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

A Crisis of Democratic Accountability - Public Libel Law and the Checking Function of the Press (Hardcover): Randall Stephenson A Crisis of Democratic Accountability - Public Libel Law and the Checking Function of the Press (Hardcover)
Randall Stephenson
R3,024 Discovery Miles 30 240 Ships in 10 - 15 working days

This book undertakes a comparative study of the public interest and political speech defences in defamation law, particularly from the perspective of the misuse of democratic free expression justifications. Specifically, it argues that the law and legal approaches taken by leading courts and legislatures in the UK, Australia, New Zealand, Canada, and the United States - five common law comparators - are undertheorised, lack adequate criteria for determining the correct form of the defence, and would benefit from a more precise understanding of 'democracy', 'accountability', and 'representation'. The book will be of great interest to scholars of free speech, defamation and public law.

No Law - Intellectual Property in the Image of an Absolute First Amendment (Paperback): David L. Lange, H. Jefferson Powell No Law - Intellectual Property in the Image of an Absolute First Amendment (Paperback)
David L. Lange, H. Jefferson Powell
R860 Discovery Miles 8 600 Ships in 18 - 22 working days

The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The first amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict. "No Law" offers a new way to approach these debates.
In eloquent and passionate style, Lange and Powell argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congress of the power to restrict personal thought and free expression in the name of intellectual property rights. Though the First Amendment does not repeal the Constitutional intellectual property clause in its entirety, copyright, patent, and trademark law cannot constitutionally license the private commodification of the public domain.
The authors claim that while the exclusive rights currently reflected in intellectual property are not in truth needed to encourage intellectual productivity, they develop a compelling solution for how Congress, even within the limits imposed by an absolute First Amendment, can still regulate incentives for intellectual creations. Those interested in the impact copyright doctrines have on freedom of expression in the U.S. and the theoretical and practical aspects of intellectual property law will want to take a closer look at this bracing, resonant work.

Promoting Equality and Diversity: A Practitioner's Guide (Paperback, New): Henrietta Hill, Richard Kenyon Promoting Equality and Diversity: A Practitioner's Guide (Paperback, New)
Henrietta Hill, Richard Kenyon
R3,443 Discovery Miles 34 430 Ships in 18 - 22 working days

Promoting Equality and Diversity: A Practitioner's Guide explains the fundamental changes in the approach to achieving equality and diversity that are occuring as a result of recent UK legislation. The work takes a task-based approach to the subject, suggesting legal solutions to discrete practical problems, and providing clear, pragmatic guidance to enable practitioners to tackle the individual problems they might encounter.
This book provides a clear and practical explanation of both good practice and the legislation behind the new proactive approach that is being adopted. It covers areas that receive no treatment elsewhere and offers guidance to organizations that want to implement equality measures but are unsure of how to do so. This book not only explains the relevant legal concepts but also offers real practical advice on topics such as how to carry out impact statements; how to carry out equality pay audits; and the role of monitoring.
By adopting a task-based approach, focusing on what organizations have to deal with in practice, this work is able to offer a fully-integrated legal analysis of current discrimination law that will be of use to every practitioner working in this field. By combining a traditional legal approach with examples, checklists, and precedents the authors have produced a book that is both highly useful and extremely readable.

Continuity and Change in EU Law - Essays in Honour of Sir Francis Jacobs (Hardcover): Anthony Arnull, Piet Eeckhout, Takis... Continuity and Change in EU Law - Essays in Honour of Sir Francis Jacobs (Hardcover)
Anthony Arnull, Piet Eeckhout, Takis Tridimas
R3,750 Discovery Miles 37 500 Ships in 10 - 15 working days

