Scales of Memory: Constitutional Justice and Historical Evil, Collings Justin
Автор: Gerhardt Michael J. Название: The Federal Impeachment Process: A Constitutional and Historical Analysis, Third Edition ISBN: 022655483X ISBN-13(EAN): 9780226554839 Издательство: Wiley Рейтинг: Цена: 32730.00 T Наличие на складе: Невозможна поставка. Описание: As President Trump and Congressional Democrats battle over the findings of the Mueller report, talk of impeachment is in the air. But what are the grounds for impeaching a sitting president? Who is subject to impeachment? Is impeachment effective as a safeguard against presidential misconduct? What challenges does today's highly partisan political climate pose to the impeachment process, and what, if any, meaningful alternatives are there for handling presidential misconduct?
For more than twenty years, The Federal Impeachment Process has served as the most complete analysis of the constitutional and legal issues raised in every impeachment proceeding in American history. Impeachment, Michael J. Gerhardt shows, is an inherently political process designed to expose and remedy political crimes--serious breaches of duty or injuries to the Republic. Subject neither to judicial review nor to presidential veto, it is a unique congressional power that involves both political and constitutional considerations, including the gravity of the offense charged, the harm to the constitutional order, and the link between an official's misconduct and duties. For this third edition, Gerhardt updates the book to cover cases since President Clinton, as well as recent scholarly debates. He discusses the issues arising from the possible impeachment of Donald Trump, including whether a sitting president may be investigated, prosecuted, and convicted for criminal misconduct or whether impeachment and conviction in Congress is the only way to sanction a sitting president; what the "Emoluments Clause" means and whether it might provide the basis for the removal of the president; whether gross incompetence may serve as the basis for impeachment; and the extent to which federal conflicts of interest laws apply to the president and other high ranking officials.
Significantly updated, this book will remain the standard work on the federal impeachment process for years to come.
Автор: Jaclyn L Neo, Li-ann Thio Название: Religious Offences in Common Law Asia: Colonial Legacies, Constitutional Rights and Contemporary Practice ISBN: 1509937293 ISBN-13(EAN): 9781509937295 Издательство: Bloomsbury Academic Рейтинг: Цена: 95040.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity.
Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of ‘harm’ that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.
Автор: Asher Flynn, Jacqueline Hodgson Название: Access to Justice and Legal Aid: Comparative Perspectives on Unmet Legal Need ISBN: 1509929819 ISBN-13(EAN): 9781509929818 Издательство: Bloomsbury Academic Рейтинг: Цена: 36950.00 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.
Автор: Wang, Zheng Название: Memory Politics, Identity and Conflict: Historical Memory as a Variable ISBN: 3319873563 ISBN-13(EAN): 9783319873565 Издательство: Springer Рейтинг: Цена: 60550.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book focuses on the methodology of research on historical memory and contributes to theoretical discussions concerning the use of historical memory as a variable to explain political action and social movement.
Автор: Chuanhui Wang Название: The Constitutional Protection of Private Property in China: Historical Evolution and Comparative Research ISBN: 1108721818 ISBN-13(EAN): 9781108721813 Издательство: Cambridge Academ Рейтинг: Цена: 39060.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book analyses the historical development of constitutional doctrines about private property in China. It compares the application of three exact doctrines - public use, just compensation and due procedure - in China, the United States, Germany and India, and predicts future progress and feasible measures for gradual reform in China.
Автор: Caenegem Название: An Historical Introduction to Western Constitutional Law ISBN: 0521476933 ISBN-13(EAN): 9780521476935 Издательство: Cambridge Academ Цена: 70750.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Professor van Caenegem`s new book addresses fundamental questions of constitutional organisation by analysing different models of government through an historical perspective. The narrative focuses on Europe, the United States, and the Soviet Union and discusses constitutional, parliamentary, and federal forms of government.
Автор: Neumann & Thompson Название: Historical Justice And Memory ISBN: 0299304647 ISBN-13(EAN): 9780299304645 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 33400.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Historical Justice and Memory highlights the global movement for historical justice—acknowledging and redressing historic wrongs—as one of the most significant moral and social developments of our times. Such historic wrongs include acts of genocide, slavery, systems of apartheid, the systematic persecution of presumed enemies of the state, colonialism, and the oppression of or discrimination against ethnic or religious minorities.The historical justice movement has inspired the spread of truth and reconciliation processes around the world and has pushed governments to make reparations and apologies for past wrongs. It has changed the public understanding of justice and the role of memory. In this book, leading scholars in philosophy, history, political science, and semiotics offer new essays that discuss and assess these momentous global developments. They evaluate the strength and weaknesses of the movement, its accomplishments and failings, its philosophical assumptions and social preconditions, and its prospects for the future.
