Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the "accommodationist view", which defers to religious requests, and the "analogous" view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.

The research monograph Equal Citizenship and Its Limits in EU Law: We the Burden? is a critical study of the scope of EU citizenship as an 'equal status' of all Member State nationals. The book re-conceptualises the relationship between the status of EU citizenship and EU citizens' fundamental right to equal treatment by asking what indicates the presence of agency in EU law. A thorough analysis of the case-law is used to support the argument that the present view of active citizenship in EU law fails to explain how EU citizens should be treated in relation to one another and what counts as 'related' for the purposes of equal treatment in a transnational context. In addressing these questions, the book responds to the increasing need to find a more substantive theory of justice for the European Union. The book suggests that a more balanced view of agency in the case of EU citizens can be based on the inherent connection between citizens' agency and their subjectivity. This analysis provides an integrated philosophical account of transnational equality by showing that a new source of 'meaningful relationships' for the purposes of equal treatment arises from recognizing and treating EU citizens as full subjects of EU law and European integration. The book makes a significant contribution to the existing scholarship on EU law, first, by demonstrating that the undefined nature of EU citizenship is fundamentally a question about transnational justice and not just about individual rights and, secondly, by introducing a framework within which the current normative indeterminacy of EU citizenship can be overcome.

'Focused content, layout and price - Routledge competes and wins in relation to all of these factors' - Craig Lind, University of Sussex, UK 'The best value and best format books on the market.' - Ed Bates, Southampton University, UK Routledge Student Statutes present all the legislation students need in one easy-to-use volume. Developed in response to feedback from lecturers and students, this book offer a fully up-to-date, comprehensive, and clearly presented collection of legislation - ideal for LLB and GDL course and exam use. Routledge Student Statutes are: * Exam Friendly: un-annotated and conforming to exam regulations * Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation * Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have been developed to meet student needs through extensive market research * Easy to use: a clear text design, comprehensive table of contents, multiple indexes and highlighted amendments to the law make these books the most student-friendly Statutes on the market Competitively Priced: Routledge Student Statutes offer content and usability rated as good or better than our major competitor, but at a more competitive price * Supported by a Companion Website: presenting scenario questions for interpreting Statutes, annotated web links, and multiple-choice questions, these resources are designed to help students to be confident and prepared.

The work at hand for bridging the racial divide in the United States From Baltimore and Ferguson to Flint and Charleston, the dream of a post-racial era in America has run up against the continuing reality of racial antagonism. Current debates about affirmative action, multiculturalism, and racial hate speech reveal persistent uncertainty and ambivalence about the place and meaning of race - and especially the black/white divide - in American culture. They also suggest that the work of racial reconciliation remains incomplete. Racial Reconciliation and the Healing of a Nation seeks to assess where we are in that work, examining sources of continuing racial antagonism among blacks and whites. It also highlights strategies that promise to promote racial reconciliation in the future. Rather than revisit arguments about the importance of integration, assimilation, and reparations, the contributors explore previously unconsidered perspectives on reconciliation between blacks and whites. Chapters connect identity politics, the rhetoric of race and difference, the work of institutions and actors in those institutions, and structural inequities in the lives of blacks and whites to our thinking about tolerance and respect. Going beyond an assessment of the capacity of law to facilitate racial reconciliation, Racial Reconciliation and the Healing of a Nation challenges readers to examine social, political, cultural, and psychological issues that fuel racial antagonism, as well as the factors that might facilitate racial reconciliation.

A follow-up to Claiming Anishinaabe, Gehl v Canada is the story of Lynn Gehl's lifelong journey of survival against the nation-state's constant genocidal assault against her existence. While Canada set up its colonial powers-including the Supreme Court, House of Commons, Senate Chamber, and the Residences of the Prime Minister and Governor General-on her traditional Algonquin territory, usurping the riches and resources of the land, she was pushed to the margins, exiled to a life of poverty in Toronto's inner-city. With only beads in her pocket, Gehl spent her entire life fighting back, and now offers an insider analysis of Indian Act litigation, the narrow remedies the court imposes, and of obfuscating parliamentary discourse, as well as an important critique of the methodology of legal positivism. Drawing on social identity and Indigenous theories, the author presents Disenfranchised Spirit Theory, revealing insights into the identity struggles facing Indigenous Peoples to this day.

"There's no place for the state in the bedrooms of the nation," Pierre Elliott Trudeau told reporters. He was making the case for the most controversial of his proposed reforms to the Criminal Code, those concerning homosexuality, birth control, and abortion. In No Place for the State, contributors offer complex and often contrasting perspectives as they assess how the 1969 Omnibus Bill helped shape sexual and moral politics in Canada. Fifty years later, the origins and legacies of the bill are equivocal and the state still seems interested in sexual regulation. This incisive study explains why that matters.