This volume commemorates the career of Sir Francis Jacobs KCMG QC, who served as British Advocate General at the European Court of Justice in Luxembourg from October 1988 until January 2006. The essays in the volume examine the key developments in EU law over the period that Sir Francis served as Advocate General, one that saw momentous changes in the character of the Union and its legal order. It encompassed the Treaty of Maastricht, which superimposed the Union on the pre-existing European Community, as well as the Treaties of Amsterdam and Nice; the proclamation of the Union's Charter of Fundamental Rights; the drafting of the Treaty establishing a Constitution for Europe; the creation of the Court of First Instance and the EU Civil Service Tribunal; the completion of the single market; and the enlargement of the Union to 15 Member States in 1995 and 25 Member States in 2004. The period also witnessed a profound change in the nature of much academic scholarship on the law of the Union. At the same time, the ECJ continues to grapple with issues which preoccupied it in the 1980s and earlier, such as the relationship between Union law and national law, the circumstances in which individuals should be permitted to seek the annulment of measures adopted by the Union's institutions and the scope of the Treaty rules on freedom of movement. The essays in the volume look at the persistent difficulties that have faced the unique legal system during the period of change. The volume is divided into five sections dealing respectively with: general issues and institutional questions; fundamental rights; substantive law; external relations; and national perspectives. The contributors are distinguished figures drawn from a variety of constituencies, including the national and European judiciaries, legal practice, and the academic world.

From Jim Crow to Civil Rights - The Supreme Court and the Struggle for Racial Equality (Paperback): Michael J. Klarman From Jim Crow to Civil Rights - The Supreme Court and the Struggle for Racial Equality (Paperback)
Michael J. Klarman
R908 Discovery Miles 9 080 Ships in 10 - 15 working days

A monumental investigation of the Supreme Court's rulings on race, From Jim Crow To Civil Rights spells out in compelling detail the political and social context within which the Supreme Court Justices operate and the consequences of their decisions for American race relations. In a highly provocative interpretation of the decision's connection to the civil rights movement, Klarman argues that Brown was more important for mobilizing southern white opposition to racial change than for encouraging direct-action protest. Brown unquestioningly had a significant impact--it brought race issues to public attention and it mobilized supporters of the ruling. It also, however, energized the opposition. In this authoritative account of constitutional law concerning race, Michael Klarman details, in the richest and most thorough discussion to date, how and whether Supreme Court decisions do, in fact, matter.

The General Principles of EU Law (Paperback, 2nd Revised edition): Takis Tridimas The General Principles of EU Law (Paperback, 2nd Revised edition)
Takis Tridimas
R2,977 Discovery Miles 29 770 Ships in 10 - 15 working days

The European Court of Justice has profoundly influenced the development of the legal order of the European Community through the elaboration of unwritten general principles of law. The general principles derive from the fundamental values underlying the national legal systems. This fully revised and updated Second Edition of The General Principles of EU Law provides a detailed and systematic analysis of the general principles as applied by the European Court of Justice and the Court of First Instance, and as they are influenced by political and legislative developments. It assesses the impact of the EU Constitution on the European polity and the protection of Community rights in national courts. Tridimas highlights the various functions of the general principles, the diverse contexts in which they are employed, and the varying degrees of judicial scrutiny that they entail, focussing on principles including subsidiarity, equality, proportionality, fundamental rights, and the right to a hearing.

The Fundamentals of EU Law Revisited - Assessing the Impact of the Constitutional Debate (Paperback): Catherine Barnard The Fundamentals of EU Law Revisited - Assessing the Impact of the Constitutional Debate (Paperback)
Catherine Barnard
R1,941 Discovery Miles 19 410 Ships in 10 - 15 working days

With the rejection of the Constitutional Treaty in French and Dutch referenda, the European Union received a severe blow. This precipitated a period of reflection and soul searching. How far should the fundamental principles that shape the Union be re-assessed in the light of the Constitutional debate? Can the Constitutional Treaty be rescued from failure? If not what other options for constitutional reform are available? Does the Treaty's rejection signal the failure of the Union's goal of democratic governance? The essays in this volume examine the impact of the debate surrounding the future of the European Constitution on the development of core areas of EU law and policy. Opening with a discussion of the shifting conceptions of European democracy, the volume proceeds to look at key areas of substantive law against the backdrop of the Constitutional Treaty, from Foreign Relations to Fundamental Rights, Social Policy to Justice and Home Affairs. The book concludes with an examination of potential solutions to the constitutional crisis, and models for future constitutional reform.

