The First Amendment of the U. S. Constitution begins: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . ." The Supreme Court has consistently held that these words, usually called the "religion clauses," were meant to prohibit laws that violate religious freedom or equality. In recent years, however, a growing number of constitutional law and history scholars have contended that the religion clauses were not intended to protect religious freedom, but to reserve the states' rights to legislate on. If the states' rights interpretation of the religion clauses were correct and came to be accepted by the Supreme Court, it could profoundly affect the way the Court decides church-state cases involving state laws. It would allow the states to legislate on religion-even to violate religious freedom, discriminate on the basis of religion, or to establish a particular religion. This book carefully, thoroughly, and critically examines all the arguments for such an interpretation and, more importantly, all the available historical evidence. It concludes that the clauses were meant to protect religious freedom and equality of the individuals not the states' rights

The Truth and Reconciliation Commission (TRC), established in South Africa after the collapse of apartheid, was the bold creation of a people committed to the task of rebuilding of a nation and establishing a society founded upon justice, equality and respect for the rule of law. As part of its historic, cathartic mission, the TRC held a special hearing, calling to account the lawyers -- judges, academics and members of the bar -- who had been crucial participants in the apartheid legal order. This book is an account of those hearings, and an attempt to evaluate, in the light of theories of adjudication, the historical role of the judiciary and bar in the apartheid years.

Written by a well-known commentator on the South African legal system who became, by chance, the first witness to give testimony at these hearings, this book reveals, often in the words of those who testified, how the judges failed in their duty to uphold the rule of law. For the most part, the lawyers of apartheid deserted its victims. The few notable exceptions both illustrate the potential for lawyers to have done more and laid the basis for the respect the rule of law still enjoys in South Africa despite apartheid.

Yet, as the author shows, many continue to commit a more serious 'crime'. Failing to confront the past, and in many cases refusing even to attend TRC hearings, the lawyers who could have helped to resist the worst excesses of apartheid remain accomplices to its evil deeds.

This book offers us the spectacle of an entire legal system on trial. The echoes from this process are captured here in a way which will appeal to all readers -- lawyers and non-lawyers alike -- interested in the relationshipbetween law and justice, as it is exposed during a period of transition to democracy.

This examination of Palestinian experiences of life and death within the context of Israeli settler colonialism broadens the analytical horizon to include those who 'keep on existing' and explores how Israeli theologies and ideologies of security, surveillance and fear can obscure violence and power dynamics while perpetuating existing power structures. Drawing from everyday aspects of Palestinian victimization, survival, life and death, and moving between the local and the global, Nadera Shalhoub-Kevorkian introduces and defines her notion of 'Israeli security theology' and the politics of fear within Palestine/Israel. She relies on a feminist analysis, invoking the intimate politics of the everyday and centering the Palestinian body, family life, memory and memorialization, birth and death as critical sites from which to examine the settler colonial state's machineries of surveillance which produce and maintain a political economy of fear that justifies colonial violence.

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.

This multi-disciplinary collection interrogates the role of human rights in addressing past injustices. The volume draws on legal scholars, political scientists, anthropologists and political philosophers grappling with the weight of the memory of historical injustices arising from conflicts in Europe, the Middle East and Australasia. It examines the role of human rights as legal doctrine, rhetoric and policy as developed by states, international organizations, regional groups and non-governmental bodies. The authors question whether faith in human rights is justified as balm to heal past injustice or whether such faith nourishes both victimhood and self-justification. These issues are explored through three discrete sections: moments of memory and injustice, addressing injustice; and questions of faith. In each of these sections, authors address the manner in which memory of past conflicts and injustice haunt our contemporary understanding of human rights. The volume questions whether the expectation that human rights law can deal with past injustice has undermined the development of an emancipatory politics of human rights for our current world.

Uncertainty is central to the governance of citizenship, but in ways that erase, even deny, this uncertainty. This book investigates uncertain citizenship from the unique vantage point of 'citizenisation': twenty-first-century integration and naturalisation measures that make and unmake citizens and migrants, while indefinitely holding many applicants for citizenship in what Fortier calls the 'waiting room of citizenship'. Fortier's distinctive theory of citizenisation foregrounds how the full achievement of citizenship is a promise that is always deferred: if migrants and citizens are continuously citizenised, so too are they migratised. Citizenisation and migratisation are intimately linked within the structures of racial governmentality that enables the citizenship of racially minoritised citizens to be questioned and that casts them as perpetual migrants. Drawing on multi-sited fieldwork with migrants applying for citizenship or settlement and with intermediaries of the state tasked with implementing citizenisation measures and policies, Fortier brings life to the waiting room of citizenship, giving rich empirical backing to her original theoretical claims. Scrutinising life in the waiting room enables Fortier to analyse how citizenship takes place, takes time and takes hold in ways that conform, exceed, and confound frames of reference laid out in both citizenisation policies and taken-for-granted understandings of 'the citizen' and 'the migrant'. Uncertain Citizenship's nuanced account of the social and institutional function of citizenisation and migratisation offers its readers a grasp of the array of racial inequalities that citizenisation produces and reproduces, while providing theoretical and empirical tools to address these inequalities. -- .

