Download or read book Searching for the State in British Legal Thought written by Janet McLean and published by . This book was released on 2012 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Janet McLean explores how British legal thought has imagined the state and the public sphere since 1832.
Download or read book Searching for the State in British Legal Thought written by Janet McLean and published by Cambridge University Press. This book was released on 2012-10-04 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Janet McLean explores how the common law has personified the state and how those personifications affect and reflect the state's relationship to bureaucracy, sovereignty and civil society, the development of public law norms, the expansion and contraction of the public sphere with nationalization and privatization, state responsibility and human rights. Treating legal thought as a variety of political thought, she discusses writers such as Austin, Maitland, Dicey, Laski, Robson, Hart, Griffith, Mitchell and Hayek in the context of both legal doctrine and broader intellectual movements.
Download or read book The United Kingdom Constitution written by N. W. Barber and published by Oxford University Press. This book was released on 2021 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an introduction to the United Kingdom's constitution that recognises its historical, political, and legal dimensions. It pays attention to the revival of the constituent territories of the UK. The constitution is shaped by constitutional principles, including state sovereignty, separation of powers, democracy, and subsidiarity.
Download or read book Rage for Order written by Lauren Benton and published by Harvard University Press. This book was released on 2016-10-03 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lauren Benton and Lisa Ford find the origins of international law in empires, especially in the British Empire’s sprawling efforts to refashion the imperial constitution and reorder the world. These attempts touched on all the issues of the early nineteenth century, from slavery to revolution, and changed the way we think about the empire’s legacy.
Download or read book The Max Planck Handbooks in European Public Law written by Sabino Cassese and published by Oxford University Press. This book was released on 2017 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration"--Provided by the publisher.
Download or read book A V Dicey and the Common Law Constitutional Tradition written by Mark D. Walters and published by Cambridge University Press. This book was released on 2020-11-12 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the common law world, Albert Venn Dicey (1835–1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law.
Download or read book Damages and Human Rights written by Jason NE Varuhas and published by Bloomsbury Publishing. This book was released on 2016-05-19 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.
Download or read book The Shapeshifting Crown written by Cris Shore and published by Cambridge University Press. This book was released on 2019-01-24 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Crown stands at the heart of the New Zealand, British, Australian and Canadian constitutions as the ultimate source of legal authority and embodiment of state power. A familiar icon of the Westminster model of government, it is also an enigma. Even constitutional experts struggle to define its attributes and boundaries: who or what is the Crown and how is it embodied? Is it the Queen, the state, the government, a corporation sole or aggregate, a relic of feudal England, a metaphor, or a mask for the operation of executive power? How are its powers exercised? How have the Crowns of different Commonwealth countries developed? The Shapeshifting Crown combines legal and anthropological perspectives to provide novel insights into the Crown's changing nature and its multiple, ambiguous and contradictory meanings. It sheds new light onto the development of the state in postcolonial societies and constitutional monarchy as a cultural system.
Download or read book The Theory Practice and Interpretation of Customary International Law written by Panos Merkouris and published by Cambridge University Press. This book was released on 2022-05-26 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Download or read book Sovereignty and the Law written by Richard Rawlings and published by OUP Oxford. This book was released on 2013-11-14 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic of sovereignty is contentious, and one of enduring interest. In a world of ever increasing economic globalisation, the rise of supranational regulation and the interconnected age of information and communication technology, among many other developments, have challenged the once exclusively held Westphalian model of sovereignty. The distinction between the internal aspect of sovereignty as expressed in terms of ultimate authority in a constitution, and the external aspect involving the relationship between sovereign states has been blurred. This has given rise to contemporary debates that explore the theoretical and practical implications of current challenges to established doctrines. Evidently no book could encompass the entirety of the contemporary debates on sovereignty. This is a book of essays focusing on sovereignty by a team of leading writers contributing domestic, European and international perspectives. The essays have been written at a time of very great testing of the institutional frameworks at every level: domestic, European, international or global. The book illuminates the enduring strength of sovereignty as a foundational concept and the continuing widespread appeal of sovereignty as an idea.
Download or read book Freedom of Religious Organizations written by Jane Calderwood Norton and published by Oxford University Press. This book was released on 2016-08-11 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious freedom is now widely accepted as fundamental to any liberal democracy. It is recognised in domestic, regional, and international human rights instruments and its importance is lauded by philosophers, lawyers, judges, clergy, and even politicians. While it is easy to support religious freedom in the abstract, tensions can arise between the activities of religious organizations and the law that challenge this general commitment to religious freedom. Should religious organizations be permitted to discriminate against women or gay people in their employment practices, when admitting members, or in providing goods and services? Should the courts interfere in these organizations to protect the interests of a disaffected member or to resolve internal property disputes? Should the state allow religious tribunals to determine or advise on family matters? While much has been written about religious individuals and the law, there has been a discernible lack of literature on organizations and the law. Jane Norton fills this gap with The Freedom of Religious Organizations. By exploring potential conflicts between the law and religious organizations, and examining whether the current British response to such conflicts is justified, this book will consider when English law ought to apply to religious organizations and how these conflicts should be dealt with.
Download or read book Constitution Making and Transnational Legal Order written by Gregory Shaffer and published by Cambridge University Press. This book was released on 2019-04-18 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.
Download or read book Legal Sabotage written by Douglas G. Morris and published by Cambridge University Press. This book was released on 2020-08-27 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: A stirring account of the years that the leftist Jewish lawyer Ernst Fraenkel spent in Nazi Germany resisting the regime.
Download or read book Treaty for a Lost City written by C. L. Lim and published by Cambridge University Press. This book was released on 2022-08-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uses declassified archival records to analyse the legal and contemporary circumstances surrounding the 1984 Sino-British Joint Declaration.
Download or read book Global Gender Constitutionalism and Women s Citizenship written by Ruth Rubio-Marin and published by Cambridge University Press. This book was released on 2022-10-06 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers whether and how constitutions have affirmed women's equal citizenship status, from the birth of constitutionalism to the present.
Download or read book The Foundations and Future of Public Law written by Elizabeth Fisher and published by Oxford University Press. This book was released on 2020-01-30 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.
Download or read book Measuring Accountability in Public Governance Regimes written by Ellen Rock and published by Cambridge University Press. This book was released on 2020-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: A framework for the exploration of accountability deficits (gaps) and overloads (overlaps) in the context of public governance regimes.
