Surveillance of citizens is a clear manifestation of government power. The act of surveillance is generally deemed acceptable in a democratic society where it is necessary to protect the interests of the nation and where the power is exercised non-arbitrarily and in accordance with the law. Surveillance and the Law analyses the core features of surveillance that create stark challenges for transparency and accountability by examining the relationship between language, power, and surveillance. It identifies a number of features of surveillance law, surveillance language, and the distribution of power that perpetuate the existing surveillance paradigm. Using case studies from the US, the UK, and Ireland, it assesses the techniques used to maintain the status quo of continued surveillance expansion. These jurisdictions are selected for their similarities, but also for their key constitutional distinctions, which influence how power is distributed and restrained in the different systems. Though the book maintains that the classic principles of transparency and accountability remain the best means available to limit the arbitrary exercise of government power, it evaluates how these principles could be better realised in order to restore power to the people and to maintain an appropriate balance between government intrusion and the right to privacy. By identifying the common tactics used in the expansion of surveillance around the globe, this book will appeal to students and scholars interested in privacy law, human rights, information technology law, and surveillance studies.

This book philosophically explores how changing conceptions of race and equality have affected Supreme Court interpretations of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution over the years. In the years since the 14th Amendment was ratified in 1868, in its decisions interpreting the Equal Protection Clause, the Supreme Court has switched from using a sociocultural concept of race to using a biological concept of race, and during the same time period has switched from using a social to a legal concept of equality. One result of these trends is the recent emergence of something called 'reverse discrimination.' Another result is that the Equal Protection Clause no longer specially protects racialized persons from racial discrimination, as it was originally intended to do. Using the tools of legal hermeneutics, critical philosophy of race, and critical race theory, key cases of racial discrimination in equal protection law are examined through a historical lens. The Supreme Court's switch, over the years, from interpreting the Equal Protection Clause as specially protecting racialized persons from continued racial discrimination after the end of the institution of chattel slavery, to interpreting the Clause as protecting everyone from racial discrimination, is tracked alongside changing conceptions of race and equality. As the concept of race became biological, the concept of equality became legal, and the result was the elimination of remedying the negative effects of chattel slavery on the equality status of racialized persons from the Supreme Court's list of priorities.

This Handbook provides an intellectually rigorous and accessible overview of the relationship between natural law and human rights. It fills a crucial gap in the literature with leading scholarship on the importance of natural law as a philosophical foundation for human rights and its significance for contemporary debates. The themes covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; the various foundations for human rights within natural law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics. This Handbook is an ideal introduction to natural law perspectives on human rights, while also offering a concise summary of scholarly developments in the field.

The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds--Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others--the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.

This book presents a unique and comprehensive examination of the human and moral rights of artists. In what is arguably the first exhaustive book-length account of artists' rights, Paul Kearns explores the problems associated with censorship, both from philosophical and legal perspectives, and focuses on the various ways in which the morality of art is legally regulated in different jurisdictions. In relation to human rights, English, French and American law, the law of the European Convention on Human Rights, European Union law and public international law are all closely scrutinised to discover the extent to which they offer protection for artistic freedom. The author also examines domestic and international law in respect of artists' moral rights, the law of copyright and related laws. In short, the book provides an original, and sometimes controversial, analysis of persistent concerns regarding the legal regulation of the arts universally, doctrinally and theoretically, and seeks to offer an holistic treatment which will appeal to art lawyers, artists and those interested in the future of the arts.

The principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.

Diversity and plurality are widely discussed in the contemporary human rights debate, in very different contexts. This book provides a better understanding of those two concepts, analyzing the legal systems of 23 countries - across Africa, Asia and Europe - and of two regional human rights systems (the European and Inter-American Systems). The book highlights two major elements: if there is no doubt that the majority of national legal orders are based on the principles of political liberalism - in other words, if the power of the liberal foundation is indisputable - the fact remains that multiple socio-historical constraints continue to weigh on the States which, for some, find it difficult to overcome the horrors of the past. Beyond the law, it was therefore necessary to take the measure of the reality and difficulties of the legal mechanism to profoundly transform societies divided either by colonization or by war in particular. As for the power of the liberal foundation of the States, it generates two bold consequences: the neutrality of the State on the one hand and the protection of the rights and freedoms of the individual, but also the collective on the other hand. Indeed, the rights of human beings, like those of members of certain groups, constitute the heart of contemporary constitutional structures. Even if their protection takes different forms according to the legal culture of each country, their centrality is indisputable and essentially revealed by the vectors of dignity and equality, which involve prohibiting all forms of discrimination. As for the weight of history, it explains the existence of significant differences considering the overall vision of democracy or even the importance of the weight given to a specific religion and/or specific customs. While there is nothing surprising about this element, what is surprising is to note that despite the adoption of constitutions with liberal values, and the promotion of individual and collective rights, some States are still strongly attached to their habits and customs, which can be considered, a priori, to belong to another age.