In this pathbreaking study, Pamela Steiner deconstructs the psychological obstacles that have prevented peaceful settlements to longstanding issues. The book re-examines more than 100 years of destructive ethno-religious relations among Armenians, Turks, and Azerbaijanis through the novel lens of collective trauma. The author argues that a focus on embedded, transgenerational collective trauma is essential to achieving more trusting, productive, and stable relationships in this and similar contexts. The book takes a deep dive into history - analysing the traumatic events, examining and positing how they motivated the actions of key players (both victims and perpetrators), and revealing how profoundly these traumas continue to manifest today among the three peoples, stymying healing and inhibiting achievement of a basis for positive change. The author then proposes a bold new approach to "conflict resolution" as a complement to other perspectives, such as power-based analyses and international human rights. Addressing the psychological core of the conflict, the author argues that a focus on embedded collective trauma is essential in this and similar arenas.

Since 1996, when the deportation laws were hardened, millions of migrants to the U.S., including many long-term legal permanent residents with "green cards," have experienced summary arrest, incarceration without bail, transfer to remote detention facilities, and deportation without counsel-a life-time banishment from what is, in many cases, the only country they have ever known. U.S.-based families and communities face the loss of a worker, neighbor, spouse, parent, or child. Many of the deported are "sentenced home" to a country which they only knew as an infant, whose language they do not speak, or where a family lives in extreme poverty or indebtedness for not yet being able to pay the costs of their previous migration. But what does this actually look like and what are the systems and processes and who are the people who are enforcing deportation policies and practices? The New Deportations Delirium responds to these questions. Taken as a whole, the volume raises consciousness about the complexities of the issues and argues for the interdisciplinary dialogue and response. Over the course of the book, deportation policy is debated by lawyers, judges, social workers, researchers, and clinical and community psychologists as well as educators, researchers, and community activists. The New Deportations Delirium presents a fresh conversation and urges a holistic response to the complex realities facing not only migrants but also the wider U.S. society in which they have sought a better life.

In a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate challenges faced by companies and stakeholders in improving human rights industry-specific human rights standards current mechanisms to hold corporations to account future challenges for business and human rights With supporting case studies throughout, this text provides an overview of current themes in the field and guidance on practical implementation, demonstrating that a thorough understanding of the human rights challenges faced by business is now vital in any business context.

A just international order and a healthy cosmopolitan discipline of law need to include perspectives that take account of the standpoints, interests, concerns and beliefs of non-Western people and traditions. The dominant scholarly and activist discourses about human rights have developed largely without reference to these other viewpoints. Claims about universality sit uneasily with ignorance of other traditions and parochial or ethnocentric tendencies. The object of the book is to make accessible the ideas of four jurists who present distinct 'Southern' perspectives on human rights.

This book examines the legal nature of Islamic states and the human rights they have committed to uphold. It begins with an overview of the political history of Islam, and of Islamic law, focusing primarily on key developments of the first two centuries of Islam. Building on this foundation, the book presents the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions of governance. It then assesses the place of Islamic law in the national legal order of all of today's Islamic states, before proceeding to a comprehensive analysis of those states' adherences to the UN human rights treaties, and finally, a set of international human rights declarations made jointly by Islamic states. Throughout, the focus remains on human rights. Having examined Islamic law first in isolation, then as it reflects into state structures and national constitutional orders, the book provides the background necessary to understand how an Islamic state's treaty commitments reflect into national law. In this endeavour, the book unites three strands of analysis: the compatibility of Sharia with the human rights enunciated in UN treaties; the patterns of adherence of Islamic states with those treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring the international human rights commitments of all Islamic states within a single analytical framework, this book will appeal to international human rights and constitutional scholars with an interest in Islamic law and states. It will also be useful to readers with a general interest in the relationships between Sharia, Islamic states, and internationally recognised human rights.

This book examines the ethical and legal challenges presented by modern techniques of memory retrieval, especially within the context of potential use by the US government in courts of law. Specifically, Marc Blitz discusses the Fourth Amendment's protections against unreasonable searches and the Fifth Amendment's self-incrimination clause. He also argues that we should pay close attention to another constitutional provision that individuals generally don't think of as protecting their privacy: The First Amendment's freedom of speech. First Amendment values also protect our freedom of thought, and this-not simply our privacy-is what is at stake if government engaged in excessive monitoring of our minds.

