This book is dedicated to Joachim Jens Hesse, a scholar whose multi-faceted work may be characterised as an attempt at "crossing borders" in several respects. These primarily include fostering interdisciplinary cooperation between law, economics and social sciences, analysing public sector developments in an international and intercultural perspective as well as bridging the "gap" between academia and practical politics. Therefore, the volume deals with a subject that covers these features in an exemplary manner: the interrelationship between nation-state constitutions and their international environments. In this context, ongoing processes of transnationalisation have not only contributed to blurring the formerly clear-cut boundaries between these two domains, but also provoked a growing interest in and demand for comparative, interdisciplinary and applied research on constitutional developments. The authors of this Festschrift include eminent lawyers, economists and political scientists from Europe, the United States and East Asia who worked together with Joachim Jens Hesse in various contexts.

This book deals with the international law concerning overseas territories and the right of such territories to choose another relationship with their mother country. Many examples are studied, such as the British, French, American, Danish and New Zealand territories. May such islands choose to become independent, or to become an integral part of the mother country? Do they have the freedom to determine their own political status, to act on the international scene? The case of the Dutch territories in the Caribbean is dealt with in more detail, specifically their constitutional relationship to the Netherlands and the European Union. Through comparison of the different solutions that other states have chosen, a number of best practices are identified

Three hundred and fifty-one men were executed by British Army firing-squads between September 1914 and November 1920. By far the greatest number were shot for desertion in the face of the enemy. Controversial even at the time, these executions of soldiers amid the horrors of the Western Front continue to haunt the history of war. This book provides a critical analysis of military law in the British army and other major armies during the First World War, with particular reference to the use of the death penalty. This study establishes a full cultural and legal framework for military discipline and compares British military law with French and German military law. It includes case studies of British troops on the Frontline.

American constitutionalism remains this country's greatest contribution to human freedom. The ideas and ideals expressed in the U.S. Constitution and related documents, and the institutions developed in them have influenced different people in different lands over the past two hundred years. In American Constitutionalism Abroad, six distinguished historians, political scientists, and international law experts, discuss American constitutionalism in various regions of the world at different times, and within different contexts. In terms of time and space, the influence of American constitutionalism is demonstrated in Europe between 1776 and 1848; Latin America during the nineteenth century; Asia in the twentieth century; and Germany in 1949 and France in 1958. One essay shows how the legacy of American constitutionalism was expressed in parallel movements in the nineteenth century to create a peaceful, liberal world order based on a proposed international legal code. By tracing the influence of the documents, procedures, and institutions that came into being within the United States during the founding period from 1776 to 1791, and by analyzing how they were received and perceived by constitutionmakers in other countries, it is possible to follow the spread of American constitutionalism through various parts of the world over time. By focusing on the influence of American constitutionalism abroad, this book breaks exciting new ground in the study of the Constitution. This work will appeal not only to American and legal historians, but to political scientists as well.

"The ornament of the Common Law." Lyttleton, His Treatise of Tenures, in French and English. A New Edition, Printed From the Most Ancient Copies, And Collated With the Various Readings of the Cambridge MSS. To Which Are Added The Ancient Treatise of the Olde Tenures, And the Customs of Kent. Originally published: London: S. Sweet, 1841. lv, 1], 727 pp. Hardcover. New.
With index. Parallel text in Law-French and English. Written during the reign of Edward IV 1442-1483], Littleton's Tenures was much admired for its learning and style. It is concerned with the doctrines of old English Common Law regarding the tenures of real estate as well as issues related to real property. This venerable work, which Coke called "the ornament of the Common Law, and the most perfect and absolute work that ever was written in any humane science," is a considered a landmark because it renounced the principles of Roman law in favor of a set of guidelines and doctrines drawn from the Year Books, and when necessary, hypothetical cases.
Sir Thomas Littleton 1402-1481] was a King's Serjeant, Judge of Assize and Justice of the Common Pleas.
T.E. Tomlins 1804-1872] was a notable legal writer and antiquarian. His is best known for his Popular-Law Dictionary (1838). (He is confused sometime with his uncle, Sir Thomas Edlyne Tomlins, the prolific legal writer and editor of the later editions of Jacob's Law-Dictionary.)

