Download or read book Rule of Law and the Challenges Posed by the Pandemic written by Rainer Arnold and published by Springer Nature. This book was released on 2023-11-22 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.
Download or read book Routledge Handbook of Law and the COVID 19 Pandemic written by Joelle Grogan and published by Routledge. This book was released on 2022-05-16 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring effects on the health of political and legal systems, economies and societies. Almost overnight, governments imposed the severest restrictions in modern times on rights and freedoms, elections, parliaments and courts. Legal and political institutions struggled to adapt, creating a catalyst for democratic decline and catastrophic increases in poverty and inequality. This handbook analyses the global pandemic response through five themes: governance and democracy; human rights; the rule of law; science, public trust and decision making; and states of emergency and exception. Containing 12 thematic commentaries and 25 chapters on countries of diverse size, wealth and experience of COVID-19, it represents the combined effort of more than 50 contributors, including leading scholars and rising voices in the fields of constitutional, international, public health, human rights and comparative law, as well as political science, and science and technology studies. Taking stock after the onset of global emergency, this book provides essential analysis for politicians, policy-makers, jurists, civil society organisations, academics, students and practitioners at both national and international level on the best, and most concerning, practices adopted in response to COVID-19 – and key insights into how states and multilateral institutions should reform, adapt and prepare for future emergencies.
Download or read book Pandemic Legalities written by David Cowan and published by Policy Press. This book was released on 2021-07-29 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important text maps out ways in which the disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. Offering an account of the damage, this book demonstrates positive and productive future responses.
Download or read book COVID 19 Law and Regulation written by Belinda Bennett and published by Oxford University Press. This book was released on 2023-01-19 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: COVID-19 is the most severe pandemic the world has experienced in a century. This book analyses major legal and regulatory responses internationally to COVID-19, and the impact the pandemic has had on human rights and freedoms, governance, the obligations of states and individuals, as well the role of the World Health Organization and other international bodies during this time. The authors examine notable legal challenges to public health measures enforced during the pandemic, such as lockdown orders, curfews, and vaccine mandates. Importantly, the book contextualizes the legal analysis by examining the broader social and economic dimensions of risks posed by the pandemic. The book considers how COVID-19 impacted the operation of the criminal justice system, civil litigation concerning negligently caused deaths and business losses arising from contractual breaches, consumer protection litigation, disciplinary regulation of health practitioners, coronial inquests and other investigations of unexpected deaths, and occupational health and safety issues. The book reflects on the role of the law in facilitating the remarkable scientific and epidemiological achievements during the pandemic, but also the challenges of ensuring the swift production and equitable distribution of treatments and vaccines. It concludes by considering the possibilities that the legal and regulatory responses to this pandemic have illuminated for effectively tackling future global health crises.
Download or read book Constitutional Resilience and the COVID 19 Pandemic written by Ebenezer Durojaye and published by Springer Nature. This book was released on 2022-11-17 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the resilience of constitutional government in the wake of the COVID-19 pandemic, connecting and comparing perspectives from ten countries in sub-Saharan Africa to global trends. In emergency situations, such as the COVID-19 pandemic, a state has the right and duty under both international law and domestic constitutional law to take appropriate steps to protect the health and security of its population. Emergency regimes may allow for the suspension or limitation of normal constitutional government and even human rights. Those measures are not a license for authoritarian rule, but they must conform to legal standards of necessity, reasonableness, and proportionality that limit state action in ways appropriate to the maintenance of the rule of law in the context of a public health emergency. Bringing together established and emerging African scholars from ten countries, this book looks at the impact government emergency responses to the pandemic have on the functions of the executive, the legislature, and the judiciary, as well as the protection of human rights. It also considers whether and to what extent government emergency responses were consistent with international human rights law, in particular with the standards of legality, necessity, proportionality, and non-discrimination in the Siracusa Principles.
Download or read book Divided Politics Divided Nation written by Darrell M. West and published by Brookings Institution Press. This book was released on 2019-03-26 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are Americans so angry with each other? The United States is caught in a partisan hyperconflict that divides politicians, communities—and even families. Politicians from the president to state and local office-holders play to strongly-held beliefs and sometimes even pour fuel on the resulting inferno. This polarization has become so intense that many people no longer trust anyone from a differing perspective. Drawing on his personal story of growing up as a fundamentalist Christian on a dairy farm in rural Ohio, then as an academic in the heart of the liberal East Coast establishment, Darrell West analyzes the economic, cultural, and political aspects of polarization. He takes advantage of his experiences inside both conservative and liberal camps to explain the views of each side and offer insights into why each is angry with the other. West argues that societal tensions have metastasized into a dangerous tribalism that seriously threatens U.S. democracy. Unless people can bridge these divisions and forge a new path forward, it will be impossible to work together, maintain a functioning democracy, and solve the country's pressing policy problems.