Queer Alliances - How Power Shapes Political Movement Formation (Paperback): Erin Mayo-Adam Queer Alliances - How Power Shapes Political Movement Formation (Paperback)
Erin Mayo-Adam
R640 Discovery Miles 6 400 Ships in 18 - 22 working days

A unique investigation into how alliances form in highly polarized times among LGBTQ, immigrant, and labor rights activists, revealing the impacts within each rights movement. Queer Alliances investigates coalition formation among LGBTQ, immigrant, and labor rights activists in the United States, revealing how these new alliances impact political movement formation. In the early 2000s, the LGBTQ and immigrant rights movements operated separately from and, sometimes, in a hostile manner towards each other. Since 2008, by contrast, major alliances have formed at the national and state level across these communities. Yet, this new coalition formation came at a cost. Today, coalitions across these communities have been largely reluctant to address issues of police brutality, mass incarceration, economic inequality, and the ruthless immigrant regulatory complex. Queer Alliances examines the extent to which grassroots groups bridged historic divisions based on race, gender, class, and immigration status through the development of coalitions, looking specifically at coalition building around expanding LGBTQ rights in Washington State and immigrant and migrant rights in Arizona. Erin Mayo-Adam traces the evolution of political movement formation in each state, and shows that while the movements expanded, they simultaneously ossified around goals that matter to the most advantaged segments of their respective communities. Through a detailed, multi-method study that involves archival research and in-depth interviews with organization leaders and advocates, Queer Alliances centers local, coalition-based mobilization across and within multiple movements rather than national campaigns and court cases that often occur at the end of movement formation. Mayo-Adam argues that the construction of common political movement narratives and a shared core of opponents can help to explain the paradoxical effects of coalition formation. On the one hand, the development of shared political movement narratives and common opponents can expand movements in some contexts. On the other hand, the episodic nature of rights-based campaigns can simultaneously contain and undermine movement expansion, reinforcing movement divisions. Mayo-Adam reveals the extent to which inter- and intra-movement coalitions, formed to win rights or thwart rights losses, represent and serve intersectionally marginalized communities-who are often absent from contemporary accounts of social movement formation.

The Fundamentals of EU Law Revisited - Assessing the Impact of the Constitutional Debate (Hardcover, New): Catherine Barnard The Fundamentals of EU Law Revisited - Assessing the Impact of the Constitutional Debate (Hardcover, New)
Catherine Barnard
R2,780 Discovery Miles 27 800 Ships in 10 - 15 working days

With the rejection of the Constitutional Treaty in French and Dutch referenda, the European Union received a severe blow that precipitated a period of reflection and soul searching. How far should the fundamental principles that shape the Union be re-assessed in the light of the Constitutional debate? Can the Constitutional Treaty be rescued from failure? If not, what other options for constitutional reform are available? Does the Treaty's rejection signal the failure of the Union's goal of democratic governance?
The essays in this volume examine the impact of the debate surrounding the future of the European Constitution on the development of core areas of EU law and policy. Opening with a discussion of the shifting conceptions of European democracy, the volume proceeds to look at key areas of substantive law against the backdrop of the Constitutional Treaty, from Foreign Relations to Fundamental Rights, Social Policy to Justice and Home Affairs. The book concludes with an examination of potential solutions to the constitutional crisis, and models for future constitutional reform.

Aliens in Medieval Law - The Origins of Modern Citizenship (Hardcover): Keechang Kim Aliens in Medieval Law - The Origins of Modern Citizenship (Hardcover)
Keechang Kim
R3,473 R2,928 Discovery Miles 29 280 Save R545 (16%) Ships in 10 - 15 working days

In this original reinterpretation of the legal status of foreigners in medieval England, Keechang Kim proposes a radically new understanding of the genesis of the modern legal regime and the important distinction between citizens and noncitizens. Making full use of medieval and early modern sources, the book examines how feudal legal arguments were transformed by the political theology of the Middle Ages to become the basis of the modern legal outlook. This innovative study will interest academics, lawyers, and students of legal history, immigration and minority issues.

The Advocate General and EC Law (Hardcover, New): Noreen Burrows, Rosa Greaves The Advocate General and EC Law (Hardcover, New)
Noreen Burrows, Rosa Greaves
R3,092 Discovery Miles 30 920 Ships in 10 - 15 working days

The prominence of the Advocate General is one of the most distinctive, and controversial features of the European Court of Justice. The Advocate General and EC Law is the first comprehensive study of the Advocate General and his role in the development of EC Law. The book examines the history of the role, the questions over its future, and the role's importance in the procedures of the Court.
This volume also analyzes the contribution of some of the most influential Advocates General to the development of specific aspects of Community law, including Francis Jacobs on intellectual property, Walter van Gerven on discrimination and Jean Pierre Warner on competition procedure. It explores the contributions of a range of Advocates General to specific principles of Community Law, including state liability and direct effect.