In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief. The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.

Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features (e.g., liberty, health, autonomy, security, non-subordination, the absence of oppression, human dignity, the discovery of truth, the acquisition of knowledge, self-realization, human excellence, civic dignity, cultural diversity and choice, recognition of cultural identity, intercultural dialogue, participation in democratic self-government, being subject only to legitimate rule) and practical considerations (e.g., efficacy, the least restrictive alternative, chilling effects). The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue (e.g., reciprocity, equality, and mutual respect).

Countries are increasingly introducing data localization laws and data export restrictions, threatening digital globalization and inhibiting cloud computing's adoption despite its acknowledged benefits. Through a cloud computing lens, this multi-disciplinary book examines the personal data transfers restriction under the EU Data Protection Directive (including the EUUS Privacy Shield and General Data Protection Regulation). It covers historical objectives and practical problems, showing why the focus should move from physical data location to effective jurisdiction over those controlling access to intelligible data and control of access to data through security measures. The book further discusses data localization laws' failure to solve concerns regarding the topical and contentious issue of mass state surveillance. Its arguments are also relevant to other data localization laws, cross-border transfers of non personal data and transfers not involving cloud computing. Comprehensive yet accessible, this book is of great value to academics in law, policy, computer science and technology. It is also highly relevant to cloud computing/technology organisations and other businesses in the EU and beyond, data privacy professionals, policymakers and regulators.

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.

Very little in the American way of life functions adequately under surveillance. Democracy itself may be at mortal risk due to the loss of privacy and the increase in surveillance. Examining challenges in a wide range of contexts, this book investigates and critically examines our systems of data management, including the ways that data are collected, exchanged, analyzed, and re-purposed. The volume calls for re-establishing personal privacy as a societal norm and priority, requiring action on the part of everyone at personal, societal, business, and governmental levels. Because new media products and services are professionally designed and implemented to be frictionless and highly rewarding, change is difficult and solutions are not easy. This volume provides insight into challenges and recommended solutions.

The Educational Lockout of African Americans in Prince Edward County, Virginia (1959-1964): Personal Accounts and Reflections provides ground-breaking research on the historical events surrounding the Prince Edward County's school closings. For five years (1959-1964), the families of 1,700 African American students were forced to cope with the absence of public schooling in the county. Their efforts led to the case Davis v. the County School Board of Prince Edward County, which was one of the cases that were consolidated with Brown v. Board of Education of Topeka, Kansas. The book offers the reader two exciting sections. In the first section, the contributing authors provide interesting findings on Grassroots schools, the Kennedy administration, and an African American movement during the Prince Edward County school closings. In the second section, the authors provide the reader with personal reflections and a lecture from four professors whose parents were affected by the Prince Edward County lockout. Three of the four professors were graduates of the Prince Edward County school system.

Together, the US Constitution and the Bill of Rights comprise the constitutional foundation of the United States. These-the oldest governing documents still in use in the world-urgently need an update, just as the constitutions of other countries have been updated and revised. Human Rights Of, By, and For the People brings together lawyers and sociologists to show how globalization and climate change offer an opportunity to revisit the founding documents. Each proposes specific changes that would more closely align US law with international law. The chapters also illustrate how constitutions are embedded in society and shaped by culture. The constitution itself sets up contentious relationships among the three branches of government and between the federal government and each state government, while the Bill of Rights and subsequent amendments begrudgingly recognize the civil and political rights of citizens. These rights are described by legal scholars as "negative rights," specifically as freedoms from infringements rather than as positive rights that affirm personhood and human dignity. The contributors to this volume offer "positive rights" instead. The Universal Declaration of Human Rights (UDHR), written in the middle of the last century, inspires these updates. Nearly every other constitution in the world has adopted language from the UDHR. The contributors use intersectionality, critical race theory, and contemporary critiques of runaway economic inequality to ground their interventions in sociological argument.