Since 2005, approximately 70,000 asylum-seeking refugees from Sudan and Eritrea have entered Israel. This, along with the highly publicised anti-African immigrant riots in Israel in 2012 and 2014 and the current global refugee crisis, has meant that the issue of African migration has become increasingly controversial. Here Gilad Ben-Nun looks at this phenomenon in its historical and contemporary contexts, and compares it to the wider debates surrounding the Palestinian refugees in the region and the concept of their right of return. He argues that this newer, African migration issue has forced Israel to move from conceiving of itself as an 'exceptional' state and now has to view itself as a more 'normal' and 'universal' entity. Ranging as far back as Israel's important role in the the ratification drafting of the 1951 Refugee Convention and drawing on a variety of methodologies and sources, Ben-Nun offers a wide-ranging legal, social and historical examination of asylum in Israel, that sheds timely light onto themes of migration and identity across the Middle East. This is essential reading for legal historians and lawyers, as well as scholars working on migration studies and the history and politics of the Middle East.

Jus ad bellum and jus in bello are established concepts in contemporary international law. This book is the first work to treat the origins, contents and contemporary challenges of jus post bellum. It offers new analysis and fresh thinking on one of the greatest challenges of warfare and armed force: the management and restoration of peace after conflict. Fundamental issues, such as the extraterritorial application of human rights obligations, the accountability of occupying powers and international organizations and approaches towards justice and reconciliation, are at the heart of contemporary debate. New concepts, such as the notion of responsibility to protect are gradually emerging. This book addresses these issues from a novel perspective. It identifies legal gaps and policy challenges and inquires to what extent they may be addressed under a common normative umbrella: Jus Post Bellum. The individual contributions offer guidance on shortcomings, directions and possible avenues of reform. In this way, the authors - from various disciplines, such as philosophy, legal history, political science and international law - contribute to the emerging scholarship in this field. Carsten Stahn is a Reader in Public International Law and International Criminal Justice, at the Swansea University School of Law, UK. Jann K. Kleffner is Assistant Professor at the Amsterdam University Center of International Law, The Netherlands, and the Managing Editor of the Yearbook of International Humanitarian Law.

''When the exception becomes the norm, the power of the sovereign is arbitrary, just as in pre-democratic times. But such arbitrariness is not random: it is applied primarily to certain categories of what used to be called ''the lower orders'' of society - the undocumented immigrants and the racially ''other,'' regardless of prior citizenship status. The very notion of citizen becomes vague and the status can be lost through a Kafkaesque process in which the state is unfathomable and often acts behind the scenes. This book edited by Devyani Prabhat brings together academics and lawyers working in the field of nationality and immigration laws, and shows how what has long been a feature of the labor market, namely, the precarious nature of jobs, has now become a feature of basic rights of ''belonging.'' Citizenship is precarious too. The chapters in this volume lead us straight to the question: What is the rule of law in such state of indistinction? Societies in decadence, like the current Western powers, entwine retrenchment with resentment, the exceptional with the normal, the in-group with the out-group. Devyani Prabhat and her colleagues analyze with great precision the alarming advance of legal imprecision, the interests that are vested in categorical confusion, and the erosion of basic rights in societies like the UK and the US - notably the right of persons to reside in peace and without fear.' - Juan Corradi, New York University, US This innovative book considers the evolution of the contemporary issues surrounding British citizenship, integrating the social aspects and ideas of identity and belonging alongside its legal elements. With contributions from renowned lawyers and academics, it challenges the view that there are immutable values and enduring rights associated with citizenship status. The book is organised into three thematic parts. Expert contributors trace the life cycle of the citizenship process, focusing on becoming a British citizen, retaining this citizenship with its associated rights, and the potential loss of citizenship owing to immigration controls. Through a critical examination of the concepts and content of British citizenship, the premise that citizenship retracts from full membership in society in times of turmoil is questioned. Wide-ranging and interdisciplinary, Citizenship in Times of Turmoil? will be a key resource for scholars and students working within the fields of migration, citizenship and immigration law. Including details of legal practice, it will also be of benefit to practitioners.

