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This book explores the effect of the judiciary on the incidence of post-election violence by political actors across Africa and within African countries. It examines how variation in judicial independence can constrain or incentivize election violence among democratizing states. Using case studies and cross-national analysis, the book shows that variation in levels of judicial independence from a non-independent judiciary to a quasi-independent judiciary or from a fully independent judiciary to quasi-independent judiciary increases the likelihood of strategic use of post-election violence by non-state actors. However, the likelihood of post-election violence is significantly reduced in non-independent judiciaries or once countries' judiciaries become fully independent. The author makes the theoretical argument that, within unconsolidated states, non-state actors that view the judiciary as semi-independent are more likely to engage in post-election violence with the purpose of creating political and professional uncertainty in order to influence assertive behaviour from judges in disputed elections. Consequently, the book argues that semi-independent judiciaries or judiciaries that are neither fully controlled by the incumbent nor fully independent from the incumbent can help explain post-election violence among unconsolidated states, all else being equal. This book will be of interest to scholars of election violence, democratic politics, law and politics and African politics.
This comprehensive and innovative volume focuses on the usefulness and relevance of extending the scope of protections already in place for national minorities ('old minorities') to migrant populations ('new minorities') in Europe. Delving into a highly relevant but under-researched issue, the book examines the feasibility of expanding the system of protection for national minorities to migrant groups, as well as considering issues of diversity, security, socio-economic concerns and identity. Taking a multidisciplinary perspective, and combining insights from political science, law, sociology and anthropology, it asks the central question of how far the extension of policies and rights currently specific to national minorities is conceptually meaningful and beneficial to the integration of 'new' minorities. In doing so, it questions the feasibility and appropriateness of extending the scope of the protections already in place for national minorities to other categories of population. This book will be of key interest to scholars, students and practitioners of European Union politics, migration studies, minority studies and more broadly of sociology, international law and human rights.
* Provides an overview of the Supreme Court-its establishment and history, how it functions, how judges are selected, and its importance in setting precedents. * Teaches readers how to read and interpret the actual text of Supreme Court decisions. * Includes useful pedagogy such as learning objectives, key terms and definitions, critical thinking questions, websites for further research, and multimedia resources.
* Provides an overview of the Supreme Court-its establishment and history, how it functions, how judges are selected, and its importance in setting precedents. * Teaches readers how to read and interpret the actual text of Supreme Court decisions. * Includes useful pedagogy such as learning objectives, key terms and definitions, critical thinking questions, websites for further research, and multimedia resources.
This book identifies ways in which Africa can realize its potential to secure a supply of food for affordable and healthy diets through the sustainable use of its own resources. The focus is on investment, cooperation, and policy action. The agenda proposed here is intended to be a long-term one, but one that should be initiated in the short term with concrete actions.
The book studies multilateral population security issues and relevant governance strategies caused by international migration in the countries impacted by China's Belt and Road initiative and their border areas. Buttressed by solid data mining and policy analysis, the title looks into the demographic trends of international migration in China and some Asian Belt and Road countries and stresses the urgency for more effective governance practices. Seeking to address the population security crisis triggered by the Initiative, the authors propose the idea of "multilateral population security governance", grounded in the real-world challenges facing Belt and Road countries while also drawing on experiences of migration governance in western countries. As a new governance model, it calls for cross-border joint action and takes into consideration pertinent factors including economy, politics, culture, religion and commerce. Several case studies and comparative studies are offered in the chapters to illuminate the significance and effect of this cooperative mechanism. The book will be of interest to researchers and government officials interested in non-traditional security, international migration and formal demography as well as topics on population, resources and environment.
This book explores how copyright laws are perceived within street art and graffiti subcultures to examine how artists and writers view certain creative aspects of their own practice. Drawing on ethnographic research and fieldwork, the book gives voice to the main actors of these communities and highlights their feelings and opinions toward issues that are increasingly impacting their everyday life and work. It also touches on related and complementary issues, such as the 'gallerisation' or economic exploitation of these forms of art and the curious similarities between the graffiti and advertising worlds. Unique and comprehensive, Copyright on the Street brings the 'voice from the street' into the debate over the legal and non-legal protection of street art and graffiti.
This book deals with the conception of literary obscenity as found in law and practice and its cultural and social effects. The author's primary concern is the restraint which this conception exercises on serious literature and consequently on intellectual freedom and artistic creation.
Presumption is a remarkably versatile and pervasively useful resource. Firmly grounded in the law of evidence from its origins in classical antiquity, it made its way in the days of medieval scholasticism into the theory and practice of disputation and debate. Subsequently, it extended its reach to play an increasingly significant role in the philosophical theory of knowledge. It has thus come to represent a region where lawyers, debaters, and philosophers can all find some common ground. In Presumption and the Practices of Tentative Cognition, Nicholas Rescher endeavors to show that the process of presumption plays a role of virtually indispensable utility in matters of rational inquiry and communication. The origins of presumption may lie in law, but its future is assured by its service to the theory of information management and the philosophy of science.
