Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.

Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.

Since 1990, 67 former heads of state or government have been legitimately prosecuted for serious human rights or financial crimes. Many of these leaders were brought to trial in reasonably free and fair judicial processes, and some served time in prison as a result. This book explores the reasons for the meteoric rise in trials of senior leaders and the motivations, public dramas, and intrigues that accompanied efforts to bring them to justice. Drawing on an analysis of the 67 cases, the book examines the emergence of regional trends in Europe and Latin America and contains eight case studies of high-profile trials of former government leaders: Augusto Pinochet (Chile), Alberto Fujimori (Peru), Slobodan Milosevic (former Yugoslavia), Charles Taylor (Liberia and Sierra Leone), and Saddam Hussein (Iraq) studies written by experts who closely followed their cases and their impacts on wider societies. This is the only book that examines the rise in the number of domestic and international trials globally and tells the tales in readable prose and with fascinating details.

From anxiety about Muslim immigrants in Western Europe to concerns about undocumented workers and cross-border security threats in the United States, disputes over immigration have proliferated and intensified in recent years. These debates are among the most contentious facing constitutional democracies, and they show little sign of fading away. Edited and with an introduction by political scientist Rogers M. Smith, Citizenship, Borders, and Human Needs brings together essays by leading international scholars from a wide range of disciplines to explore the economic, cultural, political, and normative aspects of comparative immigration policies. In the first section, contributors go beyond familiar explanations of immigration's economic effects to explore whose needs are truly helped and harmed by current migration patterns. The concerns of receiving countries include but are not limited to their economic interests, and several essays weigh different models of managing cultural identity and conflict in democracies with large immigrant populations. Other essays consider the implications of immigration for politics and citizenship. In many nations, large-scale immigration challenges existing political institutions, which must struggle to foster political inclusion and accommodate changing ways of belonging to the polity. The volume concludes with contrasting reflections on the normative standards that should guide immigration policies in modern constitutional democracies. Citizenship, Borders, and Human Needs develops connections between thoughtful scholarship and public policy, thereby advancing public debate on these complex and divisive issues. Though most attention in the collection is devoted to the dilemmas facing immigrant-receiving countries in the West, the volume also explores policies and outcomes in immigrant-sending countries, as well as the situation of developing nations-such as India-that are net receivers of migrants.

This book does not start from the premise that separate is inherently unequal. Writing from an "anti-subordination perspective," Professor Colker provides a framework for the courts and society to consider what programs or policies are most likely to lead to substantive equality for individuals with disabilities. In some contexts, she argues for more tolerance of disability-specific programs and, in other contexts, she argues for more disability-integrated programs. Her highly practical investigation includes the topics of K-12 education, higher education, employment, voting, and provision of health care. At the end of the book, she applies this perspective to the racial arena, arguing that school districts should be given latitude to implement more use of racial criteria to attain integrated schools because such environments are most likely to help attain substantive equality from an anti-subordination perspective. The book measures the attainment of equality not on the basis of worn-out mantras but instead on the basis of substantive gains.

This book does not start from the premise that separate is inherently unequal. Writing from an "anti-subordination perspective," Professor Colker provides a framework for the courts and society to consider what programs or policies are most likely to lead to substantive equality for individuals with disabilities. In some contexts, she argues for more tolerance of disability-specific programs and, in other contexts, she argues for more disability-integrated programs. Her highly practical investigation includes the topics of K-12 education, higher education, employment, voting, and provision of health care. At the end of the book, she applies this perspective to the racial arena, arguing that school districts should be given latitude to implement more use of racial criteria to attain integrated schools because such environments are most likely to help attain substantive equality from an anti-subordination perspective. The book measures the attainment of equality not on the basis of worn-out mantras but instead on the basis of substantive gains.

In this important book, Michael J. Perry examines three of the most disputed constitutional issues of our time: capital punishment, state laws banning abortion, and state policies denying the benefit of law to same-sex unions. The author, a leading constitutional scholar, explains that if a majority of the justices of the Supreme Court believes that a law violates the Constitution, it does not necessarily follow that the Court should rule that the law is unconstitutional. In cases in which it is argued that a law violates the Constitution, the Supreme Court must decide which of two importantly different questions it should address: is the challenged law unconstitutional? Is the lawmakers' judgment that the challenged law is constitutional a reasonable judgment? Perry not only illuminates moral controversies that implicate one or more constitutionally entrenched human rights, but also the fundamental question of the Supreme Court's proper role in adjudicating such controversies.

