|
Showing 1 - 11 of
11 matches in All Departments
The essays selected for this volume provide a comprehensive
overview of the philosophical, ethical, historical, legal and
practical issues in the diverse field of emergency law. The essays
focus on terrorist attacks and natural disasters and highlight the
roles of a vast variety of actors, such as the military, fire
services, health services, police, volunteers and many more. The
volume reveals legislative trends in emergency law by combining
different national, international and comparative legal
perspectives on a number of different types of emergency
situations. In addition, essays taken from a practitioner
perspective provide insight into civilian and military emergency
management on the ground and the frequently reoccurring legal
challenges. By comparing different national approaches to emergency
law and emergency management, this collection of essays goes beyond
the narrow view of one political system and draws instructive
conclusions relating to the similarities and differences between a
variety of common law and civil law systems and constitutional
set-ups.
This book critically and comparatively examines the responses of
the United Nations and a range of countries to the terror attacks
on September 11, 2001. It assesses the convergence between the
responses of western democracies including the United States, the
United Kingdom, Australia, and Canada with countries with more
experience with terrorism including Egypt, Syria, Israel,
Singapore, and Indonesia. A number of common themes the use of
criminal law and immigration law, the regulation of speech
associated with terrorism, the review of the state's whole of
government counter-terrorism activities, and the development of
national security policies are discussed. The book provides a
critical take on how the United Nations promoted terrorism
financing laws and listing processes and the regulation of speech
associated with terrorism but failed to agree on a definition of
terrorism or the importance of respecting human rights while
combating terrorism. It also assesses the failures of the American
extra-legal approach and departures from criminal justice and the
challenges of transnational cooperation and accountability for
counter-terrorism.
An innovative book that provides fresh insights into the neglected
field of remedies in both international and domestic human rights
law. Providing an overarching two-track theory, it combines
remedies to compensate and prevent irreparable harm to litigants
with a more dialogic approach to systemic remedies. It breaks new
ground by demonstrating how proportionality principles can improve
remedial decision-making and avoid reliance on either strong
discretion or inflexible rules. It draws on the latest
jurisprudence from the European and Inter-American Courts of Human
Rights and domestic courts in Australia, Canada, India, New
Zealand, Hong Kong, South Africa, the United Kingdom and the United
States. Separate chapters are devoted to interim remedies, remedies
for laws that violate human rights, damages, remedies in the
criminal process, declarations and injunctions in institutional
cases, remedies for violations of social and economic rights and
remedies for violations of Indigenous rights.
An innovative book that provides fresh insights into the neglected
field of remedies in both international and domestic human rights
law. Providing an overarching two-track theory, it combines
remedies to compensate and prevent irreparable harm to litigants
with a more dialogic approach to systemic remedies. It breaks new
ground by demonstrating how proportionality principles can improve
remedial decision-making and avoid reliance on either strong
discretion or inflexible rules. It draws on the latest
jurisprudence from the European and Inter-American Courts of Human
Rights and domestic courts in Australia, Canada, India, New
Zealand, Hong Kong, South Africa, the United Kingdom and the United
States. Separate chapters are devoted to interim remedies, remedies
for laws that violate human rights, damages, remedies in the
criminal process, declarations and injunctions in institutional
cases, remedies for violations of social and economic rights and
remedies for violations of Indigenous rights.
Restorative Justice has emerged around the world as a potent
challenge to traditional models of criminal justice, and
restorative programmes, policies and legislative reforms are being
implemented in many western nations. However, the underlying aims,
values and limits of this new paradigm remain somewhat uncertain
and those advocating Restorative Justice have rarely engaged in
systematic debate with those defending more traditional conceptions
of criminal justice. This volume, containing contributions from
scholars of international renown, provides an analytic exploration
of Restorative Justice and its potential advantages and
disadvantages. Chapters of the book examine the aims and limiting
principles that should govern Restorative Justice, its appropriate
scope of application, its social and legal contexts, its practice
and impact in a number of jurisdictions and its relation to more
traditional criminal-justice conceptions. These questions are
addressed by twenty distinguished criminologists and legal scholars
in papers which make up this volume. These contributions will help
clarify the aims that Restorative Justice might reasonably hope to
achieve, the limits that should apply in pursuing these aims, and
how restorative strategies might comport with, or replace, other
penal strategies. Contributors: Andrew Ashworth, Anthony E Bottoms,
John Braithwaite, Kathleen Daly, James Dignan, R A Duff, Carolyn
Hoyle, Barbara Hudson, Leena Kurki, Allison Morris, Kent Roach,
Julian V Roberts, Paul Roberts, Mara Schiff, Joanna Shapland,
Clifford Shearing, Daniel van Ness, Andrew von Hirsch, Lode
Walgrave, Richard Young. 'Discussions of restorative justice as a
complement to or alternate to criminal or retributive justice
remain in their infancy, yet this collection assures that this
critically important discussion moves forward. These
thought-provoking essays on a timely topic need to be read by
people in the punishment business. Summing up: Highly recommended.'
MA Foley, Marywood University, December 2003. 'This book is
essential reading for anybody interested in the development of
restorative justice and the future of criminal justice. Each
contribution is significant and well written.' Gerry Johnstone, in
the Howard Journal of Criminal Justice, February 2004 'One of the
strengths of this collection is the way it places restorative
justice developments in context. In this publication, and the
earlier 'Restorative Justice for Juveniles: Conferencing, Mediation
and Circles', Hart Publishing establishes a reputation for
publishing some of the best, and most thoughtful, material on
restorative justice.' Declan Roche, in the British Journal of
Sociology, January 2004
When Brian Dickson was appointed in 1973, the Supreme Court of
Canada was preoccupied with run-of-the-mill disputes. By the time
he retired as Chief Justice of Canada in 1990, the Court had become
a major national institution, very much in the public eye. The
Court's decisions, reforming large areas of private and public law
under the Charter of Rights, were the subject of intense public
interest and concern.