After the 1994 genocide in Rwanda, victims, perpetrators, and the country as a whole struggled to deal with the legacy of the mass violence. The government responded by creating a new version of a traditional grassroots justice system called gacaca. Bert Ingelaere, based on his observation of two thousand gacaca trials, offers a comprehensive assessment of what these courts set out to do, how they worked, what they achieved, what they did not achieve, and how they affected Rwandan society. Weaving together vivid firsthand recollections, interviews, and trial testimony with systematic analysis, Ingelaere documents how the gacaca shifted over time from confession to accusation, from restoration to retribution. He precisely articulates the importance of popular conceptions of what is true and just. Marked by methodological sophistication, extraordinary evidence, and deep knowledge of Rwanda, this is an authoritative, nuanced, and bittersweet account of one of the most important experiments in transitional justice after mass violence.

Speaking truth to power is about the resurgence of activism in post-apartheid South Africa. A small legal NGO in Johannesburg, the AIDS Law Project (ALP), along with its allies in the Treatment Action Campaign, fought for more than a decade for the rights of people living with HIV/AIDS. Today South Africa has the laws that protect the rights of people living with HIV/AIDS and the largest treatment programme in the world. This would not have happened without dedicated activism and a commitment to social justice. Speaking truth to power tells how people used our constitution and the law in this struggle. The leadership of the ALP was clear as to how they wanted their history to be told. They saw the ALP story as the story of their clients and their cases, which form the milestones in this struggle. So this is a story about ordinary people who in their own way did some extraordinary things at an exceptionally difficult time. They stood up against prejudice and disinformation because they felt strongly about their rights. For some it was discrimination against themselves; for others it was discrimination against their fellow citizens who were vulnerable because they were living with a disease that had no cure and they were often seriously ill, even dying. To add insult to injury the country's president and, for some time, the government denied the scale of the epidemic. People's rights were being violated, but the law gave them a way to reassert them, generating the first resurgence of civil society in post-apartheid South Africa. This book is about the power of people and their courage to speak the truth.

A new edition of a seminal text in Critical Race Theory Since the publication of the third edition of Critical Race Theory: An Introduction in 2017, the United States has experienced a dramatic increase in racially motivated mass shootings and a pandemic that revealed how deeply entrenched medical racism is and how public disasters disproportionately affect minority communities. We have also seen a sharp backlash against Critical Race Theory, and a president who deemed racism a thing of the past while he fanned the flames of racial intolerance and promoted nativist sentiments among his followers. Now more than ever, the racial disparities in all aspects of public life are glaringly obvious. Taking note of all these developments, this fourth edition covers a range of new topics and events and addresses the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and has little use for racial analysis and study. Award-winning authors Richard Delgado and Jean Stefancic also address the rise in legislative efforts to curtail K–12 teaching of racial history. Critical Race Theory, Fourth Edition, is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new readings and questions for discussion aimed at outlining practical steps to achieve this objective.

In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being 'judicial overreach'. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.

Narratives of mixed-race people bringing claims of racial discrimination in court, illuminating traditional understandings of civil rights law As the mixed-race population in the United States grows, public fascination with multiracial identity has promoted the belief that racial mixture will destroy racism. However, multiracial people still face discrimination. Many legal scholars hold that this is distinct from the discrimination faced by people of other races, and traditional civil rights laws built on a strict black/white binary need to be reformed to account for cases of discrimination against those identifying as mixed-race. In Multiracials and Civil Rights, Tanya Kateri Hernandez debunks this idea, and draws on a plethora of court cases to demonstrate that multiracials face the same types of discrimination as other racial groups. Hernandez argues that multiracial people are primarily targeted for discrimination due to their non-whiteness, and shows how the cases highlight the need to support the existing legal structures instead of a new understanding of civil rights law. The legal and political analysis is enriched with Hernandez's own personal narrative as a mixed-race Afro-Latina. Coming at a time when explicit racism is resurfacing, Hernandez's look at multiracial discrimination cases is essential for fortifying the focus of civil rights law on racial privilege and the lingering legacy of bias against non-whites, and has much to teach us about how to move towards a more egalitarian society.

Freedom of Information: A Practical Guide for UK Journalists is written to inform, instruct and inspire journalists on the investigative possibilities offered by the Freedom of Information Act. Covering exactly what the Act is, how to make FOI requests and how to use the Act to hold officials to account, Matt Burgess utilises expert opinions, relevant examples and best practice from journalists and investigators working with the Freedom of Information Act at all levels. The book is brimming with illuminating and relevant examples of the Freedom of Information Act being used by journalists, alongside a range of helpful features, including: * end-of-chapter lists of tips and learning points; * sections addressing the different areas of FOI requests; * text boxes on key thoughts and cases; * interviews with leading contemporary journalists and figures working with FOI requests. Supported by the online FOI Directory (www.foidirectory.co.uk), Freedom of Information: A Practical Guide for UK Journalists is a must read for all those training or working as journalists on this essential tool for investigating, researching and reporting.

Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.