EU Human Rights Policies - A Study in Irony (Paperback, New Ed): Andrew Williams EU Human Rights Policies - A Study in Irony (Paperback, New Ed)
Andrew Williams
R2,203 Discovery Miles 22 030 Ships in 10 - 15 working days

Despite recent constitutional arrangements, human rights remain an ambiguous and complex subject in the European Union. Human rights issues may have become increasingly relevant to the life of the EU over the past thirty years but there has been an institutional reluctance to mould a unified human rights policy worthy of the name. Nevertheless, the EU's practices have not been constructed randomly: they have evolved within discrete policy realms along coherent narrative lines. From the arguably mythical basis that the EU was founded upon a general principle of respect for human rights; policies and practices have developed along two distinct paths. Internally, within the EU, human rights are contingent. Scrutiny is erratic and even casual, and enforcement is left to the courts and independent agencies. Externally, in the EU's interactions with non-members, however, the story is very different: human rights are broad in concept. Collective notions of rights are accepted and promoted. Scrutiny can be intrusive and effective, and systems of enforcement, increasingly severe in scope and strength, have been applied. This bifurcation has direct implications for the EU's constitutional structure and its future human rights activities. It suggests that, through human rights language, conditions for conflict rather than integration have arisen, and that a system of double standards has been instituted. Williams therefore argues that the EU's claims to a credible human rights policy are suspect. This book examines the nature and scope of the bifurcation and explains its origins and development. In doing so it questions orthodox interpretations and provides a radical new reading of the EU's human rights law and practice. At its heart, the book claims that without a fundamental reappraisal of the basis upon which the EU responds to human rights, it will remain plagued by this ironical condition.

EU Law and the Welfare State - In Search of Solidarity (Hardcover, New): Grainne de Burca EU Law and the Welfare State - In Search of Solidarity (Hardcover, New)
Grainne de Burca
R2,605 Discovery Miles 26 050 Ships in 10 - 15 working days

This collection of essays addresses a topical subject of current importance, namely the impact of the EU on national welfare state systems. The volume aims to question the perception that matters of social welfare remain for Member States of the EU to decide, and that the EU's influence in this field is minor or incidental. The various essays trace the different ways in which the EU is having an impact on the laws and practices of the Member States in the area of welfare, looking at issues of social citizenship and the influence of the Charter of Fundamental Rights, as well as at the impact of EU economic freedoms - competition law and free movement law in particular - on both 'services of general economic interest' and on national health-care systems. The significance of the so-called Open Method of Coordination in developing a new compromise on 'social Europe' is discussed, as well as the tensions between market liberalization and social protection in the specific context of this transnational political system are examined. While the various authors clearly have different views on the likelihood of a robust form of European social solidarity developing, the book as a whole suggests the emergence of a distinctive, although partial and fragmented, European Union welfare dimension.

Justice at War - Civil Liberties and Civil Rights During Times of Crisis (Paperback, New Ed): Richard Delgado Justice at War - Civil Liberties and Civil Rights During Times of Crisis (Paperback, New Ed)
Richard Delgado; Foreword by Jennifer Hochschild
R951 Discovery Miles 9 510 Ships in 18 - 22 working days

View the Table of Contents.
Read the Introduction.

"This is narrative scholarship of the highest quality. "Justice at War" addresses a far-ranging set of topical social issues of our times, from affirmative action to hate speech to (in)justice toward noncitizens during times of war. Accessible, well-written, and deeply insightful, "Justice at War" represents the most creative and thoughtful, if not brilliant, installment of the "Rodrigo Chronicles" so far."
--Kevin Johnson, University of California at Davis

"Delgado raises important questions that most American studies scholarship ignores because of its narrow focus. Delgado's use of fiction and dialogue allows him to model a fairly broad, interdisciplinary conversation about contemporary issues that all too often is absent in much scholarly work."
--"American Studies"

"Delgado's analysis is fresh and thought provoking."
--"The Law and Politics Book Review"

"Worth reading. The author genuinely loves ideas and avidly seeks racial justice. Infected by his enthusiasm, the reader may well be tempted to learn more about the important issues Delgado raises-an outcome that he would surely welcome."
--"New York Law Journal"

The status of civil rights in the United States today is as volatile an issue as ever, with many Americans wondering if new laws, implemented after the events of September 11, restrict more people than they protect. How will efforts to eradicate racism, sexism, and xenophobia be affected by the measures our government takes in the name of protecting its citizens?

