Constitutional Law in Contemporary America, Volume 2: Civil Rights and Liberties, David Schultz, John Vile, Michelle Deardorff
Автор: Belavusau Название: Freedom of Speech ISBN: 0415816025 ISBN-13(EAN): 9780415816021 Издательство: Taylor&Francis Рейтинг: Цена: 153120.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy.
The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) and US-American (persuasive) models for the constitutional debate in Central and Eastern Europe. The study offers an original interpretation of the "European" model of freedom of expression, beyond the mechanisms of the Council of Europe. It encompasses the relevant aspects of EU law (judgments of the Court of Justice and the harmonised EU instruments) as mandatory standards for courts and legislators, including those in transitional countries of Central and Eastern Europe. The book argues for de-criminalisation of historical revisionism and pornography, and illuminates topics such as genocide denial, the rise of Prague and Budapest as Europe's porno-capitals, anti-Semitism and anti-Gypsyism, religious obscurantism and homophobia, virulent Islamophobia, and the glorification of terrorism.
The research methodology in this study combines a descriptive case law assessment (comparative constitutional, public international, and EU law) with a normative critique stemming from post-structuralist scrutiny, rhetoric, postmodern legal movements, legal history, history of ideas, and art criticism.
This book will be of interest to students and scholars of, comparative constitutional law, law and society, human rights and European law as well as political philosophers.
Автор: Se-shauna Wheatle Название: Principled Reasoning in Human Rights Adjudication ISBN: 1782259813 ISBN-13(EAN): 9781782259817 Издательство: Bloomsbury Academic Рейтинг: Цена: 100320.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers a thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work is done by those principles. (Series: Hart Studies in Comparative Public Law, Vol. 15) Subject: Constitutional Law, Comparative Law, Public Law, Human Rights Law]
Автор: Angioletta Sperti Название: Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN: 1782256423 ISBN-13(EAN): 9781782256427 Издательство: Bloomsbury Academic Рейтинг: Цена: 100320.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: 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 homosexual 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 level 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. (Series: Hart Studies in Comparative Public Law, Vol. 14) Subject: Constitutional Law]
Автор: Kochenov Название: EU Citizenship and Federalism ISBN: 1107072700 ISBN-13(EAN): 9781107072701 Издательство: Cambridge Academ Рейтинг: Цена: 110880.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This definitive collection examines the foundational importance of citizenship rights in delimiting the scope of EU legislation. Leading experts in EU constitutional law establish an innovative framework that locates these rights beyond the context of the internal market and free movement, outlining key options for a Europe of the future.
Автор: Ray Название: Engaging with Social Rights ISBN: 1107029457 ISBN-13(EAN): 9781107029453 Издательство: Cambridge Academ Рейтинг: Цена: 116160.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: A new, comprehensive account of the South African Constitutional Court`s social rights decisions that argues that the Court`s procedural enforcement approach has had significant, underappreciated effects in spite of its substantive limits and could make state institutions more responsive to the needs of poor communities.
Автор: Janina Boughey Название: Human Rights and Judicial Review in Australia and Canada: The Newest Despotism? ISBN: 1509907866 ISBN-13(EAN): 9781509907861 Издательство: Bloomsbury Academic Рейтинг: Цена: 126720.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier amongst common law jurisdictions, in having neither a statutory nor a constitutional framework to expressly protect human rights, explaining why Australia alone continues to take an apparently 'formalist, ' 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all of these claims remain just that as there has been limited detailed analysis of the issue, and no detailed comparative analysis of the claims' veracity. This book analyzes in detail administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles, including the rule of law and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights. Revised Dissertation. (Series: Hart Studies in Comparative Public Law, Vol. 16) Subject: Public Law, Human Rights Law, Comparative Law, Administrative Law
Автор: Urbina Название: A Critique of Proportionality and Balancing ISBN: 1107175062 ISBN-13(EAN): 9781107175068 Издательство: Cambridge Academ Рейтинг: Цена: 115110.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The principle of proportionality has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide. This book provides a comprehensive critique of the proportionality principle, and particularly of its most characteristic component, balancing.
Автор: Collins, Ronald K. L. (university Of Washington) Skover, David M. (seattle University) Название: Robotica ISBN: 1108428061 ISBN-13(EAN): 9781108428064 Издательство: Cambridge Academ Рейтинг: Цена: 79200.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In every era of communications technology - whether print, radio, television, or Internet - governments have found ways to control and censor communication. The same will occur with artificial intelligence and robotic expression. This is the first book to develop new First Amendment defenses and justifications for covering and protecting robotic speech.
Автор: Asher Flynn, Jacqueline Hodgson Название: Access to Justice and Legal Aid: Comparative Perspectives on Unmet Legal Need ISBN: 1509900845 ISBN-13(EAN): 9781509900848 Издательство: Bloomsbury Academic Рейтинг: Цена: 89760.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid. Subject: Criminal Law, Public Law, Asylum Law, Refugee Law, Human Rights, Comparative Law]
Название: Parliament and the law ISBN: 1509908714 ISBN-13(EAN): 9781509908714 Издательство: Bloomsbury Academic Рейтинг: Цена: 68640.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This new edition of Parliament and the Law is an edited collection of essays, supported by the UK's Study of Parliament Group, including contributions by leading constitutional lawyers, political scientists, and parliamentary officials. It provides a wide-ranging overview of the ways in which the law applies to, and impacts upon, the UK Parliament, and it considers how recent changes to the UK's constitutional arrangements have affected Parliament as an institution. It includes authoritative discussion of a number of issues of topical concern, such as: the operation of parliamentary privilege; the powers of Parliament's select committees; parliamentary scrutiny; devolution; English Votes for English Laws; Members' conduct; and the governance of both Houses. It also contains chapters on financial scrutiny, parliamentary sovereignty, Parliament and human rights, and the administration of justice. Aimed mainly at legal academics, practitioners, and political scientists, this book will also be of interest to anyone who is curious about the many fascinating ways in which the law interacts with and influences the work, the constitutional status, and the procedural arrangements of the Westminster Parliament. (Series: Hart Studies in Constitutional Law. Vol. 8) Subject: Constitutional & Administrative Law, UK Law, Human Rights Law]
Автор: Greene Alan Название: Permanent States of Emergency and the Rule of Law ISBN: 1509906150 ISBN-13(EAN): 9781509906154 Издательство: Bloomsbury Academic Рейтинг: Цена: 95040.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: "Permanent States of Emergency and the Rule of Law" explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, this book further argues that robust judicial scrutiny and review of these decisions is required in order to ensure that the temporariness of the emergency is a legal question, and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing, the author seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law. Revised Dissertation. (Series: Hart Studies in Security and Justice, Vol. 3) Subject: Constitutional & Administrative Law, Human Rights Law, Comparative Law]
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