With this book, the authors provide a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. They offer step-by-step approaches for maximizing the institutions 'intended effect' promotion of human rights at all levels. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. The authors are able to offer guidance on how to work within international criminal and human rights mechanisms in a way that is useful to non-government actors and applies to English-speaking practitioners almost anywhere on the globe. These pages will serve as an indispensable manual for human rights practitioners, defenders and lawyers, members of non-governmental organizations engaged in advocacy and the students, scholars and faculty of law schools.

On the 50th anniversary of the landmark Civil Rights Act of 1964, Raymond F. Gregory evaluates our progress towards the full implementation of one of the law's key provisions: Title VII, which prohibits discrimination in the workplace. Gregory looks at key litigation as the law has come to include discrimination based on more than just race, but on gender, age, ethnicity, and sexual orientation. From the segregationist policies of the past to lingering workplace oppression in the form of sexual harassment, age discrimination, and religious conflicts, the places we work have always been the scenes of some of our greatest civil rights battles, with continued discriminatory issues and challenges routinely on their most visible display. This study of the landmark cases, rulings, and debates surrounding workplace discrimination of all kinds sheds light on the cultural tensions we grapple with in America, and on the broader history of oppression suffered, recognized, and overcome, in the 50 years since this country passed its Civil Rights Act.While a detailed history of the legal history of civil rights and America's workplace discrimination, this book also outlines positive ways forward for our society as we continue to diversify and redefine what it means to be respectful of our fellow citizens' most inalienable, protected, and sacred rights.

Capello investigates why we've been so blithe about giving up our privacy and all the opportunities we've had along the way to rein it in. Every day, Americans surrender their private information to entities claiming to have their best interests in mind. This trade-off has long been taken for granted, but the extent of its nefariousness has recently become much clearer. As None of Your Damn Business reveals, the problem is not so much that data will be used in ways we don't want, but rather how willing we have been to have our information used, abused, and sold right back to us. In this startling book, Lawrence Cappello targets moments from the past 130 years of US history when privacy was central to battles over journalistic freedom, national security, surveillance, big data, and reproductive rights. As he makes dismayingly clear, Americans have had numerous opportunities to protect the public good while simultaneously safeguarding our information, and we've squandered them every time. None of Your Damn Business is a rich and provocative survey of an alarming topic that grows only more relevant with each fresh outrage of trust betrayed.

Questions of religious liberty have become flashpoints of controversy in virtually every area of life around the world. Despite the protection of religious liberty at both national and supranational levels, there is an increasing number of conflicts concerning the proper way to recognize it - both in modern secular states and in countries with an established religion or theocratic mode of government. This book provides an analysis of the general concept of religious liberty along with a close study of important cases that can serve as test beds for conflict resolution proposals. It combines the insights of both pure academics and experienced legal practitioners to take a fresh look at the nature, scope and limits of religious liberty. Divided into two parts, the collection presents a blend of legal and philosophical approaches, and draws on cases from a wide range of jurisdictions, including Brazil, India, Australia, the USA, the Netherlands, and Canada. Presenting a broad range of views, this often provocative volume makes for fascinating reading for academics and researchers working in the areas of law and religion, legal philosophy and human rights.

The human rights issues in Japan are multifaceted. Over decades, domestic and international human rights organisations have raised concerns, but government obstinacy has meant there has been little progress. Recommendations of UN human rights bodies are routinely ignored, and statements by the government in the Japanese parliament regarding these recommendations have been dismissive. At the review of Japan's implementation of the International Covenant on Civil and Political Rights in 2014, Professor Nigel Rodley, then chair of the UN Human Rights Committee, lamented the lack of true engagement by Japan and the country's unwillingness to take any action on the conclusions of UN human rights bodies. Equally worrying is the clear trend over recent years of popular publications bashing neighbouring countries and their nationals living in Japan as well as UN human rights bodies. This book explores the issues surrounding human rights in Japan, and what the future might hold for the country.

