Download or read book Law in a Complex State written by Neville Harris and published by A&C Black. This book was released on 2014-07-18 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approximately half of the total UK population are in receipt of one or more welfare benefits, giving rise to the largest single area of government expenditure. The law and structures of social security are highly complex, made more so by constant adjustments as government pursues its often conflicting economic, political and social policy objectives. This complexity is highly problematic. It contributes to errors in decision-making and to increased administrative costs and is seen as disempowering for citizens, thereby weakening enjoyment of a key social right. Current and previous administrations have committed to simplifying the benefits system. It is a specific objective of the Welfare Reform Act 2012, which provides for the introduction of Universal Credit in place of diverse benefits. However, it is unclear whether the reformed system will be either less complex legally or more accessible for citizens. This book seeks to explain how and why complexity in the modern welfare system has grown; to identify the different ways in which legal and associated administrative arrangements are classifiable as 'complex'; to discuss the effects of complexity on the system's administration and its wider implications for rights and the citizen-state relationship; and to consider the role that law can play in the simplification of schemes of welfare. While primarily focused on the UK welfare system it also provides analysis of relevant policies and experience in various other states.

Download or read book House of Commons Sessional Returns HC 1 written by Great Britain: Parliament: House of Commons and published by The Stationery Office. This book was released on 2013-09-13 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: On cover and title page: House, committees of the whole House, general committees and select committees. On title page: Returns to orders of the House of Commons dated 14 May 2013 (the Chairman of Ways and Means)

Download or read book Diverse Voices in Public Law written by Se-shauna Wheatle and published by Policy Press. This book was released on 2023-06-27 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking a unique and critical approach to the study of Public Law, this book explores the main topics in UK Public Law from a range of underexplored perspectives and amplifies the voices of scholars who are underrepresented in the field. As such, it represents a much-needed complement to traditional textbooks in Public Law. Including insights from a diverse list of contributors, the book: • Enriches students’ understanding of the dynamics that emerge within public law; • Highlights the impact of historical and societal inequities on public law norms; • Demonstrates the ways in which those norms may impact minorities and perpetuate inequalities. With most chapters written by underrepresented or minoritised persons in the field, this text offers students a critical, rich, and insightful approach to public law.

Download or read book Parliament and the Law written by Alexander Horne and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parliament and the Law (Second Edition) 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, it 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.

Download or read book The Divisive State of Social Policy written by Kelly Bogue and published by Policy Press. This book was released on 2019-09-11 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ‘Bedroom Tax’ has been one of the most contentious aspects of the UK government’s austerity politics. In this book, Kelly Bogue provides an authoritative assessment of its social impacts. The Divisive State of Social Policy traces the links between housing resources and societal tensions by looking closely at one housing estate. The book explores issues related to Housing Benefit reform, including housing precarity, poverty and damage to social networks. This is a vivid picture of the sharp end of austerity politics and welfare reform, and it gets to the heart of the meanings of home and community in the UK today.

Download or read book Social Policies and Social Control written by Malcolm Harrison and published by Policy Press. This book was released on 2015-11-18 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an innovative account of social-control and behaviorist thinking in social policies and welfare systems and the impact it has had on disadvantaged groups. The contributors review how controls have been applied to individuals and households and how these interventions have narrowed social rights. They illuminate the links between social control developments, welfare systems, and the liberalization of economics, and they highlight the negative impact that behaviorist assumptions--and the subsequent strategies that have grown out of them--have had on the disadvantaged. Overall the volume provides a cutting-edge critical engagement with contemporary policy developments.

Download or read book The Judicial Mind written by Brice Dickson and published by Bloomsbury Publishing. This book was released on 2021-11-11 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier. Brian Kerr was appointed as a judge of the High Court of Northern Ireland in 1993. He became the Lord Chief Justice of Northern Ireland in 2004 before being elevated to a peerage and appointed as the last Lord of Appeal in Ordinary in June 2009. Four months later, as Lord Kerr, he moved from the Appellate Committee of the House of Lords to the UK Supreme Court where, after exactly 11 years, he concluded his distinguished judicial career as the longest-serving Justice to date. During his career he established an exceptional reputation for independence of thought, fairness and humanitarianism. Lord Kerr's judicial mind has inspired and influenced a significant number of scholars and jurists throughout the UK and beyond. In this book, his unique brand of jurisprudence is examined alongside a catalogue of broader issues in which he displayed a keen interest during his lifetime. The volume includes topical contributions from a range of legal experts in Britain and Ireland. Lord Kerr's particular interest in public law, human rights law, criminal law, and family law is featured prominently, but so too is the importance of his dissenting judgments, some influential jurisprudence of the Judicial Committee of the Privy Council (where he sat on many occasions), the legacy of his influence on the law and legal system of Northern Ireland and the significance of his place in the historical development of judicial roles and responsibilities more generally.