Download or read book Money and the Rule of Law written by Peter J. Boettke and published by Cambridge University Press. This book was released on 2021-06-03 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary monetary institutions are flawed at a foundational level. The reigning paradigm in monetary policy holds up constrained discretion as the preferred operating framework for central banks. But no matter how smart or well-intentioned are central bankers, discretionary policy contains information and incentive problems that make macroeconomic stability systematically unlikely. Furthermore, central bank discretion implicitly violates the basic jurisprudential norms of liberal democracy. Drawing on a wide body of scholarship, this volume presents a novel argument in favor of embedding monetary institutions into a rule of law framework. The authors argue for general, predictable rules to provide a sturdier foundation for economic growth and prosperity. A rule of law approach to monetary policy would remedy the flaws that resulted in misguided monetary responses to the 2007-8 financial crisis and the COVID-19 pandemic. Understanding the case for true monetary rules is the first step toward creating more stable monetary institutions.
Download or read book Contractual Performance and COVID 19 written by Franz Schwarz and published by Kluwer Law International B.V.. This book was released on 2021-11-25 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London
Download or read book Aftershocks written by Colin Kahl and published by St. Martin's Press. This book was released on 2021-08-24 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two of America's leading national security experts offer a definitive account of the global impact of COVID-19 and the political shock waves it will have on the United States and the world order in the 21st Century. “Informed by history, reporting, and a truly global perspective, this is an indispensable first draft of history and blueprint for how we can move forward.” —Ben Rhodes The COVID-19 pandemic killed millions, infected hundreds of millions, and laid bare the deep vulnerabilities and inequalities of our interconnected world. The accompanying economic crash was the worst since the Great Depression, with the International Monetary Fund estimating that it will cost over $22 trillion in global wealth over the next few years. Over two decades of progress in reducing extreme poverty was erased, just in the space of a few months. Already fragile states in every corner of the globe were further hollowed out. The brewing clash between the United States and China boiled over and the worldwide contest between democracy and authoritarianism deepened. It was a truly global crisis necessitating a collective response—and yet international cooperation almost entirely broke down, with key world leaders hardly on speaking terms. Colin Kahl and Thomas Wright's Aftershocks offers a riveting and comprehensive account of one of the strangest and most consequential years on record. Drawing on interviews with officials from around the world and extensive research, the authors tell the story of how nationalism and major power rivalries constrained the response to the worst pandemic in a century. They demonstrate the myriad ways in which the crisis exposed the limits of the old international order and how the reverberations from COVID-19 will be felt for years to come.
Download or read book Five Rising Democracies written by Ted Piccone and published by Brookings Institution Press. This book was released on 2016-02-23 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shifting power balances in the world are shaking the foundations of the liberal international order and revealing new fault lines at the intersection of human rights and international security. Will these new global trends help or hinder the world's long struggle for human rights and democracy? The answer depends on the role of five rising democracies—India, Brazil, South Africa, Turkey, and Indonesia—as both examples and supporters of liberal ideas and practices. Ted Piccone analyzes the transitions of these five democracies as their stars rise on the international stage. While they offer important and mainly positive examples of the compatibility of political liberties, economic growth, and human development, their foreign policies swing between interest-based strategic autonomy and a principled concern for democratic progress and human rights. In a multipolar world, the fate of the liberal international order depends on how they reconcile these tendencies.
Download or read book Vulnerable written by Colleen M. Flood and published by University of Ottawa Press. This book was released on 2020-07-14 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt: The novel coronavirus SARS-CoV-2, which causes the disease known as COVID-19, has infected people in 212 countries so far and on every continent except Antarctica. Vast changes to our home lives, social interactions, government functioning and relations between countries have swept the world in a few months and are difficult to hold in one’s mind at one time. That is why a collaborative effort such as this edited, multidisciplinary collection is needed. This book confronts the vulnerabilities and interconnectedness made visible by the pandemic and its consequences, along with the legal, ethical and policy responses. These include vulnerabilities for people who have been harmed or will be harmed by the virus directly and those harmed by measures taken to slow its relentless march; vulnerabilities exposed in our institutions, governance and legal structures; and vulnerabilities in other countries and at the global level where persistent injustices harm us all. Hopefully, COVID-19 will forces us to deeply reflect on how we govern and our policy priorities; to focus preparedness, precaution, and recovery to include all, not just some. Published in English with some chapters in French.
Download or read book How to Start a Law Firm written by Darren J. Sylvester and published by The Law Society. This book was released on 2020-10-31 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This friendly and accessible guide is one that you'll want to have on hand at every stage of the journey when starting your own law firm. From initial planning and choosing the right structure, overcoming teething problems, to expansion and beyond, in this book you'll find the practical guidance you need to set up and manage a law firm. Written by experienced practitioners who manage their own firms, How to Start a Law Firm includes guidance and advice on regulations, client care, staffing and managing finances, and new technology including AI. It offers lessons in how to develop the mindset of a business owner and a detailed study of how law firms have responded to the coronavirus pandemic.