Richard Delgado, one of the founding figures in the Critical Race Theory movement, addresses these problems with his latest bookin the award-winning "Rodrigo Chronicles," Employing the narrative device he and other Critical Race theorists made famous, Delgado assembles a cast of characters to discuss such urgent and timely topics as race, terrorism, hate speech, interracial relationships, freedom of speech, and new theories on civil rights stemming from the most recent war.

In the course of this new narrative, Delgado provides analytical breakthroughs, offering new civil rights theories, new approaches to interracial romance and solidarity, and a fresh analysis of how whiteness and white privilege figure into the debate on affirmative action. The characters also discuss the black/white binary paradigm of race and show why it persists even at a time when the country's population is rapidly diversifying.

Because of You, John Lewis (Hardcover): Andrea Davis Pinkney Because of You, John Lewis (Hardcover)
Andrea Davis Pinkney; Illustrated by Keith Henry Brown
R547 R395 Discovery Miles 3 950 Save R152 (28%) Ships in 9 - 17 working days

An inspiring story of a friendship between Congressman John Lewis and ten-year-old activist Tybre Faw by New York Times bestselling author Andrea Davis Pinkney! Ten-year-old Tybre Faw is obsessed with history and the civil rights movement, and he devours every book he can find on the subject. When he learns of Congressman John Lewis's harrowing and heroic march across the Edmund Pettus Bridge in the fight for the right to vote, Tybre is determined to meet him. Tybre's two grandmothers take him on the seven-hour drive to Selma. And as the two meet and become fast friends, Tybre joins Lewis for the annual walk across the Edmund Pettus Bridge! When John Lewis is laid to rest, Tybre is invited to read Lewis's favourite poem, "Invictus," at the funeral service. Pinkney weaves this story of a boy with a dream with the story of a true-life hero (who himself was inspired by Martin Luther King when he was a boy). Who will be next to rise up and turn the page on history? Perfect for those who want to learn more about the American civil rights movement An inspiring story of friendship Full-colour illustrations by Keith Henry Brown. Distinctions and Praise for Andrea Davis Pinkney's previous title, Martin Rising: Requiem for a King A Washington Post Best Book of the Year A Kirkus Reviews Best Book of the Year A New York Public Library Best Book of the Year A School Library Journal Best Book of the Year A Chicago Public Library Best Book of the Year * Unique and remarkable. -- Publishers Weekly, starred review * Each poem trembles under the weight of the story it tells... Martin Rising packs an emotional wallop and, in perfect homage, soars when read aloud. -- Booklist, starred review * A powerful celebration of Martin Luther King Jr.School Library Journal, starred review

Beyond Citizenship - American Identity After Globalization (Hardcover): Peter J. Spiro Beyond Citizenship - American Identity After Globalization (Hardcover)
Peter J. Spiro
R1,110 Discovery Miles 11 100 Ships in 10 - 15 working days

American identity has always been capacious as a concept but narrow in its application. Citizenship has mostly been about being here, either through birth or residence. The territorial premises for citizenship have worked to resolve the peculiar challenges of American identity. But globalization is detaching identity from location. What used to define American was rooted in American space. Now one can be anywhere and be an American, politically or culturally. Against that backdrop, it becomes difficult to draw the boundaries of human community in a meaningful way. Longstanding notions of democratic citizenship are becoming obsolete, even as we cling to them. Beyond Citizenship charts the trajectory of American citizenship and shows how American identity is unsustainable in the face of globalization.
Peter J. Spiro describes how citizenship law once reflected and shaped the American national character. Spiro explores the histories of birthright citizenship, naturalization, dual citizenship, and how those legal regimes helped reinforce an otherwise fragile national identity. But on a shifting global landscape, citizenship status has become increasingly divorced from any sense of actual community on the ground. As the bonds of citizenship dissipate, membership in the nation-state becomes less meaningful. The rights and obligations distinctive to citizenship are now trivial. Naturalization requirements have been relaxed, dual citizenship embraced, and territorial birthright citizenship entrenched--developments that are all irreversible. Loyalties, meanwhile, are moving to transnational communities defined in many different ways: by race, ethnicity, gender, religion, age, and sexualorientation. These communities, Spiro boldly argues, are replacing bonds that once connected people to the nation-state, with profound implications for the future of governance.
Learned, incisive, and sweeping in scope, Beyond Citizenship offers a provocative look at how globalization is changing the very definition of who we are and where we belong.