Download or read book The Housing Benefit Amendment Regulations 2010 S I no 2010 2835 the Rent Officers Housing Benefit Functions Amendment Order 2010 S I no 2010 2836 written by Great Britain: Social Security Advisory Committee and published by The Stationery Office. This book was released on 2010-11-30 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the June 2010 budget, the Government set out a range of proposals aimed at curbing Housing Benefit expenditure that will be introduced between 2011 and 2013. The measures were referred to the Social Security Advisory Committee and this report outlines their recommendations and the Government's response to those recommendations. Principally these included: the removal of the five bedroom Local Housing Allowance rate so the maximum level is for a four bedroom property; the introduction of absolute caps to the Local Housing Allowance; the removal of £15 weekly Housing Benefit excess; include an additional bedroom with the size criteria where there is a proven need for overnight care that is provided by a non-resident carer; and setting Local Housing Allowance rates at the 30th percentile of rents in each Broad Rental Market Area. The Committee raised a number of concerns about the scale and impact of the changes and recommended that the Government should not go ahead with the package of amendments proposed. Among the Committee's recommendations were that the introduction of the CAP be deferred until October 2011; that initially a full Equality Impact Assessment be carried out and that a transition period be incorporated. The Government however feels that the amendments are the first steps in creating a more balanced affordable system and has decided to proceed.

Download or read book Feminist Judgments in International Law written by Loveday Hodson and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of feminist rewriting of key judgments has been one of the most interesting recent developments in legal methodology. This unique enterprise has seen scholars collaborate in the 'real world' task of reassessing jurisprudence in light of feminist perspectives. This important new volume makes a significant contribution to the endeavour, exploring how key judgments in international law might have differed if feminist judges had sat on the bench. This collection asks whether feminist perspectives can offer meaningful and viable alternatives to international law norms; and if so, whether that application results in distinguishable differences in outcomes. It answers these questions with particular reference to sources of international law, the public and private divide, State responsibility, State immunities, treaty law, State sovereignty, human rights protection, global governance, and the concept of violence in international law. This landmark publication offers a truly innovative reassessment of international law. Winner of the 2020 ASIL Certificate of Merit for a Preeminent Contribution to Creative Scholarship.

Download or read book 34th Report of Session 2012 13 written by Great Britain: Parliament: Secondary Legislation Scrutiny Committee and published by The Stationery Office. This book was released on 2013-03-28 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also includes information paragraphs on 8 instruments

Download or read book Critically Examining the Case Against the 1998 Human Rights Act written by Frederick Cowell and published by Routledge. This book was released on 2017-09-13 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its inception in 1998 the Human Rights Act (HRA) has come in for a wide variety of criticism on legal, constitutional, political and cultural grounds. More recently, this criticism escalated significantly as politicians have seriously considered proposals for its abolition. This book examines the main arguments against the HRA and the issues which have led to public hostility against the protection of human rights. The first part of the book looks at the legal structures and constitutional aspects of the case against the HRA, including the criticism that the HRA is undemocratic and is used by judges to subvert the will of parliament. The second part of the book looks at specific issues, such as immigration and terrorism, where cases involving the HRA have triggered broader public concerns about the protection of human rights. The final section of this book looks at some of the structural issues that have generated hostility to the HRA, such as media coverage and the perception of the legal profession. This book aims to unpick the complex climate of hostility that the HRA has faced and examine the social, political and legal forces that continue to inform the case against the HRA.

