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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > General
The relationship between nationalism and the rule of law has been largely neglected by scholars although separately they have often captured public discourse and have emerged as critical concepts. This book provides the first systematic account of this relationship. It develops an analytical framework for understanding the interactions of nationalism and the rule of law by focusing on the domains of citizenship, transitional justice and international justice. The book engages these insights further in a detailed empirical analysis of three case studies from the former Yugoslavia. The author argues that while the tensions and contradictions between nationalism and the rule of law have become more apparent in the post-Cold War era, they can also be harnessed for productive purposes. In exploring the role of law in managing and transforming nationalism, the book emphasises the deliberative character of legal processes and offers an original perspective on the power of international law to reshape public discourse, politics, and legal orders.
International human rights law has only recently concerned itself with water. Instead, international water law has regulated the use of shared rivers, and only states qua states could claim rights and bear duties towards each other. International human rights law has focused on its principal mission of taming the powers of a state acting territorially. Takele Soboka Bulto challenges the established analytic boundaries of international water law and international human rights law. By demonstrating the potential complementarity between the two legal regimes and the ensuing utility of regime coordination for the establishment of the human right to water and its extraterritorial application, he also shows that human rights law and the international law of watercourses can apply in tandem with the purpose of protecting non-national non-residents in Africa and beyond.
This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the 'Area of Freedom, Security and Justice' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to 're-invent itself' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.
Rights for Others is an empirical study of what happens when international human rights are applied domestically in The Netherlands. It tracks recent debates in Dutch society on citizenship and the rights of immigrants, and analyses the shift from the perception of human rights as a 'foreign policy concern' to the slow processes of homecoming in what has traditionally been a left-wing society, but now includes many more right-wing political parties. Adopting an interdisciplinary approach, Oomen combines insights from law, sociology and anthropology to explain how rights gain significance in framing social and political discussions. The book provides comprehensive coverage on relevant constitutional law, legal culture and rights realization as well as discussing case material on human rights education, polarization, socio-economic rights, domestic violence and the rights of minorities. This is an invaluable contribution to the global fields of human rights and socio-legal studies for scholars and researchers.
Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.
This book argues that there is an important connection between ethical resistance to British imperialism and the ethical discovery of gay rights. By closely examining the roots of liberal resistance in Britain and resistance to patriarchy in the United States, this book shows that fighting the demands of patriarchal manhood and womanhood plays an important role in countering imperialism. Advocates of feminism and gay rights (in particular, the Bloomsbury Group in Britain) play an important public function in the criticism of imperialism because they resist the gender binary's role in rationalizing sexism and homophobia in both public and private life. The connection between the rise of gay rights and the fall of empire illuminates larger questions of the meaning of democracy and of universal human rights as shared human values that have appeared since World War II. The book also casts doubt on the thesis that arguments for gay rights must be extrinsic to democracy, and that they must reflect Western, as opposed to African or Asian, values. To the contrary, gay rights arise from within liberal democracy, and its critics polemically use such opposition to cover and rationalize their own failures of democracy."
Das mitwirkende Verschulden im Zivilrecht wird gemeinhin als spezielle Auspragung des Grundsatzes von Treu und Glauben verstanden. Die Arbeit versucht, den Normbezug des Mitverschuldens am Beispiel der Arzthaftung nachzuweisen. Ausgehend vom versicherungsrechtlichen Begriff der Obliegenheit werden typische Fallgruppen schadensvermeidenden und schadensmindernden Patientenverhaltens entwickelt.
In the period since the end of the Second World War, there has emerged what never before existed: a truly global morality. Some of that morality - the morality of human rights - has become entrenched in the constitutional law of the United States. This book explicates the morality of human rights and elaborates three internationally recognized human rights that are embedded in US constitutional law: the right not to be subjected to cruel, inhuman or degrading punishment; the right to moral equality; and the right to religious and moral freedom. The implications of one or more of these rights for three great constitutional controversies - capital punishment, same-sex marriage and abortion - are discussed in-depth. Along the way, Michael J. Perry addresses the question of the proper role of the Supreme Court of the United States in adjudicating these controversies.
What happens inside our prisons? What's Prison For? examines the "incarceration" part of "mass incarceration." What happens inside prisons and jails, where nearly two million Americans are held? Bill Keller, one of America's most accomplished journalists, has spent years immersed in the subject. He argues that the most important role of prisons is preparing incarcerated people to be good neighbors and good citizens when they return to society, as the overwhelming majority will. Keller takes us inside the walls of our prisons, where we meet men and women who have found purpose while in state custody; American corrections officials who have set out to learn from Europe's state-of-the-art prison campuses; a rehab unit within a Pennsylvania prison, dubbed Little Scandinavia, where lifers serve as mentors; a college behind bars in San Quentin; a women's prison that helps imprisoned mothers bond with their children; and Keller's own classroom at Sing Sing. Surprising in its optimism, What's Prison For? is an indispensable guide on how to improve our prison system, and a powerful argument that the status quo is a shameful waste of human potential.
The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these problems. The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against.
This book explains the reciprocal relations between the Supreme Court and the Israeli political system. It is based on a unique approach that contends that the non-governability of the political system and an alternative political culture are two key formal and informal variables affecting the behavior of several political players within the Israeli arena. The analysis illustrates the usefulness of such a model for analyzing long-term socio-political processes and explaining the actions of the players. Until this model changes significantly, the decisions of the High Court of Justice express the values of the state and enable Israel to remain a nation that upholds human rights. The court's decisions determine the normative educational direction and reflect Israel's democratic character with regard to the values of human rights.