Stamp Duty Land Tax ('SDLT') raises some 6 billion per annum - more revenue than inheritance tax and capital gains tax put together. Providing a much-needed, incisive and comprehensive commentary on every aspect of SDLT, this book will appeal to property lawyers, tax specialists, and anyone involved in land transactions. It gives a detailed discussion of the legislation and puts forward suggested interpretations and planning opportunities. The second edition is fully updated and deals with the many changes that have been made since the introduction of SDLT. New chapters provide in-depth coverage of the treatment both of leases and partnerships. Areas of difficulty which arise in practice are dealt with throughout. In addition, the chapter on planning has been revised to take account of new legislation and case law, including the impact of the SDLT disclosure rules.
Impoverishment and Asylum argues that a shift has taken place in recent decades towards construing asylum as primarily a political and/or humanitarian phenomenon, to construing it as primarily an economic phenomenon, and that this shift has had led to the purposeful impoverishment, by the state, of people seeking asylum in the UK. This shift has far-reaching consequences for people seeking asylum, who have been systematically impoverished as part of the effort to strip out any possibility of an economic pull factor leading to more arrivals, but also for those administering their support system, and for civil society organisations and groups who seek to ameliorate the worst effects of the resulting asylum regimes. This book argues that within this context asylum support policies in the UK which are meant to help and protect, in fact do serious harm to their recipients. It argues that the shift from construing asylum seekers as economically, rather than politically, motivated migrants across the West, is part of a much broader set of historical and philosophical worldviews than has previously been articulated. The book offers a rigorously researched and richly theorised analysis drawing on postcolonial and decolonial perspectives in making sense of the purposeful impoverishment by the state of a particular group of people, and why this continues to be tolerated in the fourth richest country in the world.
The Concise Industrial Flow Measurement Handbook: A Definitive Practical Guide covers the complete range of modern flow measuring technologies and represents 40 years of experiential knowledge within a wide variety of industries, and from more than 5000 technicians and engineers who have attended the author's workshops. This book covers all the current technologies in flow measurement, including high accuracy Coriolis, ultrasonic custody transfer, and high accuracy magnetic flowmeters. The book also discusses flow proving and limitations of different proving methods. This volume contains over 300 explanatory drawings and graphs and is presented in a form suitable for both the beginner, with no prior knowledge of the subject, as well as the more advanced specialist. This book is aimed at professionals in the field, including chemical engineers, process engineers, instrumentation and control engineers, and mechanical engineers.
This book examines how Europe-wide issues - such as immigration, cross-national redistribution and further European integration - have reshaped electoral democracy and party competition across Europe. After decades of scholars and commentators bemoaning the limited politicization of the EU nationally, European issues have come to dominate domestic electoral politics. From the Eurozone crisis to the struggle of dealing with growing numbers of migrants and refugees entering Europe, EU-wide issues now occupy a salient part of the domestic political debate. This book examines what drives public opinion towards some of the key Europe-wide issues of the day and how these EU issues shapes electoral behaviour and party competition. It brings together leading scholars from different fields to explore what shapes preferences towards Europe-wide policy issues, how they influence electoral behaviour and party fortunes and what the implications are for the quality of European democracy. Overall, this book deepens our understanding of the state of European democracy domestically in an era in which national and Europe-wide problems and policy solutions are inextricably linked. The chapters in this book were originally published in the Journal of European Public Policy.
What does it mean to be a citizen of a democracy today? This book challenges us to re- evaluate and ultimately reorient our state- based conception of democratic citizenship in order to meaningfully account for the context in which it is lived: a globalised, deeply interconnected, and deeply unjust world. Hobden argues for a new conception of citizenship that is state- based, but globally oriented. The book presents a new account of collective responsibility that includes responsibility for a wider range of collective outcomes. Drawing upon this account, Hobden argues that citizens can be held collectively morally responsible for the acts of their state, both domestically and internationally. The book explores how this conception of citizenship, with its attendant collective responsibility, can speak to citizens of today: those experiencing the costs of inequality and oppression; those living under semi- and newly democratic regimes; and those living as non- citizen residents. It encourages an active citizenship and presents innovative channels of participation, with discussions on civic education in the media and political consumerism. Offering a new lens on citizenship in a global context, this book will be of great interest to scholars and students of political theory, global justice, citizenship, democratic theory, and collective responsibility.
What does it mean to be a citizen of a democracy today? This book challenges us to re- evaluate and ultimately reorient our state- based conception of democratic citizenship in order to meaningfully account for the context in which it is lived: a globalised, deeply interconnected, and deeply unjust world. Hobden argues for a new conception of citizenship that is state- based, but globally oriented. The book presents a new account of collective responsibility that includes responsibility for a wider range of collective outcomes. Drawing upon this account, Hobden argues that citizens can be held collectively morally responsible for the acts of their state, both domestically and internationally. The book explores how this conception of citizenship, with its attendant collective responsibility, can speak to citizens of today: those experiencing the costs of inequality and oppression; those living under semi- and newly democratic regimes; and those living as non- citizen residents. It encourages an active citizenship and presents innovative channels of participation, with discussions on civic education in the media and political consumerism. Offering a new lens on citizenship in a global context, this book will be of great interest to scholars and students of political theory, global justice, citizenship, democratic theory, and collective responsibility.