Even in an age characterized by increasing virtual presence and communication, speakers still need physical places in which to exercise First Amendment liberties. This book examines the critical intersection of public speech and spatiality. Through a tour of various places on what the author calls the "expressive topography," the book considers a variety of public speech activities including sidewalk counseling at abortion clinics, residential picketing, protesting near funerals, assembling and speaking on college campuses, and participating in public rallies and demonstrations at political conventions and other critical democratic events. This examination of public liberties, or speech out of doors, shows that place can be as important to one's expressive experience as voice, sight, and auditory function. Speakers derive a host of benefits, such as proximity, immediacy, symbolic function, and solidarity, from message placement. Unfortunately, for several decades the ground beneath speakers' feet has been steadily eroding. The causes of this erosion are varied and complex; they include privatization and other loss of public space, legal restrictions on public assembly and expression, methods of policing public speech activity, and general public apathy. To counter these forces and reverse at least some of their effects will require a focused and sustained effort - by public officials, courts, and of course, the people themselves.

What is the legacy of Brown vs. Board of Education? While it is well known for establishing racial equality as a central commitment of American schools, the case also inspired social movements for equality in education across all lines of difference, including language, gender, disability, immigration status, socio-economic status, religion, and sexual orientation. Yet more than a half century after Brown, American schools are more racially separated than before, and educators, parents and policy makers still debate whether the ruling requires all-inclusive classrooms in terms of race, gender, disability, and other differences. In Brown's Wake examines the reverberations of Brown in American schools, including efforts to promote equal opportunities for all kinds of students. School choice, once a strategy for avoiding Brown, has emerged as a tool to promote integration and opportunities, even as charter schools and private school voucher programs enable new forms of self-separation by language, gender, disability, and ethnicity. Martha Minow, Dean of Harvard Law School, argues that the criteria placed on such initiatives carry serious consequences for both the character of American education and civil society itself. Although the original promise of Brown remains more symbolic than effective, Minow demonstrates the power of its vision in the struggles for equal education regardless of students' social identity, not only in the United States but also in many countries around the world. Further, she urges renewed commitment to the project of social integration even while acknowledging the complex obstacles that must be overcome. An elegant and concise overview of Brown and its aftermath, In Brown's Wake explores the broad-ranging and often surprising impact of one of the century's most important Supreme Court decisions.

This book undertakes a specialised analysis of a topic that is highly significant both theoretically and practically. At the theoretical level, it discusses questions that have remained insufficiently answered in the fields of international human rights and institutional law. Notably, it clarifies how international human rights law conditions member states' governance role within international financial institutions and how this role is to be accommodated in the regime of international responsibility. Furthermore, the book's thorough discussion of member states' human rights due diligence duties offers a practical contribution to the understanding of what tools may be used by states to secure their human rights obligations when participating in international financial institutions. Its practical significance also relates to the examination of the various elements that must be demonstrated by an individual wishing to invoke member State responsibility for alleged human rights violations in the context of international financial institution operations.

In much of the citizenship literature it is often considered, if not simply assumed, that citizenship is integral to the character of a self-determining community and that this process, by definition, involves the exclusion of resident 'foreigners'. Dora Kostakopoulou calls this assumption into question, arguing that 'aliens' are by definition outside the bounds of the community by virtue of a circular reasoning which takes for granted the existence of bounded national communities, and that this process of collective self-definition is deeply political and historically dated. Although national citizenship has enjoyed a privileged position in both theory and practice, its remarkable elasticity has reached its limit, thereby making it more important to find an alternative model. Kostakopoulou develops a new institutional framework for anational citizenship, which can be grafted onto the existing state system, defends it against objections and proposes institutional reform based on an innovative approach to citizenship.