This book seeks to enrich and refine global administrative law and EU administrative law analytical tools by examining their manifold relations. Its aim is to begin to explore the complex reality of the interactions between EU administrative law and global administrative law, to provide a preliminary map of such legal and institutional reality, and to review it. The book is the first attempt to analyze a dense area of new legal issues. The first part of the book contains core elements of a general theory of the relationships between global and EU administrative law: comparative inquiries, exchanges of legal principles, and developing linkages. The second part is devoted to special regulatory regimes, in which global and European law coexist, though not always peacefully. Several sectors are considered: cultural heritage, medicines, climate change, antitrust, accounting and auditing, banking supervision, and public procurement.

The UK is going through a period of unprecedented constitutional change. There is much unfinished business, and further changes still to come. Where are these changes taking us? In this book, leading political scientists and lawyers forecast the impact of these changes on the UK's key institutions and the constitution as a whole.

Constitutional theory, Earl Maltz argues, has reached a critical impasse marked by a largely unproductive stalemate between originalists and nonoriginalists regarding the proper role of judicial review. It's time, he says, for both sides to rethink their positions if any hope for a more viable model of judicial review is to be realized. This book is his answer to the dilemma.

Maltz reorients the debate between originalists (those who believe that judges should be bound by the original understanding in constitutional adjudication) and nonoriginalists (those who believe the original understanding should not be binding). Advocates of both sides, he shows, generally proceed from three misguided premises: that originalism is linked to both judicial deference and political conservatism; that originalism is the sole alternative to some less deferential approach to judicial review; and that the question of "legitimacy" is the central unresolved issue facing nonoriginalist theorists. This book challenges each of these premises.

Maltz's contribution is threefold. First, going beyond the influential writings of authors such as Raoul Berger and Robert Bork, he reformulates the justification for originalist review and refines originalist theory itself. Second, he argues that a pure originalist approach mandates excessive judicial intervention under the Constitution; as he points out, the same argument that justifies interventionism in individual rights cases might also require the court to limit sharply the power of the federal government to regulate the economy. Third, he shows that--even leaving aside problems of legitimacy--most nonoriginalist theorists have failed to provide a sufficient functional justification for nonoriginalist intervention.

"Well-written, concise and comprehensive.... should be welcomed with gratitude by everyone interested in drafting a better understanding of the role of judicial review in the American political system". -- Law Books in Review

This is the first reference series that makes understanding civil liberties and constitutional law completely accessible to the layperson. The author expertly guides readers through actual cases decided by the Supreme Court in four key areas of the U.S. Constitution. Each volume features an overview of court decisions by both the agreeing and dissenting justices, plus
-- a glossary of legal terms
-- a thorough, research-oriented index
-- a copy of the U.S. Constitution
-- publications recommended for further reading

Although social legislation in the United States is always in the tradition of social reform rather than fundamental social change, the 1960s are considered a progressive period because of the union of government and societal obligations; class consciousness was aroused, and the redistribution of power and resources were salient issues. In Civil Rights and the Social Programs of the 1960s, Marcia Bok describes the background, analyzes the process of decision making, and traces the passage of selected landmark decisions of the 1960s. She tracks the changes that have occurred in this legislation in the last two decades, and discusses the current and possible future status of social policies and programs.

The legislation examined is chosen for its diversity and reflection of Great Society programs, and includes: The Civil Rights Act, 1964; The Community Mental Health Centers Act, 1963; The Economic Opportunity Act, 1964; Medicare and Medicaid, 1965; and Head Start, 1965. Bok considers the concepts of equality and social justice as the bases for the social legislation discussed, and includes analysis of historical, political, and legal aspects of the civil rights movement and concurrent events.

Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation. This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.

This work examines all the aspects of the Full Faith and Credit Clause and its importance in the development of United States law. It begins with the birth of the clause and the history underlying its adoption. This includes discussions held at the Constitutional Convention and the early judicial interpretations of the clause. The book looks separately at the individual components that embody the clause--those that deal with records, public acts, and judicial proceedings. The book also zeroes in on the relationship between the clause and the issues of family law. It covers marriage, divorce, support, and child custody, all issues that have demanded serious attention in recent years.

This work provides the first in-depth study of the Twelfth Amendment of the United States Constitution from the larger perspective of the development of the electoral college. Too often viewed as a modest reform to prevent the recurrence of the 1800-1801 election crisis, the Twelfth Amendment, according to Kuroda, was actually the decisive step in the evolution of the modern electoral college. Significantly, the amendment implicitly recognized the existence of national political parties and allowed the party which won the most electoral votes to win the offices of President and Vice President. But it was also significant for what it did not do: it did not abolish presidential electors; did not prohibit a winner-take-all electoral system; and did not mandate district election of electors.

Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan?
The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success.
The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.

This up-to-date collection of essays addresses key elements of the law and politics of voting rights: the Supreme Court's jurisprudence, the impact of the Voting Rights Act, and the opportunities for enhanced minority representation posed by alternative electoral systems. This volume, comprised of contributions by leading legal and political science practitioners in the field of voting rights, will be a valuable resource to experienced researchers and newcomers to the field. It includes current assessments of the intricacies of the Supreme Court's decisions, current research on the impact of the the Voting Rights Act on the various minority groups it purports to assist, and critical analysis of the use of alternative electoral systems.

Students learn about the Establishment Clause and the Free Exercise Clause of the First Amendment and discover how just 16 words in the U.S. Constitution inaugurated a debate that continues to this day. The author objectively follows the debate in relation to prayer in public schools, government support for religious schools, the right to speak and raise money for religious causes, when religion conflicts with the law, and where this issue stands today.

Although she came to be known as merely "that girl with the dirty books," Dollree Mapp was a poor but proud black woman who defied a predominantly white police force by challenging the legality of its search-and-seizure methods. Her case, which went all the way to the Supreme Court, remains hotly debated and highly controversial today.

In 1957, Cleveland police raided Mapp's home on a tip--from future fight promoter Don "the Kid" King--that they'd find evidence linked to a recent bombing. What they confiscated instead was sexually explicit material that led to Mapp's conviction for possessing "lewd and lascivious books"--a conviction that initially pitted Ohio police and judges against Mapp and the American Civil Liberties Union. At stake was not only the search-and-seizure question but also the "exclusionary rule" concerning the use of evidence not specified in a search warrant.

Carolyn Long follows the police raid into Mapp's home and then chronicles the events that led to the Court's 5-4 ruling in Mapp v. Ohio (1961), which redefined the rights of the accused and set strict limits on how police could obtain and use evidence. Long traces the case through the legal labyrinth, discusses the controversies it created, and assesses its impact on police behavior, as well as subsequent prosecutions and convictions of the accused. She also analyzes Justice Tom Clark's creative use of Mapp's case to overturn Wolf v. Colorado, which had ruled that the Fourth Amendment's protection against unreasonable searches applied only to federal law, and presents Justice John Harlan's strong federalist-based dissent.

As entertaining as it is informative, Long's book features a host of intriguing characters: Mapp, her seasoned and determined attorney, A. L. Kearns, and police sergeant Carl Delau, among others. Combined with her concise and insightful explanations of key legal principles--including the exclusionary rule itself--Long's deft narrative provides an ideal format for teachers and students in criminology, legal history, constitutional law, and political science, as well as anyone who loves a good story.