Workers, Establishment, and Services in the European Union (Hardcover, New): Robin C.A. White Workers, Establishment, and Services in the European Union (Hardcover, New)
Robin C.A. White
R2,829 Discovery Miles 28 290 Ships in 18 - 22 working days

The free movement of persons and services are key elements, alongside the free movement of goods and capital, in the fundamental freedoms which underpin the European internal market. In recent years two key themes have emerged from the case law of the European Court of Justice. The first is convergence in the case law on the free movement of goods, persons, and services in order to ensure the operation of the internal market through the prohibition of discrimination and the outlawing of unjustified obstacles to free movement. The second is the case law on the rights which flow from the introduction of citizenship of the European Union, which offer constitutional rights for individuals. The tensions between these two lines of authority can be explained through a fresh approach to the analysis and synthesis of the Treaty rules and secondary legislation of the European Community, and of the case law of the European Court of Justice on free movement of persons and services. This approach is based on distinguishing between those rules which relate mainly to the regulation of business activities in the internal market, and those which are mainly concerned with individual rights for citizens of the European Union. The result is a detailed overview of the law relating to workers, establishment, and services in the EU in this modern context.

The Supreme Court in the Intimate Lives of Americans - Birth, Sex, Marriage, Childrearing, and Death (Paperback): Howard Ball The Supreme Court in the Intimate Lives of Americans - Birth, Sex, Marriage, Childrearing, and Death (Paperback)
Howard Ball
R1,082 Discovery Miles 10 820 Ships in 18 - 22 working days

"Choice" Outstanding Academic Title 2003

.,."A thorough summary of the trajectory of current case law on the legal regulation of U.S. citizens' intimate lives. . . . A valuable introduction to increasingly important and salient legal questions about the constitutional limits on the state's ability to shape intimate lives in the United States."
--" Political Science Quarterly"

.,."A worthy assessment of the law of intimate association and personal decision-making. For those intrigued by the Court's human side, Ball provides a sufficient glimpse without raising the curtain on its realm of privacy that the justices have strived to protect.
-- "Trial"

"Despite the controversial content of many of the cases, Mr. Ball maintains an air of bemused detachment and does not openly take sides. This is not a polemic. With few exceptions, the prevailing tone is light and scholarly. The goal is to illuminate, not to persuade."
--"New York Law Journal"

"In this truly fascinating and spellbinding work, Ball tells many tales."
-- "Choice"

Personal rights, such as the right to procreate--or not--and the right to die generate endless debate. This book maps out the legal, political, and ethical issues swirling around personal rights. Howard Ball shows how the Supreme Court has grappled with the right to reproduce and to abort, and takes on the issue of auto-euthanasia and assisted suicide, from Karen Ann Quinlan through Kevorkian and just recently to the Florida case of the woman who was paralyzed by a gunshot from her mother and who had the plug pulled on herself.

For the last half of the twentieth century, the justices of the Supreme Court have had to wrestle with newand difficult life and death questions for them as well as for doctors and their patients, medical ethicists, sociologists, medical practitioners, clergy, philosophers, law makers, and judges. The Supreme Court in the Intimate Lives of Americans offers a look at these issues as they emerged and examines the manner in which the men and women of the U.S. Supreme Court addressed them.