In the last decade a new tool has been developed in the global war against official corruption through the introduction of the offense of "illicit enrichment" in almost every multilateral anti-corruption convention. Illicit enrichment is defined in these conventions to include a reverse burden clause which triggers an automatic presumption that any public official found in "possession of inexplicable wealth" must have acquired it illicitly. However, the reversal of the burden of proof clauses raises an important human rights issue because they conflict with the accused individual's right to be presumed innocent. Unfortunately, the recent spate of international legislation against official corruption provides no clear guidelines on how to proceed in balancing the right of the accused to be presumed innocent against the competing right of society to trace and recapture illicitly acquired national wealth. Combating Economic Crimes therefore sets out to address what has been left unanswered by these multilateral conventions, to wit, the level of burden of proof that should be placed on a public official who is accused of illicitly enriching himself from the resources of the State, balanced against the protection of legitimate community interests and expectations for a corruption-free society. The book explores the doctrinal foundations of the right to a presumption of innocence and reviews the basic due process protections afforded to all accused persons in criminal trials by treaty, customary international law, and municipal law. The book then goes on to propose a framework for balancing and 'situationalizing' competing human rights and public interests in situations involving possible official corruption.

The European Convention on Human Rights can now be invoked by 800 million people across 47 member States. It is the most developed and successful system of international legal protection for fundamental human rights in existence. The first two editions of this widely used and highly praised work were designed to address the challenge faced by undergraduate and postgraduate students in comprehending the extensive, complex and lengthy jurisprudence emanating from Strasbourg. This updated edition continues that mission. It provides a selection of the leading jurisprudence, together with commentary, enabling readers to gain a critical and contemporary understanding of the major rights and freedoms guaranteed by the ECHR. Separate chapters are devoted to each of the fundamental rights, providing an in-depth analysis of the rights and freedoms and their limitations. An examination of the background to the creation of the Convention, and the constantly developing system of adjudication and remedies at the European level are also included. Cases, Materials, and Commentary on the European Convention on Human Rights is essential reading for all those wishing to gain a full understanding of this vital and ever-developing area of law.

Banning them, securing us? explores the proscribing - or banning - of terrorist organisations within the United Kingdom across a period of twenty years. The process of banning specific organisations, Jarvis and Legrand argue, is as much a ritualistic performance of liberal democracy as it is a technique for increasing national security from the threat posed by terrorism. Characterised by a repetitive script, an established cast of characters and a predictable outcome, this ritual provides an important contribution to the construction of Britain as a liberal, democratic, moderate space. It does so, paradoxically, through extending the reach of a power that has limited political or judicial oversight and considerable implications for rights, freedoms and political participation. Offering a discursive analysis of all British Parliamentary debates on the banning of terrorist organisations since the introduction of Britain's current proscription regime in 2000, this book provides the first sustained treatment of this counter-terrorism power in the United Kingdom and beyond. -- .

Judicial Reasoning under the UK Human Rights Act is a collection of essays written by leading experts in the field, which examines judicial decision-making under the UK??'s de facto Bill of Rights. The book focuses both on changes in areas of substantive law and the techniques of judicial reasoning adopted to implement the Act. The contributors therefore consider first general Convention and Human Rights Act concepts ??? statutory interpretation, horizontal effect, judicial review, deference, the reception of Strasbourg case-law ??? since they arise across all areas of substantive law. They then proceed to examine, not only the use of such concepts in particular fields of law (privacy, family law, clashing rights, discrimination and criminal procedure), but also the modes of reasoning by which judges seek to bridge the divide between familiar common law and statutory doctrines and those in the Convention.

When the United States entered World War II, Italian nationals living in this country were declared enemy aliens and faced with legal restrictions. Several thousand aliens and a few U.S. citizens were arrested and underwent flawed hearings, and hundreds were interned. Shedding new light on an injustice often overshadowed by the mass confinement of Japanese Americans, Mary Elizabeth Basile Chopas traces how government and military leaders constructed wartime policies affecting Italian residents. Based on new archival research into the alien enemy hearings, this in-depth legal analysis illuminates a process not widely understood. From presumptive guilt in the arrest and internment based on membership in social and political organizations, to hurdles in attaining American citizenship, Chopas uncovers many layers of repression not heretofore revealed in scholarship about the World War II home front. In telling the stories of former internees and persons excluded from military zones as they attempted to resume their lives after the war, Chopas demonstrates the lasting social and cultural effects of government policies on the Italian American community, and addresses the modern problem of identifying threats in a largely loyal and peaceful population.

This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.