Download or read book Australian Public Law written by Gabrielle Appleby and published by Oxford University Press, USA. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces students to key principles, concepts, institutions in Australian Public Law, provides solid foundation for study of constitutional & administrative law. Explained through analysis of mechanisms of power & control, including discussions of functioning of institutions of government & contemporary issues. Authors at Uni of Adelaide.
Download or read book Crisis Narratives in International Law written by Makane Moïse Mbengue and published by BRILL. This book was released on 2021-11-15 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a series of short and highly self-reflective essays by leading international lawyers on the relation between international law and crises. It particularly shows that international law shapes the crises that it addresses as much as it is shaped by them. It critically evaluates the modes of intervention of international law in the problems of the world. Together these essays provide a unique stocktaking about the role, limits, and potential of international law as well as the worlds that are imagined through international lawyers’ vocabularies.
Download or read book The Crisis of Religious Freedom in the Age of COVID 19 Pandemic written by Adelaide Madera and published by . This book was released on 2021-10-29 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the outbreak of the coronavirus global health crisis, state restrictive provisions imposed to restrain or at least limit the spread of the COVID-19 pandemic, have had an overwhelming impact not only on our daily lives but also on the exercise of religious freedom, which has suffered unprecedented restrictions. With the expertise of academics and legal scholars of different jurisdictions, this book analyzes the impact of COVID-19 restrictions on the exercise of religious freedom in different legal contexts and investigates how the pandemic crisis emphasized underlying judicial, political, social, cultural, ethnic, and economic challenges, giving rise to a clash between competing rights and exacerbating the tension between public, religiously neutral policies and claims for religious accommodation. Experts from different legal fields examine distinctive legal responses to the health crisis in terms of restrictions to the exercise of religious freedom, even in a comparative perspective; reactions of religious groups, in terms of opposition or cooperation, and the ability of religious leaders to provide guidance and support to their faith communities; the specific impact of restrictions on some religious communities; and the increase in religious discrimination against disliked faith-communities in specific geographical contexts.
Download or read book State of democracy human rights and the rule of law 2021 written by Council of Europe and published by Council of Europe. This book was released on 2021-05-11 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy is in distress! The Secretary General of the 47-nation Council of Europe, Marija Pejčinović Burić, has highlighted a “clear and worrying degree of democratic backsliding” in her latest annual report on the state of democracy, human rights and the rule of law across the continent. “In many cases, the problems we are seeing predate the coronavirus pandemic but there is no doubt that legitimate actions taken by national authorities in response to Covid-19 have compounded the situation. The danger is that our democratic culture will not fully recover,” said the Secretary General. “Our member states now face a choice. They can continue to permit or facilitate this democratic backsliding or they can work together to reverse this trend, to reinforce and renew European democracy and to create an environment in which human rights and the rule of law flourish. “This is the right option for the 830 million people who live in the Council of Europe area.” Based on the findings of different Council of Europe bodies, including the European Court of Human Rights, the Secretary General’s report assesses recent developments in areas including political institutions and judicial independence, freedom of expression and association, human dignity, anti-discrimination and democratic participation. The report encourages member states to use existing and future Council of Europe mechanisms to address many of the challenges identified, on the basis of the following key principles: - National authorities should return to fundamental democratic principles and recommit to Council of Europe legal standards, including the implementation of judgments from the European Court of Human Rights; - Member states should fully embrace the multilateralism embodied by the Council of Europe for more than 70 years; - Covid-related restrictions and measures must not only be necessary and proportionate, but also limited in duration; - National authorities should embrace democratic culture, recognising where their words, activities or legislation have diminished that culture by reducing civic space, by intimidating or preventing individuals, organisations and NGOs from exercising their freedom of speech or assembly, or by excluding people from participating fully in society.
Download or read book Sceptical Perspectives on the Changing Constitution of the United Kingdom written by Richard Johnson and published by Bloomsbury Publishing. This book was released on 2023-04-20 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the far-reaching changes made to the constitution in the United Kingdom in recent decades. It considers the way these reforms have fragmented power, once held centrally through the Crown-in-Parliament, by means of devolution, referendums, and judicial reform. It examines the reshaping of the balance of power between the executive, legislature, and the way that prerogative powers have been curtailed by statute and judicial ruling. It focuses on the Human Rights Act and the creation of the UK Supreme Court, which emboldened the judiciary to limit executive action and even to challenge Parliament, and argues that many of these symbolised an attempt to shift the 'political' constitution to a 'legal' one. Many virtues have been ascribed to these reforms. To the extent that criticism exists, it is often to argue that these reforms do not go far enough. An elected upper chamber, regional English parliaments, further electoral reform, and a codified constitution are common tonics prescribed by commentators from this point of view. This volume adopts a different approach. It provides a critical evaluation of these far-reaching reforms, drawing from the expertise of highly respected academics and experienced political figures from both the left and right. The book is an invaluable source of academic expertise and practical insights for the interested public, students, policymakers, and journalists, who too often are only exposed to the 'further reform' position.