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of American Civil Liberties. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book’s multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
In the wake of the EU's biggest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe (CEE) for membership in the European Union. In response to the painful past, these new constitutions were notably closed to transfer of powers to international organizations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organization has proved a sensitive and controversial exercise. This book analyses the amendments against the background of comparative experience and theory of sovereignty, as well as the context of political sensitivities, such as rising euroscepticism ahead of accession referendums.
Great Fractured Moments in Courtroom History In America's courtooms, the verdict is laughter.
This 2005 book argues that Europeanization and globalization have led to ever-more intensive legalization at transnational level. What accounts for compliance beyond the nation-state? The authors tackle this question by comparing compliance with regulations that have been formulated in a very similar way at different levels of governance. They test compliance with rules at the national level, at the regional level (EU), and at a global level (WTO), finding that in fact the EU has higher levels of compliance than both international and national rules. The authors argue that this is because the EU has a higher level of legalization, combined with effective monitoring mechanisms and sanctions. In this respect it seems that the European Union has indeed achieved a high level of legalization and compliance, though the authors add that this achievement does not settle the related queries with the legitimacy of transnational governance and law.
In this book one of the longest-standing members of The Venice Commission reflects on the work of the institution to show how constitutional law in Europe (and beyond) has become increasingly borderless. Over nine chapters, the book tracks the work of the Commission, illustrating the law both in action and in its broader political and historical context. It looks at its treatment of the judiciary and judicial conflicts, including the present crisis of the rule of law in Central Eastern Europe Member States of the European Union. Finally it suggests how all this can only be sensibly understood as a feature of the broader trend towards the internationalisation of constitutional law.
The Case for Patents offers an affirmative case for the many economic benefits of the patent system and shows how patents provide incentives for invention, innovation, and technological change. The discussion highlights the many contributions of patents to economic growth and development. The Case for Patents helps restore balance to public policy debates by recognizing the important contributions of the patent system.
In recent years, Republicans and Democrats have drifted toward polarized immigration policy positions, forestalling congressional efforts at comprehensive reform. In this book Gary M. Reich helps explain why some states have enacted punitive policies toward their immigrant populations, while others have stepped up efforts to consider all immigrants as de facto citizens. Reich argues that state policies reflect differing immigrant communities across states. In states where large-scale immigration was a recent phenomenon, immigrants became an electorally-enticing target of restrictionist advocates within the Republican party. Conversely established immigrant communities steadily strengthened their ties to civic organizations and their role in Democratic electoral and legislative politics. Reich contends that these diverging demographic trends at the state level were central to the increasing partisan polarization surrounding immigration nationally. He concludes that immigration federalism at present suffers from an internal contradiction that proliferates conflict across all levels of government. As long as Congress is incapable of addressing the plight of unauthorized immigrants and establishing a consensus on immigration admissions, state policies inevitably expand legal uncertainty and partisan wrangling. The Politics of Immigration Across the United States will appeal to scholars and instructors in the fields of immigration policy, social policy, and state government and politics. The book will also encourage public policy practitioners to reflect critically on their work.
In recent years, Republicans and Democrats have drifted toward polarized immigration policy positions, forestalling congressional efforts at comprehensive reform. In this book Gary M. Reich helps explain why some states have enacted punitive policies toward their immigrant populations, while others have stepped up efforts to consider all immigrants as de facto citizens. Reich argues that state policies reflect differing immigrant communities across states. In states where large-scale immigration was a recent phenomenon, immigrants became an electorally-enticing target of restrictionist advocates within the Republican party. Conversely established immigrant communities steadily strengthened their ties to civic organizations and their role in Democratic electoral and legislative politics. Reich contends that these diverging demographic trends at the state level were central to the increasing partisan polarization surrounding immigration nationally. He concludes that immigration federalism at present suffers from an internal contradiction that proliferates conflict across all levels of government. As long as Congress is incapable of addressing the plight of unauthorized immigrants and establishing a consensus on immigration admissions, state policies inevitably expand legal uncertainty and partisan wrangling. The Politics of Immigration Across the United States will appeal to scholars and instructors in the fields of immigration policy, social policy, and state government and politics. The book will also encourage public policy practitioners to reflect critically on their work.
Born and bred into the tawny magnificence of Africa, Saul would fight to save the vanishing world of his inheritance. Home of the wild elephants and the fiercely independent families of woodcutters, the Knysna forest is under threat from the exploitative greed of the timber merchants, and the ruthless plundering of the ivory hunters. Saul Barnard is a man with a self imposed mission - to halt the wanton destruction. For years he has protected the forest from intruders, finding a strange mystical kinship with the spirit of Old Foot, the indomitable and majestic elephant. Then when the word goes round that Old Foot is on the rampage, Saul is propelled towards a terrible confrontation that will change his future, for ever. |
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