Download or read book Labour and the Wage written by Zoe Adams and published by Oxford University Press. This book was released on 2020-03-26 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour and the Wage: A Critical Perspective offers a new perspective on why labour law struggles to respond to problems such as low pay and under-inclusive employment. A Marxian-inspired ontological approach sheds new light on the role of labour law in a capitalist economy and on the limitations and potential of labour law when it comes to bringing about social change. It illustrates this through the lens of the wage. The book develops a legal genealogy that explores the shifting portfolio of concepts through which the wage has been conceptualized in legal discourse as capitalism has developed. This exploration spans from the Norman Conquest to the present day, and covers diverse issues such as the decasualization of the docks, sweated labour, the truck system, tax-credits, tips, and minimum wages. Labour and the Wage provides one of the most in-depth and comprehensive analyses of the wage to date, while, at the same time, shedding new light on the contradictory role, or function, of labour law in the context of capitalism.

Download or read book The Human Right to Property written by Douglas Maxwell and published by Bloomsbury Publishing. This book was released on 2022-07-14 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: “This is an excellent work. It is deeply researched, and the analysis of case law will prove very valuable to practitioners and academics seeking a synthesis of the law on an issue”. The Rt. Hon. Lord Justice Green, Judge of the Court of Appeal of England and Wales and Chair of the Law Commission “A valuable contribution to the jurisprudence on Article 1 Protocol No.1 and of much interest to both property and human rights lawyers” Professor Sarah Nield, University of Southampton “The pervasiveness of A1P1 through contemporary property law makes this a serious and comprehensive study. This book masterfully interweaves theory and doctrinal law. It is both timely and necessary for academics and practitioners working in this area.” David Sawtell, 39 Essex Chambers and Cambridge University This book provides a highly detailed, practical analysis of Article 1 of Protocol No.1 (A1P1) and its implications in the United Kingdom. A1P1 prescribes a qualified right to the peaceful enjoyment of 'possessions'. This right corresponds to a negative limit on legislators and public authorities to rationalise interferences with possessions and, where necessary, to strike a fair balance, often requiring just compensation. Through lively and rigorous commentary on the latest advances made by the European Court of Human Rights and domestic courts, The Human Right to Property enriches current understanding of the peaceful enjoyment of property since the enactment of the Human Rights Act 1998. Exploring the theoretical and political foundations of A1P1, the book guides the reader through the relevant case law from the earliest developments in Strasbourg to the present day. The Human Right to Property concludes that the most significant impacts of A1P1 are that it: forces States to justify interferences; limits radical redistributions of property; and casts a wider shadow over legislative choice and public body decision-making.

Download or read book Social Law 4 0 written by Ulrich Becker and published by Nomos Verlag. This book was released on 2020-12-14 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digitalisierung und die damit einhergehenden Veränderungen der Arbeitswelt stellen das Standardmodell der Beschäftigung als Basis von sozialen Sicherungssystemen zunehmend in Frage. Während sich eine wachsende Zahl an Veröffentlichungen mit deren Folgen für das Arbeitsrecht beschäftigen, bleibt bis heute das Sozialrecht weitgehend ausgeblendet. Das Buch schafft Abhilfe. Es beschäftigt sich mit den wichtigsten Herausforderungen für den sozialen Schutz durch Digitalisierung, dem Zugang zu Sicherungssystemen und deren Finanzierung am Beispiel der Plattformarbeit. Es gibt einen Überblick über nationale Lösungsansätze, analysiert dies in vergleichender Perspektive und stellt sie in einen transnationalen Kontext. Das Buch vereint Fallstudien aus Belgien, Italien, dem Vereinigten Königreich, den Niederlanden, Dänemark, Schweden, Spanien, Frankreich und Estland und behandelt die Herausforderungen, die Reformen für eine Standardsetzung auf EU-Ebene, für die Koordinierung innerhalb der EU und für ihr Verhältnis zum Steuerrecht ausgesetzt sind. Es vermittelt damit neue Einsichten, wie ein "Sozialrecht 4.0" aussehen sollte.