Brian Dickson played a leading role in this transformation.
Engaging and incisive, "Brian Dickson: A Judge's Journey" traces
Dickson's life from a Depression-era boyhood in Saskatchewan, to
the battlefields of Normandy, the boardrooms of corporate Canada
and high judicial office, and provides an inside look at the work
of the Supreme Court during its most crucial period. Dickson's
journey was an important part of the evolution of the Canadian
judiciary and of Canada itself. Sharpe and Roach have written an
accessible biography of one of Canada's greatest legal figures that
provides new insights into the work of Canada's highest court.
Restorative Justice has emerged around the world as a potent
challenge to traditional models of criminal justice,and restorative
programmes, policies and legislative reforms are being implemented
in many western nations. However, the underlying aims, values and
limits of this new paradigm remain somewhat uncertain and those
advocating Restorative Justice have rarely engaged in systematic
debate with those defending more traditional conceptions of
criminal justice. This volume, containing contributions from
scholars of international renown, provides an analytic exploration
of Restorative Justice and its potential advantages and
disadvantages. Chapters of the book examine the aims and limiting
principles that should govern Restorative Justice, its appropriate
scope of application, its social and legal contexts, its practice
and impact in a number of jurisdictions and its relation to more
traditional criminal-justice conceptions. These questions are
addressed by twenty distinguished criminologists and legal scholars
in papers which make up this volume. These contributions will help
clarify the aims that Restorative Justice might reasonably hope to
achieve, the limits that should apply in pursuing these aims, and
how restorative strategies might comport with, or replace, other
penal strategies. Contributors: Andrew Ashworth, Anthony E Bottoms,
John Braithwaite, Kathleen Daly, James Dignan, R A Duff, Carolyn
Hoyle, Barbara Hudson, Leena Kurki, Allison Morris, Kent Roach,
Julian V Roberts, Paul Roberts, Mara Schiff, Joanna Shapland,
Clifford Shearing, Daniel van Ness, Andrew von Hirsch, Lode
Walgrave, Richard Young.
In August 2016 Colten Boushie, a twenty-two-year-old Cree man from
Red Pheasant First Nation, was fatally shot on a Saskatchewan farm
by white farmer Gerald Stanley. In a trial that bitterly divided
Canadians, Stanley was acquitted of both murder and manslaughter by
a jury in Battleford with no visible Indigenous representation. In
Canadian Justice, Indigenous Injustice Kent Roach critically
reconstructs the Gerald Stanley/Colten Boushie case to examine how
it may be a miscarriage of justice. Roach provides historical,
legal, political, and sociological background to the case including
misunderstandings over crime when Treaty 6 was negotiated, the 1885
hanging of eight Indigenous men at Fort Battleford, the role of the
RCMP, prior litigation over Indigenous underrepresentation on
juries, and the racially charged debate about defence of property,
self-defence, guns, and rural crime. Drawing on both trial
transcripts and research on miscarriages of justice, Roach looks at
jury selection, the controversial "hang fire" defence, how the
credibility and beliefs of Indigenous witnesses were challenged on
the stand, and Gerald Stanley's implicit appeals to self-defence
and defence of property, as well as the decision not to appeal the
acquittal. Concluding his study, Roach asks whether Prime Minister
Justin Trudeau's controversial call to "do better" is possible,
given similar cases since Stanley's, the difficulty of reforming
the jury or the RCMP, and the combination of Indigenous
underrepresentation on juries and overrepresentation among those
victimized and accused of crimes. Canadian Justice, Indigenous
Injustice is a searing account of one case that provides valuable
insight into criminal justice, racism, and the treatment of
Indigenous peoples in Canada.
Terrorism law is as international as it is regionally distinct and
as difficult to define as it is essential to address. Given recent
pressures to harmonize terrorism laws from international
organizations like the United Nations Security Council, the
Financial Action Task Force, and the Council of Europe, this book
presents readers with an up-to-date assessment of terrorism law
across the globe. Covering twenty-two jurisdictions across six
continents, the common framework used for each chapter facilitates
national comparisons of a range of laws including relevant
criminal, administrative, financial, secrecy, and military laws.
Recognizing that similar laws may yield different outcomes when
transplanted into new contexts, priority of place is given to
examples of real-world application. Including a thematic
introduction and conclusion, this book will help to establish
comparative counter-terrorism law as an emerging discipline
crossing the boundaries of domestic and international law.
This book critically and comparatively examines the responses of
the United Nations and a range of countries to the terror attacks
on September 11, 2001. It assesses the convergence between the
responses of western democracies including the United States, the
United Kingdom, Australia, and Canada with countries with more
experience with terrorism including Egypt, Syria, Israel,
Singapore, and Indonesia. A number of common themes the use of
criminal law and immigration law, the regulation of speech
associated with terrorism, the review of the state's whole of
government counter-terrorism activities, and the development of
national security policies are discussed. The book provides a
critical take on how the United Nations promoted terrorism
financing laws and listing processes and the regulation of speech
associated with terrorism but failed to agree on a definition of
terrorism or the importance of respecting human rights while
combating terrorism. It also assesses the failures of the American
extra-legal approach and departures from criminal justice and the
challenges of transnational cooperation and accountability for
counter-terrorism.
|
You may like...
Loot
Nadine Gordimer
Paperback
(2)
R398
R330
Discovery Miles 3 300
Gloria
Sam Smith
CD
R407
Discovery Miles 4 070
|