The right to freedom of religion or belief, as enshrined in international human rights documents, is unique in its formulation in that it provides protection for the enjoyment of the rights "in community with others". This book explores the notion of the collective dimension of freedom of religion or belief with a view to advance the protection of this right. The book considers Turkey which provides a useful test case where both the domestic legislation can be assessed against international standards, while at the same time lessons can be drawn for the improvement of the standard of international review of the protection of the collective dimension of freedom of religion or belief. The book asks two main questions: what is the scope and nature of protection afforded to the collective dimension of freedom of religion or belief in international law, and, secondly, how does the protection of the collective dimension of freedom of religion or belief in Turkey compare and contrast to international standards? In doing so it seeks to identify how the standard of international review of the collective dimension of freedom of religion can be improved.

Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Interpretations of international human rights treaties tend either to ignore or downplay obligations beyond this 'territorial space'. This edited volume challenges the territorial bias of mainstream human rights law. It argues that with increased globalisation and the impact of international corporations, organisations and non-State actors, human rights law will become less relevant if it fails to adapt to changing realities in which States are no longer the only leading actor. Bringing together leading scholars in the field, the book explores potential applications of international human rights law in a multi-duty bearer setting. The first part of the book examines the current state of the human rights obligations of foreign States, corporations and international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations and responsibility. The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of foreign States as well as of non-State actors. As a marker of important progress in understanding what lies ahead for integrating foreign States and non-State actors in the human rights dutybearer regime, this book will be of great interest to scholars and practitioners of international human rights law, public international law and international relations.

This book is a broad-ranging argument for thorough reforms at home and abroad in Nigeria as the only antidote to the nation-building dilemmas Nigeria confronts in the first quarter of the twenty-first century. Because of its enormous material and human endowments, Nigeria is dubbed the "Giant of Africa." It is a moniker many of its leaders take seriously. Yet, Nigeria is a state rife with instability, some of it periodically erupting into violence. Given still-ongoing national security challenges in the land that notoriously includes a bloody religion-oriented terrorism, the Fourth Republic since 1999, the longest period of continuous democratic rule since independence-key to the timeline of this book-has not been insulated from the spell of instability. The main argument of this work is that internationally agreed-upon ethical standards embedded in human rights can save Nigeria. This book is a methodologically and theoretically-grounded, seminal discourse on Nigerian foreign relations that spells out the human rights or lack thereof in those relations, including underlying and impinging domestic forces. This work is set around six issues of application embedded in a temple of Nigeria's human rights foreign policy, comprising two steps and four pillars: reconstructed national interest, increased human rights at home, redesigned peacekeeping, reshaped foreign policy machinery, increased bilateralism in foreign relations, and the use of ECOWAS as human rights tool. Although focused on the period since independence, for proper understanding of events from the past that shape the current patterns of politics in the land, this book also embodies a historical background chapter that overviews the pre-colonial and colonial eras.

This book offers a unique insight into the role of human rights lawyers in Chinese law and politics. In her extensive account, Eva Pils shows how these practitioners are important as legal advocates for victims of injustice and how bureaucratic systems of control operate to subdue and marginalise them. The book also discusses how human rights lawyers and the social forces they work for and with challenge the system. In conditions where organised political opposition is prohibited, rights lawyers have begun to articulate and coordinate demands for legal and political change. Drawing on hundreds of anonymised conversations, the book analyses in detail human rights lawyers' legal advocacy in the face of severe institutional limitations and their experiences of repression at the hands of the police and state security apparatus, along with the intellectual, political and moral resources lawyers draw upon to survive and resist. Key concerns include the interaction between the lawyers and their bureaucratic, professional and social environments and the forms and long term political impact of resistance. In addressing these issues, Pils offers a rare evaluative perspective on China's legal and political system, and proposes new ways to assess domestic advocacy's relationship with international human rights and rule of law promotion. This book will be of great interest and use to students and scholars of law, Chinese studies, socio-legal studies, political studies, international relations, and sociology. It is also of direct value to people working in the fields of human rights advocacy, law, politics, international relations, and journalism.

The workplace is a key forum in which the issue of religion and its position in the public sphere is under debate. Desires to observe and express religious beliefs in the workplace can introduce conflict between employees and employers. This book addresses the role the law plays in the resolution of these potential conflicts. The book considers the definition and underlying motives of religious expression, and explores the different ways it may impact the workplace. Andrew Hambler identifies principled responses to workplace religious expression within a liberal state and compares this to the law applying in England and Wales and its interpretation by courts and tribunals. The book determines the extent to which freedom of religious expression for the individual enjoys legal protection in the workplace in England and Wales, and asks whether there is a case for changing the law to strengthen that protection. The book will be of great use and interest to scholars and students of religion and the law, employment law, and religion and human rights.

