, effective judicial protection, deference, protection of fundamental rights, transparency, liability - as well as specifically for different types of agencies' outputs, including both soft and hard laws. Through the creation of a systemic view, the book suggests ways in which this system of controls may be improved for the future. Timely and engaging, this book will be of great interest to scholars and students of law, governance, public administration and political science, especially those investigating controls of public power. It will also provide an important resource for researchers and officials dealing with design and operation of EU agencies. Contributors include: G.J. Brandsma, A. Brenninkmeijer, A. Buijze, F. Cacciatore, M. Catanzariti, M. Chamon, P. Craig, E. de Jong, M. Eliantonio, D. Fernandez-Rojo, S. Gabbi, T. Huisjes, B. Kleizen, M. Maggetti, F. Meyer, C. Moser, L. Mustert, S. Nicolosi, Y. Papadopoulos, S. Prechal, M. Scholten, M. Simoncini, B. Strauss, J. Timmermans, S. Tosza, A.H. Turk, M. van Rijsbergen, K. Verhoest, R. Widdershoven, M. Wood

Legal Accountability and Britain's Wars 2000-2015 (Paperback): Peter Rowe Legal Accountability and Britain's Wars 2000-2015 (Paperback)
Peter Rowe
R1,367 Discovery Miles 13 670 Ships in 12 - 17 working days

This book discusses the manner in which Britain's wars, which took place between 2000 and 2015, have interacted with the relevant principles of international law and English law for the purpose, primarily, of considering legal accountability. During a debate in the House of Lords in 2005 a former Chief of the Defence Staff commented that 'the Armed Forces are under legal siege.' The book will discuss the major legal issues which have arisen, ranging from the various votes in Parliament to go to war, the constitutional relationship between ministers and senior commanders, the right under international law to use force, the influence of human rights law, the role of the courts in England (including the coroners' courts), to the legal regime applying to the conduct of UK military operations. It will assess critically whether the armed forces will now have to accept that operations conducted outside the UK are subject to greater legal scrutiny than previously and whether, if this is the case, it is likely to hinder their future military activities. This book will be of great interest to scholars of international law, the law of armed conflict, military studies and international relations, as well as to those with a professional or other interest in the subject matter.

Global Constitutionalism - A Socio-legal Perspective (Paperback, Softcover reprint of the original 1st ed. 2018): Aydin Atilgan Global Constitutionalism - A Socio-legal Perspective (Paperback, Softcover reprint of the original 1st ed. 2018)
Aydin Atilgan
R3,392 Discovery Miles 33 920 Ships in 10 - 15 working days

This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global "constitutional culture" instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.

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