EU Human Rights Policies - A Study in Irony (Hardcover, New): Andrew Williams EU Human Rights Policies - A Study in Irony (Hardcover, New)
Andrew Williams
R1,782 Discovery Miles 17 820 Ships in 10 - 15 working days

Despite recent constitutional arrangements, human rights remain an ambiguous and complex subject in the European Union. Human rights issues may have become increasingly relevant to the life of the EU over the past thirty years but there has been an institutional reluctance to mould a unified human rights policy worthy of the name. Nevertheless, the EU's practices have not been constructed randomly: they have evolved within discrete policy realms along coherent narrative lines. From the arguably mythical basis that the EU was founded upon a general principle of respect for human rights; policies and practices have developed along two distinct paths. Internally, within the EU, human rights are contingent. Scrutiny is erratic and even casual, and enforcement is left to the courts and independent agencies. Externally, in the EU's interactions with non-members, however, the story is very different: human rights are broad in concept. Collective notions of rights are accepted and promoted. Scrutiny can be intrusive and effective, and systems of enforcement, increasingly severe in scope and strength, have been applied. This bifurcation has direct implications for the EU's constitutional structure and its future human rights activities. It suggests that, through human rights language, conditions for conflict rather than integration have arisen, and that a system of double standards has been instituted. Williams therefore argues that the EU's claims to a credible human rights policy are suspect. This book examines the nature and scope of the bifurcation and explains its origins and development. In doing so it questions orthodox interpretations and provides a radical new reading of the EU's human rights law and practice. At its heart, the book claims that without a fundamental reappraisal of the basis upon which the EU responds to human rights, it will remain plagued by this ironical condition.

Civil Rights and Liberties in the 21st Century (Paperback, 4th edition): John C. Domino Civil Rights and Liberties in the 21st Century (Paperback, 4th edition)
John C. Domino
R2,869 Discovery Miles 28 690 Ships in 10 - 15 working days

This up-to-date analysis of the Supreme Court's landmark rulings on civil rights and liberties is a discussion of the facts, legal issues, and constitutional questions surrounding those rulings. Domino's book serves as either a core text in courses on civil liberties and civil rights, or as a supplementary text in courses on constitutional law and the judiciary. The book is written in the belief that the key to understanding constitutional law is not having the right answers but asking the right questions. It encourages students to be critical thinkers and provides a historical context so students can better understand competing social, legal, and political interests affecting the Supreme Court's decisions today. The text also includes numerous short excerpts from some of the more influential, eloquent, and controversial Supreme Court opinions to illustrate the handiwork of the powerful legal minds who have helped to shape our society. It reminds us that "the Court" is not an abstract legal mechanism, but rather a group of human beings with divergent opinions. New to the Fourth Edition Up-to-date discussion of recent rulings, from the standpoint of the Court as a Cultural Tribunal, including: freedom of expression, including hate speech and the historic Citizens United case on campaign finance freedom of religion, including prayer during public meetings and the controversial Hobby Lobby case on corporate religious belief social issues, including reproductive rights & abortion and the landmark Obergefell case on same-sex marriage New section on obscenity and the First Amendment, including discussion of Internet pornography Expanded discussion of the use of GPS and thermal scanning technology by law enforcement and issues surrounding mobile phone privacy The nomination and confirmation politics surrounding the death of Antonin Scalia, the failed nomination of Merrick Garland, and the confirmation of Trump appointee Neil Gorsuch Analysis and comparison of the Roberts Court to the Rehnquist, Burger, and Warren Courts, revisiting the question of counterrevolution that set the theme for previous editions

The Constitution of Social Democracy - Essays in Honour of Keith Ewing (Hardcover): Alan Bogg, Jacob Rowbottom, Alison L. Young The Constitution of Social Democracy - Essays in Honour of Keith Ewing (Hardcover)
Alan Bogg, Jacob Rowbottom, Alison L. Young
R4,670 Discovery Miles 46 700 Ships in 10 - 15 working days

This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, this collection considers whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.

Cosmopolitanism and the Development of the International Criminal Court - Non-Governmental Organizations' Advocacy and... Cosmopolitanism and the Development of the International Criminal Court - Non-Governmental Organizations' Advocacy and Transnational Human Rights (Hardcover)
Jennifer Biedendorf
R2,856 Discovery Miles 28 560 Ships in 10 - 15 working days