A literary mixtape of transformative dialogues on justice with a cast of visionary rebel activists, organizers, artists, culture workers, thought leaders, and movement builders. Rebel Speak sounds the alarm for a global movement to end systemic injustice led by people doing the day-to-day rebel work in the prison capital of the world. Prison activist, artist, and scholar Bryonn Rolly Bain brings us transformative oral history ciphers, rooted in the tradition of call-and-response, to lay bare the struggle and sacrifice on the front lines of the fight to abolish the prison industrial complex. Rebel Speak investigates the motives that inspire and sustain movements for visionary change. Sparked by a life-changing interview with working-class heroes Dolores Huerta and Harry Belafonte, Bryonn invites us to join conversations with change-makers whose diverse critical perspectives and firsthand accounts expose the crisis of prisons and policing in our communities. Through dialogues with activists including Albert Woodfox, founder of the first Black Panther Party prison chapter, and Susan Burton, founder of Los Angeles's A New Way of Life Reentry Project; a conversation with a warden pushing beyond traditions at Sing Sing Correctional Facility; and an intimate exchange with his brother returning from prison, Bryonn reveals countless unseen spaces of the movement to end human caging. Sampling his provocative sessions with influential artists and culture workers, like Public Enemy leader Chuck D and radical feminist MC Maya Jupiter, Bryonn opens up and guides discussions about the power of art and activism to build solidarity across disciplines and demand justice. With raw insight and radical introspection, Rebel Speak embodies the growing call for "credible messengers" on prisons, policing, racial justice, abolitionist politics, and transformative organizing. Reimagining the role of the writer and scholar as a DJ and MC, Bryonn moves the crowd with this unforgettable mix of those working within the belly of the beast to change the world. This is a new century's sound of movement-building and Rebel Speak.

'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 Exiled Home, Susan Bibler Coutin recounts the experiences of Salvadoran children who migrated with their families to the United States during the 1980-1992 civil war. Because of their youth and the violence they left behind, as well as their uncertain legal status in the United States, many grew up with distant memories of El Salvador and a profound sense of disjuncture in their adopted homeland. Through interviews in both countries, Coutin examines how they sought to understand and overcome the trauma of war and displacement through such strategies as recording community histories, advocating for undocumented immigrants, forging new relationships with the Salvadoran state, and, for those deported from the United States, reconstructing their lives in El Salvador. In focusing on the case of Salvadoran youth, Coutin's nuanced analysis shows how the violence associated with migration can be countered through practices that recuperate historical memory while also reclaiming national membership.

A clear, concise primer on the EU GDPR The EU General Data Protection Regulation (GDPR) is a key piece of legislation that provides a single, harmonised privacy law for the European Union, improving the promotion and regulation of data privacy. With the Regulation now formally approved by the European Parliament, all companies that operate in Europe have until 26 April 2018 to comply with the new law, or potentially face fines of up to 4% of annual turnover or 20 million. This pocket guide is the perfect introduction for organisations that need to get to grips with the key principles of data privacy and the EU General Data Protection Regulation.

This volume explores the role race and racism played in the Texas redistricting process and the creation and passage of the state's Voter Identification Law in 2011. The author puts forth research techniques designed to uncover racism and racist intentions even in the face of denials by the public policy decision makers involved. In addition to reviewing the redistricting history of the state, this book also provides an analysis of court decisions concerning the Tenth Amendment to the Constitution, the Voting Rights Act, and a thorough discussion of the Shelby County decision. The author brings together scholarly research and the analysis of significant Supreme Court decisions focusing on race to discuss Texas' election policy process. The core of the book centers on two federal court trials where both the state's congressional, house redistricting efforts, and the Voter ID Bill were found to violate the Voting Rights Act. This is the first book that speaks specifically to the effects of electoral politics and Latinos. The author develops new ground in racial political studies calling for movement beyond the 'dual-race' theoretical models that have been used by both the academy and the courts in looking at the effects of race on the public policy process. The author concludes that the historically tense race relations between Anglos and Latinos in Texas unavoidably affected both the redistricting process and the creation and design of the Voter ID Bill.

The Human Rights Act 1998 is criticised for providing a weak protection of human rights. The principle of parliamentary legislative supremacy prevents entrenchment, meaning that courts cannot overturn legislation passed after the Act that contradicts Convention rights. This book investigates this assumption, arguing that the principle of parliamentary legislative supremacy is sufficiently flexible to enable a stronger protection of human rights, which can replicate the effect of entrenchment. Nevertheless, it is argued that the current protection should not be strengthened. If correctly interpreted, the Human Rights Act can facilitate democratic dialogue that enables courts to perform their proper correcting function to protect rights from abuse, whilst enabling the legislature to authoritatively determine contestable issues surrounding the extent to which human rights should be protected alongside other rights, interests and goals of a particular society. This understanding of the Human Rights Act also provides a different justification for the preservation of Dicey's conception of parliamentary sovereignty in the UK Constitution.

In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.