Download or read book House of Commons Welsh Affairs Committee The Impact of Changes to Housing Benefit in Wales HC 159 written by Great Britain: Parliament: House of Commons: Welsh Affairs Committee and published by The Stationery Office. This book was released on 2013-10-17 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: The costs of housing benefit currently makes up more than a tenth of the UK Government's expenditure on welfare, with costs forecast to reach £25 billion by 2014-15. The Government's policy on under-occupation came into force in April 2013 and it is estimated that 40,000 tenants in Wales will be affected; representing 46% of working age housing benefit claimants living in the social rented sector. This is the highest proportion of any region in Great Britain. There could therefore be a shortage of one and two bedroom homes in Wales to re-house everyone who wants to downsize. If local authorities are struggling to find alternative smaller accommodation for Government should undertake a speedy review of this policy. It is also increasingly urgent for the Welsh Government to continue with its house-building programme, with a particular focus on the building of smaller sized properties: obviously this is a long-term solution that would require additional resources. If no social housing is available, tenants may need to move to the private rented sector and private rental costs would need to be monitored. The costs of moving disabled households who require adaptations are also a concern. There may be a case for exempting disabled households from the policy. The Government's proposal to pay housing benefit direct to social tenants under Universal Credit may result in some tenants being unable to manage their rent payments. The Committee recommends that the Government provide for housing benefit to be paid direct to the landlords in certain circumstances, for example after a specified period of non-payment

Download or read book Complexity Theory and Law written by Jamie Murray and published by Routledge. This book was released on 2018-07-17 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays explores the different ways the insights from complexity theory can be applied to law. Complexity theory – a variant of systems theory – views law as an emergent, complex, self-organising system comprised of an interactive network of actors and systems that operate with no overall guiding hand, giving rise to complex, collective behaviour in law communications and actions. Addressing such issues as the unpredictability of legal systems, the ability of legal systems to adapt to changes in society, the importance of context, and the nature of law, the essays look to the implications of a complexity theory analysis for the study of public policy and administrative law, international law and human rights, regulatory practices in business and finance, and the practice of law and legal ethics. These are areas where law, which craves certainty, encounters unending, irresolvable complexity. This collection shows the many ways complexity theory thinking can reshape and clarify our understanding of the various problems relating to the theory and practice of law.

Download or read book Unity in Adversity written by Charlotte O'Brien and published by Bloomsbury Publishing. This book was released on 2017-11-30 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'In this important contribution to the analysis and construction of European Union citizenship, Charlotte O'Brien provides her characteristic blend of rigorous legal scholarship and compelling social vision. She identifies challenging questions about the relationship between justice and vulnerability that should concern the shaping of law at all levels of governance.' Professor Niamh Nic Shuibhne, University of Edinburgh 'Piercing the veil of well-known proclamations of “equality” and “non-discrimination”, in this intimate portrait of Union law O'Brien sounds a sobering wake up call. The Union, to the genuine surprise of some converted, is a powerful actor of injustice, failing the vulnerable Europeans at many a turn, blinded by its own proclaimed righteousness and goodness to be aware of the plight of those it lets down. The sooner we dispel the oxymoronic myth of a “market citizen” as a necessary tool of the uniquely benevolent EU internal market project, the sooner the process of healing the Union turning its back on the majority of Europeans can begin. This book is an important part of this beginning.' Professor Dimitry Kochenov, University of Groningen 'Doctrinal mastery. Intellectual rigour. Conceptual depth. Empirical enrichment. O'Brien's landmark text offers its readers all of these qualities. But she also writes with a clarity and honesty of purpose that is an inspiration to her readers. Particularly at a time when certain political actors seek to vilify “expertise”, Unity in Adversity is a testament to the value of independent and critical academic research.' Professor Michael Dougan, University of Liverpool The EU is at a crossroads of constitution and conscience. Unity in Adversity argues that EU market citizenship is incompatible with a pursuit of social justice, because it contributes to the social exclusion of women and children, promotes a class-based conception of rights, and tolerates in-work poverty. The limitations of EU citizenship are clearest when EU nationals engage with national welfare systems, but this experience has been neglected in EU legal research. Unity in Adversity draws upon the ground-breaking EU Rights Project, working first hand with EU nationals in the UK, providing advice and advocacy, and giving ethnographic insight into the process of navigating EU and UK welfare law. Its study of EU law in action is a radical new approach, and the case studies illustrate the political, legal and administrative obstacles to justice faced by EU nationals. Taken together, the strands demonstrate that 'equal treatment' for EU nationals is an illusion. The UK's welfare reforms directed at EU nationals are analysed as a programme of declaratory discrimination, and in light of the subsequent referendum, should be treated as a cautionary tale – both to the EU, to take social justice seriously, and to other Member States, to steer away from xenophobic law-making. Shortlisted for the 2018 BBC Thinking Allowed Award for Ethnography. Winner of the 2019 Hart-SLSA Book Prize.