Cosmopolitanism and the Development of the International Criminal Court analyzes a set of prominent and competing discourses that emerged in the context of the development and establishment of the International Criminal Court (ICC). The ICC is the first permanent juridical body designed to prosecute individuals who commit offences including war crimes, crimes against humanity, and genocide. Drawing on scholarship on public memory and human rights, the book argues that international law and the international human rights system play a key role for the development of transnational memory discourses and transnational or cosmopolitan subjectivities. Despite the International Criminal Court being recognized as a landmark development in global cooperation, an examination of key events in the development of the court shows how some state and nonstate actors advance calls for cosmopolitanism while others resist cosmopolitanism to bolster nation-state sovereignty. Drawing on the establishment of the International Criminal Court as a case study, the book examines several events that continue to shape national and international public discourse. The book examines debates that occurred during the drafting process of the international treaty at the United Nations and that led to the groundbreaking inclusion of provisions on gender and sexual violence in the Rome Statute of the ICC in 1998. The analysis discusses the tension between feminist advocates' rhetoric and the discourse of anti-women's rights actors involved in the treaty-making process who resisted such inclusions in international criminal law. The book analyzes other key events related to the establishment of the ICC that invoke tensions between competing demands of cosmopolitanism and national sovereignty, including advocacy campaigns by nongovernmental organizations working to drum up public support of the institution of the International Criminal Court and the debates surrounding the unprecedented act of the United States "unsigning" an international treaty. In sum, this examination of the rhetoric of state and nonstate actors attempting to shape the court according to their visions of global community shows how discourses about international criminal law and human rights are employed not only to advance cosmopolitanism but also to strengthen nationalist discourses.

Rethinking Incarceration - Advocating for Justice That Restores (Paperback): Dominique Duboi Gilliard Rethinking Incarceration - Advocating for Justice That Restores (Paperback)
Dominique Duboi Gilliard
R496 R462 Discovery Miles 4 620 Save R34 (7%) Ships in 18 - 22 working days

IVP Readers' Choice Award Outreach Magazine Resource of the Year The United States has more people locked up in jails, prisons, and detention centers than any other country in the history of the world. Mass incarceration has become a lucrative industry, and the criminal justice system is plagued with bias and unjust practices. And the church has unwittingly contributed to the problem. Dominique Gilliard explores the history and foundation of mass incarceration, examining Christianity's role in its evolution and expansion. He then shows how Christians can pursue justice that restores and reconciles, offering creative solutions and highlighting innovative interventions. The church has the power to help transform our criminal justice system. Discover how you can participate in the restorative justice needed to bring authentic rehabilitation, lasting transformation, and healthy reintegration to this broken system.

Language Rights and the Law in the European Union (Hardcover, 1st ed. 2020): Eduardo D. Faingold Language Rights and the Law in the European Union (Hardcover, 1st ed. 2020)
Eduardo D. Faingold
R1,634 Discovery Miles 16 340 Ships in 18 - 22 working days

This book examines the language policies relating to linguistic rights in European Union law and in the constitutions and legal statutes of some European Union member states. In recent years, the European Union has seen an increase in claims for language recognition by minority groups representing a considerable population (such as Catalan in Spain and Welsh in the UK). Additionally, there is a developing situation surrounding the official use of English within the European Union in the aftermath of the Brexit vote. In light of these two contexts, this book focuses on the degree of legal protection afforded to linguistic groups in the European Union. It will be of interest to students and scholars of language policy, EU law, minority languages and sociolinguistics.

Disoriented - Asian Americans, Law, and the Nation-State (Paperback, New Ed): Robert Chang Disoriented - Asian Americans, Law, and the Nation-State (Paperback, New Ed)
Robert Chang
R1,069 Discovery Miles 10 690 Ships in 18 - 22 working days

Does "Asian American" denote an ethnic or racial identification? Is a person of mixed ancestry, the child of Euro- and Asian American parents, Asian American? What does it mean to refer to first generation Hmong refugees and fifth generation Chinese Americans both as Asian American?

In Disoriented: Asian Americans, Law, and the Nation State, Robert Chang examines the current discourse on race and law and the implications of postmodern theory and affirmative action-all of which have largely excluded Asian Americans-in order to develop a theory of critical Asian American legal studies.

Demonstrating that the ongoing debate surrounding multiculturalism and immigration in the U.S. is really a struggle over the meaning of "America," Chang reveals how the construction of Asian American-ness has become a necessary component in stabilizing a national American identity-- a fact Chang criticizes as harmful to Asian Americans. Defining the many "borders" that operate in positive and negative ways to construct America as we know it, Chang analyzes the position of Asian Americans within America's black/white racial paradigm, how "the family" operates as a stand-in for race and nation, and how the figure of the immigrant embodies a central contradiction in allegories of America.

"Has profound political implications for race relations in the new century"
"--Michigan Law Review, May 2001"

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