This book analyses marginalisation and human rights in Southeast Asia and offers diverse approaches in understanding the nuances of marginalisation and human rights in the region. Throughout the region, a whole range of similarities and differences can be observed relating to the Southeast Asian experience of human rights violation, with each country maintaining particular aspects reflecting the variability of the use and abuse of political power. This book explores the distinct links between marginalisation and human rights for groups exposed to discrimination. It focuses on ethnic minorities, children, indigenous peoples, migrant workers, refugees, academics, and people with disabilities. This book highlights the disparities in attainment and opportunity of marginalised and minority groups in Southeast Asia to their rights. It examines how marginalisation is experienced, with case studies ranging from a regional approach to country context. Paying attention to how broader socio-economic and political structures affect different people's access to, or denial of, their fundamental human rights and freedoms, the book argues that tackling human rights abuses remains a major hurdle for the countries in Southeast Asia. Providing a broader conceptual framework on marginalisation and human rights in Southeast Asia and a new assessment of these issues, this book will be of interest to readers in the fields of Asian Law, Human Rights in Asia, and Southeast Asian Studies, in particular Southeast Asian Politics.

This collection sets about untangling some of the knotty issues in the underexplored relationship between human rights and the media. We investigate how complex debates in political, judicial, academic and public life on the role and value of human rights are represented in the media, particularly, in print journalism. To focus the discussion, we concentrate on media representation of the controversial proposals in the United Kingdom to repeal the Human Rights Act 1998 and to replace it with a British Bill of Rights. The collection is underpinned by the observation that views on human rights and on the proposals to repeal and replace are polarised. On the one hand, human rights are presented as threatening and, therefore, utterly denigrated; on the other hand, human rights are idolised, and, therefore, uncritically celebrated. This is the 'fear and fetish' in our title. The media plays a decisive role in constructing this polarity through its representation of political and ideological viewpoints. In order to get to grips with the fear, the fetish and this complex interrelationship, the collection tackles key contemporary themes, amongst them: the proposed British Bill of Rights, Brexit, prisoner-voting, the demonisation of immigrants, press freedom, tabloid misreporting, trial by media and Magna Carta. The collection explores media representation, investigates media polarity and critiques the media's role.

With Brexit looming, a major issue facing UK Higher Education is whether the UK will be able to stay in the Erasmus Programme. This book sits at the intersection of three main interrelated themes - EU citizenship, the current state of the university in Europe, and student mobility - as they play out in the context of an EU funded programme established not least to promote European identity, European consciousness and European citizenship. Exploring through interviews with students from many countries, this book weaves together the themes of citizenship creation as a device for building a nation and a polity, the university as a public space in the era of the marketization of higher education, and communicative interaction as the mechanism by which citizenship is created. Ultimately it asks if the building bricks of national citizenship can be transposed to the transnational scale, and assist in creating the transnational, EU citizenship. It finds, surprisingly, that far from encouraging and facilitating the communicative interaction on which the development of EU citizenship was postulated, central features of the Erasmus Programme inadvertently work against this outcome. This book will be of key interest to scholars and students of EU law and European and EU studies, Citizenship Studies, sociology, and more broadly to higher education in general.

'Noncitizenship', if it is considered at all, is generally seen only as the negation or deprivation of citizenship. It is rarely examined in its own right, whether in relation to States, to noncitizens, or citizens. This means that it is difficult to examine successfully the status of noncitizens, obligations towards them, and the nature of their role in political systems. As a result, not only are there theoretical black holes, but also the real world difficulties created as a result of noncitizenship are not currently successfully addressed. In response, Theorising Noncitizenship seeks to define the theoretical challenge that noncitizenship presents and to consider why it should be seen as a foundational concept in social science. The contributions, from leading scholars in the field and across disciplinary backgrounds, capture a diversity of perspectives on the meaning, position and lived experience of noncitizenship. They demonstrate that, we need to look beyond citizenship in order to take noncitizenship seriously and to capture fully the lived realities of the contemporary State system. This book was previously published as a special issue of Citizenship Studies.