This edited volume offers original scholarship on economic and social human rights from leading and new cutting-edge scholars in the fields of economics, law, political science, sociology, and anthropology. It analyzes the core economic and social rights and the crucial topic of nondiscrimination, and includes an innovative section on meta rights. The main chapters answer important questions about economic and social rights performance around the world by emphasizing the obstacles that prevent governments from fulfilling their obligations. The interdisciplinary analysis offers a detailed and up-to-date discussion to help scholars and policy makers find the best ways to instantiate economic and social rights. The authors examine the role of the associated obligations, and especially the obstacles to respect, protect, and fulfill those obligations. The book's introductory and concluding chapters address conceptual issues and correct mistakes often made by critics of economic and social rights.
Die Autorin deckt Mangel des 89b HGB (Billigkeitsregelung) im europaischen Blickfeld auf und sucht nach Alternativen, die zu mehr Rechtssicherheit beitragen koennen. Hintergrund sind die uneinheitlichen rechtlichen Rahmenbedingungen auf europaischer und nationaler Ebene, die Auslegungsprobleme nach sich ziehen. Bei Vertragsbeendigung steht dem Handelsvertreter nach 89b HGB ein Anspruch auf angemessenen Ausgleich zu. Der Ausgleichsanspruch ist eine nicht durch Provisionszahlungen abgegoltene Vergutung fur Vorteile, die der Unternehmer aus den vermittelten Kundenbeziehungen nach Vertragsende zieht. Die Auslegung des 89b HGB wird massgeblich beeinflusst durch die EG-Richtlinie 86/653/EWG. Wahrend die 84 ff. HGB jedoch alle Vertreterarten erfassen, gilt die EG-Richtlinie nur fur Warenvertreter.
In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is reshaping the discourse of international politics with a new approach to the management of violent conflict. Teitel maintains that this framework is most evidently at work in the jurisprudence of the tribunals-international, regional, and domestic-that are charged with deciding disputes that often span issues of internal and international conflict and security. The book demonstrates how the humanity law framework connects the mandates and rulings of diverse tribunals and institutions, addressing the fragmentation of global legal order. Comprehensive in approach, Humanity's Law considers legal and political developments related to violent conflict in Europe, North America, South America, and Africa. This interdisciplinary work is essential reading for anyone attempting to grasp the momentous changes occurring in global affairs as the management of conflict is increasingly driven by the claims and interests of persons and peoples, and state sovereignty itself is transformed.
Building on the highly-regarded first edition, this is a comprehensive study of the relationship between law and religion in English law. Against a backdrop of an increasingly religiously and culturally diverse country, it represents a vital legal analysis of fundamental questions regarding individual and group rights, and how the political and legal systems regard and engage with such diversity. Questions about equality, non-discrimination, tolerance, and social cohesion are of great concern both in the public policy, and legal spheres. At a practical level, the debates range from the issue of whether businesses such as shops and hotels can decline to provide services on religious grounds, through clashes between the school curriculum and faith, to requests for employment leave on grounds of religion. Law, Rights, and Religion examines the legal principles underlying religious rights, and the application of issues of faith within the legal system. Framed by the Human Rights Act 1998, the Equality Act 2010, and the EC Equality Directives, it delves into specific areas of legal practice, including education, employment, immigration, family law, criminal law, and terrorism. The author combines detailed analysis with a clear assessment of the practical and procedural issues, making this an important tool in the library of all specialists in the areas of equality, discrimination, and human rights.
Nach der Veroeffentlichung der PISA-Studie wurde in Deutschland viel uber die weitere Entwicklung der oeffentlichen Schulen diskutiert. Nur wenig Beachtung fanden dabei die Privatschulen, obwohl diese eine Alternative zum oeffentlichen Schulwesen darstellen. Der Betrachtung der Rechtslage der Privatschulen dient dieses Buch. Es werden die verfassungsrechtliche Situation, die verwaltungsrechtliche Ausgestaltung im Recht der Bundeslander und die privatrechtliche Ausformung des Privatschulverhaltnisses untersucht. Betrachtet werden insbesondere die zwischen der genehmigten Ersatzschule und der zusatzlich anerkannten Ersatzschule bestehenden Unterschiede. Es erfolgt eine vertiefte Darstellung der Auswirkungen der Anerkennung der Ersatzschule im Verhaltnis der Schule zum Schuler und zum Staat.
The subjects of Privacy and Data Protection are more relevant than ever, and especially since 25 May 2018, when the European General Data Protection Regulation became enforceable. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the eleventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2018, held in Brussels in January 2018. The book explores the following topics: biometrics and data protection in criminal justice processing, privacy, discrimination and platforms for men who have sex with men, mitigation through data protection instruments of unfair inequalities as a result of machine learning, privacy and human-robot interaction in robotized healthcare, privacy-by-design, personal data protection of deceased data subjects, large-scale face databases and the GDPR, the new Europol regulation, rethinking trust in the Internet of Things, fines under the GDPR, data analytics and the GDPR, and the essence of the right to the protection of personal data. This interdisciplinary book was written while the reality of the General Data Protection Regulation 2016/679 was becoming clear. It discusses open issues and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in computers, privacy and data protection.
State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law. |
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