Автор: Erind Merkuri Название: Procedural and Organizational Aspects of Constitutional Justice in Albania ISBN: 1536184306 ISBN-13(EAN): 9781536184303 Издательство: Nova Science Рейтинг: Цена: 215410.00 T Наличие на складе: Невозможна поставка. Описание: How do you defend democracy? How do you protect your rights? How can you repeal a law that interferes with your sphere of rights? These are some of the questions that any citizen in a democratic country should know in order to enjoy his/her freedom and rights. Even a small country like Albania is no exception. New and modern Constitutions, aim to regulate the exercise of state power, based on the principle of separation of powers and to the respect for human rights and fundamental freedoms. Despite the fact that this important principle helps to control the activity between different state institutions, the history has shown that this has not always been an efficient solution. So, the world is full of examples where a parliamentary majority, that have come to power through democratic processes, has used its power to control the others power of a country and had violated the human rights and fundamental freedoms. For this reason, the drafters of the constitution after the Second World War in Western Europe and after the fall of communism in Eastern European countries, have established and regulated the creation of the Constitutional Court as an institution which can defend the sphere of the competencies of other institutions with constitutional nature and the protection of human rights and fundamental freedoms. This possibility can only be realized using procedural means, through which the Constitutional Court is put into motion. The purpose of this book is precisely, to analyze these procedural mechanisms with regard to the principles of the constitutional process, the jurisdictions, the admissibility of the applications, the procedural position of the parties, the terms and their calculation, procedural acts and evidence that can be used, as well as, procedural characteristics for each constitutional process. A good knowledge of these principles and rules of procedure helps the different applicants who presented themselves to the Constitutional Court to have higher chances to succeed and to be accepted instead of being dismissing because of procedural deficiencies. This book show all of this aspects in the content of the Albanian experience.
Автор: Daniel M. Brinks, Abby Blass Название: The DNA of Constitutional Justice in Latin America: Politics, Governance, and Judicial Design ISBN: 1316630919 ISBN-13(EAN): 9781316630914 Издательство: Cambridge Academ Рейтинг: Цена: 33790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book traces the development of constitutional courts in Latin America, and develops concepts such as judicial autonomy and authority. It aims to understand the design of judicial institutions and combines qualitative and quantitative evidence to explore the basic purpose of constitutional justice.
This academic work investigates various approaches for deciding on the grant of preliminary injunctions in patent litigation. These can be a highly effective remedy, but a decision to grant a preliminary injunction is taken early in the course of litigation and often under a cloud of uncertainty. If granted too easily or erroneously, preliminary injunctions can have negative consequences on competition and innovation. The author looks at (judicial) standards that have been developed in various national jurisdictions, Legal theory and Law and Economics. The lessons learned here can be of particular relevance for the future Unified Patent Court.
Автор: Ric Simmons Название: Smart Surveillance: How to Interpret the Fourth Amendment in the Twenty-First Century ISBN: 1108728960 ISBN-13(EAN): 9781108728966 Издательство: Cambridge Academ Рейтинг: Цена: 33790.00 T Наличие на складе: Невозможна поставка. Описание: Simmons takes a broad look at the effect of new technologies and privacy, arguing that advances in technology can enhance our privacy and our security at the same time. This book will appeal to academics and students in the field of law, criminology, and political science, and will be of interest to policymakers, judges, lawyers, and lawmakers.
Автор: Ric Simmons Название: Smart Surveillance: How to Interpret the Fourth Amendment in the Twenty-First Century ISBN: 1108483607 ISBN-13(EAN): 9781108483605 Издательство: Cambridge Academ Рейтинг: Цена: 98210.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Simmons takes a broad look at the effect of new technologies and privacy, arguing that advances in technology can enhance our privacy and our security at the same time. This book will appeal to academics and students in the field of law, criminology, and political science, and will be of interest to policymakers, judges, lawyers, and lawmakers.
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