In many countries today there is a growing and genuinely-held concern that the institutional arrangements for the protection of human rights suffer from a 'democratic deficit'. Yet at the same time there appears to be a new consensus that human rights require legal protection and that all branches of the state have a shared responsibility for upholding and realising those legally protected rights. This volume of essays tries to understand this paradox by considering how parliaments have sought to discharge their responsibility to protect human rights. Contributors seek to take stock of the extent to which national and sub-national parliaments have developed legislative review for human rights compatibility, and the effect of international initiatives to increase the role of parliaments in relation to human rights. They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights. Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come, but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures, processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account. The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law, and courts in turn pay closer attention to that reasoned consideration. 'I believe that this book will be of enormous value to all of those interested in human rights, in modern legislatures, and the relationship between the two. As this is absolutely fundamental to the characterand credibility of democracy, academic insight of this sort is especially welcome. This is an area where I expect there to be an ever expanding community of interest.' From the Foreword by the Rt Hon John Bercow MP, Speaker of the House of Commons

Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan's governance problems. Following South Sudan's independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan's identity, governance and rule of law, human rights protection and the relationship between religion and the State. This book provides an in-depth study of Sudan's constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book addresses constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women's rights.

The first comprehensive history of the DREAM Act and Deferred Action for Childhood Arrivals (DACA) In 1982, the Supreme Court of the United States ruled in Plyler v. Doe that undocumented children had the right to attend public schools without charge or impediment, regardless of their immigration status. The ruling raised a question: what if undocumented students, after graduating from the public school system, wanted to attend college? Perchance to DREAM is the first comprehensive history of the DREAM Act, which made its initial congressional appearance in 2001, and Deferred Action for Childhood Arrivals (DACA), the discretionary program established by President Obama in 2012 out of Congressional failure to enact comprehensive immigration reform. Michael A. Olivas relates the history of the DREAM Act and DACA over the course of two decades. With the Trump Administration challenging the legality of DACA and pursuing its elimination in 2017, the fate of DACA is uncertain. Perchance to DREAM follows the political participation of DREAMers, who have been taken hostage as pawns in a cruel game as the White House continues to advocate anti-immigrant policies. Perchance to DREAM brings to light the many twists and turns that the legislation has taken, suggests why it has not gained the required traction, and offers hopeful pathways that could turn this darkness to dawn.

Dignity is seen, commonly, as an ethical obligation owed to human persons. The dimensions of this obligation are subject to wide discussion and defy universal agreement. Dignity is seen, commonly, as an ethical obligation owed to human persons. Dignity as a Human Right? examines dignity within the prism of death, and more particularly, its humane and dignified management. Although there is no domestic or international right to die with dignity, within the right to life should, arguably, be a right to dignity and self-determination especially at its end-stage; for, a powerful interface exists between the right to human dignity and the very right to life, to love and humanity as well as compassion at its conclusion. Legislative efforts--nationally and internationally--have begun to recognize a right to die with dignity when a condition of medical futility exists. There are presently five states and the District of Columbia, together with a judicial interpretation from the Montana Supreme Court, which recognize death assistance for the terminally ill. Internationally, Canada, Belgium, the Netherlands, and Switzerland are seen as leaders in this recognition. The United Nations has played a significant role in framing end-of-life decision making within the ambit of human rights protection. The UN Charter states unequivocally that the dignity and worth of the human person must be protected and safeguarded. Similarly, among other instruments, the Universal Declaration on Human Rights acknowledges that all human beings are born free and equal in dignity and rights.

Today, the concept of "the refugee" as distinct from other migrants looms large. Immigration laws have developed to reinforce a dichotomy between those viewed as voluntary, often economically motivated, migrants who can be legitimately excluded by potential host states, and those viewed as forced, often politically motivated, refugees who should be let in. In Crossing, Rebecca Hamlin argues against advocacy positions that cling to this distinction. Everything we know about people who decide to move suggests that border crossing is far more complicated than any binary, or even a continuum, can encompass. Drawing on cases of various "border crises" across Europe, North America, South America, and the Middle East, Hamlin outlines major inconsistencies and faulty assumptions on which the binary relies. The migrant/refugee binary is not just an innocuous shorthand-indeed, its power stems from the way in which it is painted as apolitical. In truth, the binary is a dangerous legal fiction, politically constructed with the ultimate goal of making harsh border control measures more ethically palatable to the public. This book is a challenge to all those invested in the rights and study of migrants to move toward more equitable advocacy for all border crossers.