The Mapp case is still much debated, especially in light of the recent reauthorization of the U.S. Patriot Act and the free rein given to law enforcement officers in matters of search and seizure. Long's compelling study thus poses important questions regarding privacy and individual rights that still matter today, even as it also illuminates one of the keystones of the Warren Court's criminal procedure revolution.

Increasingly, state regulations are implemented and exercised by the administrative discretion of state bureaucracies. This increased rulemaking activity threatens to rival, or even replace, state legislatures as the principal source of new laws emanating from state government. To combat this, state legislatures now routinely seek to regain their preeminence as lawmakers by overseeing administrative rulemaking authority. This oversight is frequently conducted through a process known as rules review. The process, a systematic form of legislative oversight, encourages the responsible exercise of rulemaking authority by requiring legislative scrutiny of proposed regulations prior to final adoption by the issuing agency. "Regulating the RegulatorS" presents an introduction to rules review. James R. Bowers examines this process through an in depth case study of the Illinois General Assembly.

Regulating the Regulators presents an introduction to this important and widely used method of oversight by state legislatures. The author poses three basic questions about rules review that previous works have not asked: Why is a state legislature likely to incorporate rules reviews in its oversight arsenal? What is the substance and nature of rules review likely to be? What factors are likely to contribute to agency responsiveness to rules review? These questions are examined through an in depth case study of the rules review process in the Illinois General Assembly. From this case study, Regulating the Regulator develops a number of analytic generalizations upon which future research and a more general understanding of rules review can be built. Students of both legislative an administrative process, as well as state legislators and state level public administrators, will find "Regulating the RegulatorS" a valuable source of information. This book is particularly well-suited for upper-level undergraduate and graduate courses in state governement and politics, administrative process, regulatory politics, and administrative theory.

In a time when American politics has become a spectator sport often viewed with a cynical eye by the people, it is needful to be reminded that our freedom entails a civic responsibility to preserve the legal document that gives us that freedom, the United States Constitution. The Constitution is a contract to which all citizens are parties and upon which they have a right to rely. The people have as well the right to protect themselves from interpretations that go unreasonably beyond the original intent of the Framers. It is clear that in the past the Constitution has been abused to justify decisions made by the legislative and judicial branches of government (as in the Dred Scott case) that have since been overturned. Decisions that extend the powers of the federal government beyond the expressly stated limits declared in the Constitution continue to occur today and remain subjects of intensely debated contention. This book gives detailed examples of where Congress and the Supreme Court have gone outside the peoples mutual contract and have, in effect, amended the Constitution. The last chapter outlines a procedure by which citizens, voting directly, can overrule or repeal amendments made by elements of their government.

This examination of the Freedom of Information Act (FOIA) traces the American origins of the belief that the citizens of a democracy have a natural right to know about the workings of their government. The issue began in the colonies and came to a head in the 1950s when escalating government secrecy led the press to demand open government. Declaring that the public business is the public's business, a series of crusading newspaper editors aroused public support for the Freedom of Information Act which was passed in 1966.

The book features in-depth interviews with the architects of the FOIA, the FOIA staff in the major federal agencies, and the most prominent FOIA users throughout the country. The concluding chapter examines current impediments to the full realization of the people's right to know.

This volume contains nine national reports and the general report on the subject of developing trends of parliamentarism. Except for the chapters on Spain, the reports have been written for the XIVth Congress of the International Academy of Comparative Law which was held in 1994 in Athens, Greece. "Parliamentarism" describes the evolution of a specific form of Government adopted by many countries whose political systems have been inspired by the principle of democracy. As a consequence of this, one or more elected assemblies hold a leading position in their constitutional organization. Both the general report as well as the national reports address the current problems regarding parliamentarism, viz., the structure of Parliaments, the ways regulated and the delimitation of the functions of Parliament with the aim of maximizing its orientating function in the activity of its citizens through a constant updating of existing legislation.