The development of human rights norms is one of the most significant achievements in international relations and law since 1945, but the continuing influence of human rights is increasingly being questioned by authoritarian governments, nationalists, and pundits. Unfortunately, the proliferation of new rights, linking rights to other issues such as international crimes or the activities of business, and attempting to address every social problem from a human rights perspective risk undermining their credibility. Rescuing Human Rights calls for understanding 'human rights' as international human rights law and maintaining the distinctions between binding legal obligations on governments and broader issues of ethics, politics, and social change. Resolving complex social problems requires more than simplistic appeals to rights, and adopting a 'radically moderate' approach that recognizes both the potential and the limits of international human rights law, offers the best hope of preserving the principle that we all have rights, simply because we are human.

Policing and Human Rights analyses the implementation of human rights standards, tracing them from the nodal points of their production in Geneva, through the board rooms of national police management and training facilities, to the streets of downtown Johannesburg. This book deals with how the unprecedented influence of human rights, combined with the inability by police officers to live up' to international standards, has created a range of policing and human rights vernaculars -- hybrid discourses that have appropriated, transmogrified and undercut human rights. Understood as an attempt by police officers, as much as by the police as a whole, to recover a position from which to act and to judge, these vernaculars reveal the compromised ways in which human rights are -- and are not -- implemented. Tracing how, in South Africa, human rights have given rise to new forms of popular justice, informal private' policing and provisional security arrangements, Policing and Human Rights delivers an important analysis of how the dissemination and implementation of human rights intersects with the post-colonial and post-transformation circumstances that characterise many countries in the South.

This provocative book offers a probing account of the erosion of privacy in American society, that shows that we are often unwitting, if willing, accomplices, providing personal data in exchange for security or convenience. The author reveals that in today's "information society," the personal data that we make available to virtually any organization for virtually any purpose is apt to surface elsewhere, applied to utterly different purposes. The mass collection and processing of personal information produces such tremendous efficiencies that both the public and private sector feel justified in pushing as far as they can into our private lives. And there is no easy cure. Indeed, there are many cases where privacy invasion is both hurtful to the individual and indispensable to an organization's quest for efficiency. And as long as we willingly accept the pursuit of profit, or the reduction of crime, or cutting government costs as sufficient reason for intensified scrutiny over our lives, then privacy will remain endangered.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
The Blackstone's Guide to the Borders, Citizenship, and Immigration Act 2009 provides an essential tool for understanding the important changes in border control, citizenship, and immigration law found in the Act. The Guide provides a clear explanation of developments in the acquisition of British citizenship by automatic acquisition, naturalization and registration; the introduction of new immigration measures concerning students, children, trafficking, and other matters; and the new customs functions at UK borders and connected supervisory powers. The Guide provides a commentary that puts the new provisions into the context of existing laws, while explaining the significance of the innovations introduced. The constitutional significance of the new measures is considered, together with an emphasis on the implications of the measures for the protection of rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Guide is a clear exposition of the development of the law.
This new Blackstone's Guide combines the full text of the Act with an expert narrative. It brings practitioners up-to-date with this complex piece of legislation. Presented in a straightforward layout, it enables ease of use as a reference source.

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.

The overarching objective of this volume is to discuss and critique the legal regulation of human trafficking in national and transnational context. Specifically, discussion is needed not only with regard to the historical and philosophical points of departure for any criminalisation of trafficking, but also, regarding the societal and social framework, the empirical dimension such as existing statistics in the area, and the need for more data. The book combines descriptive and normative analyses of the crime of trafficking in human beings from a cross-legal perspective. Notwithstanding the enhanced interest for human trafficking in politics, the public and the media, a critical perspective such as the one pursued herewith has so far been largely absent. Against this background, this approach allows for theoretical findings to be addressed by pointing out and elaborating different, interdisciplinary conflicts and inconsistencies in the regulation of human trafficking. The book discusses the phenomenon of human trafficking critically from various angles, giving it 'shape' and showing how it comes to life in the legal regulation.

Written for the XXI FIDE Congress taking place in Dublin in June 2004, this book explores EU policy on migration and asylum, and the manner in which this policy is being implemented at a national level. With national reports from 15 EU member states (both existing and accession states), it is the most wide ranging and comprehensive international survey of this issue to date. Each report was prepared by a national expert and they focus on: ??? the national implementation of existing EU legislation in the field of migration and asylum law; ??? the compatibility of national migration and asylum law and policies with pending EC legislation on asylum procedure, legal status of third country nationals, and definition of refugees; ??? national attitudes to European Commission proposals on the future development of European migration and asylum law; and ??? long term perspectives for EU legislation in the field of migration and asylum law and policy.

This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.