Constitution Books

Book SynopsisDavid Boyd shows that recognition of the right to a healthy environment is not only growing, it is having a profound influence on public policy and environmental protection.Trade ReviewWhat sets this book evidently apart from all the existing publications in the field is its empirical approach…in an earlier endorsement for this book’s marketing, I declared that it ‘breaks new ground in terms of approach, content, scope, and methodology and is well worth a place on the bookshelves of anyone who takes environmental rights and governance seriously’. After this recent reassessment of the book, I can only reiterate these sentiments. -- Louis J Kotzé, Professor, North-West University, South Africa * Journal of Human Rights and the Environment, Vol. 4 No. 1 *Boyd’s book forms an indispensable and influential addition to this literature not only due to the strength and comprehensiveness of its comparative legal analysis, but also because of the important empirical questions it seeks to answer as well as raises for future research. Indeed, by conducting the first serious and systematic empirical study of the environmental implications of the right to a healthy environment, Boyd has moved this field beyond the speculative and abstract arguments typical of earlier scholarship...Boyd’s meticulous examination of the legal status of the right to a healthy environment in close to a hundred countries provides powerful evidence of its salience to legal systemsaround the world...The Environmental Rights Revolution forms an important, pioneering effort for understanding the legal influence and broader significance of the right to a healthy environment. As a result, the variety of empirical puzzles and questions that it leaves in its wake should continue to influence research in this field for many years to come. -- Sebastien Jodoin * McGill International Journal of Sustainable Development Law and Policy, Volume 8: Issue 1 *Table of ContentsPart 1: The Emergence and Evolution of a New Human Right1 Constitutions, Human Rights, and the Environment: The Context2 The Right to a Healthy Environment: Framing the Issues3 The Prevalence and Enforceability of Environmental Provisions in National Constitutions4 The Influence of International LawPart 2: The Constitutional Right to a Healthy Environment in Practice5 A Framework for Assessing the Legal Influence of the Right to a Healthy Environment6 Latin America and the Caribbean7 Africa8 Asia9 Eastern Europe10 Western EuropePart 3: Evaluating the Impacts of Environmental Provisions in Constitutions11 Lessons Learned: Practical Experiences with the Right to a Healthy Environment12 Do Environmental Provisions in Constitutions Influence Environmental Performance?13 An Idea Whose Time Has ComeAppendicesAppendix 1. Research MethodsAppendix 2. Online Database: All Current Environmental Provisions from National ConstitutionsNotesReferencesIndex

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Book SynopsisFor the past several centuries of Anglo-American legal thought, law has been paradigmatically understood as the product of the state. The state, operating through the legal and political institutions of its government, imposes law on the people who are its subjects. Over the same centuries, however, the development of international law and constitutional law has made the state itself subject to law. These systems of law for states necessarily work differently. For one thing, law for states must do without a super-state or government standing above the state, capable of creating and enforcing law. For another, the state is a unique kind of legal subject, calling for different behavioral models, moral standards, and regulatory techniques than those developed for ordinary people. It is precisely these differences that have long marked international law as a curious, and in many eyes dubious, form of law.Constitutional law, in contrast, has seldom been subject to the same doubts, or fully

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Book SynopsisAn account of a fundamental change in American legal thought, from a conception of law as something found in nature to one in which law is entirely a human creation.Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer''s toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead.In The Decline of Natural Law, the eminent legal historian Stuart Banner explores the causes and consequences of this change. To do this, Banner discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. He further examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century''s most contested legal issues. And finally, he describes both the profession''s rejection of natural law in the late 19th and early 20th centuries and the ways in which the legal system responded to the absence of natural law.The first book to explain how natural law once worked in the American legal system, The Decline of Natural Law offers a unique look into how and why this major shift in legal thought happened, and focuses, in particular, on the shift from the idea that law is something we find to something we make.Table of ContentsIntroduction Part I: Before the Transition Chapter 1: The Law of Nature Chapter 2: The Common Law Part II: Causes of the Transition Chapter 3: The Adoption of Written Constitutions Chapter 4: The Separation of Law and Religion Chapter 5: The Explosion in Law Publishing Chapter 6: The Two-Sidedness of Natural Law Part III: The Transition and After Chapter 7: The Decline of Natural Law and Custom Chapter 8: Substitutes for Natural Law Chapter 9: Echoes of Natural Law Index

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Book Synopsis'A crucial, riveting polemic in support of one of the most precious things humanity has built - democracy itself' OWEN JONES'Graham Smith shows what fools our rotten constitution makes of us, with a monarch as emblem of a country beset by nepotism, backhanders, chumocracy and inherited privilege. Read and rebel!' POLLY TOYNBEEWe're constantly told the same things about the monarchy:But the monarchy is good for tourism..It isn't! Evidence points to some royal weddings actually having a negative impact on inbound tourism.But the monarchy makes a big difference to charity..Of the approx. 1,200 charities with a royal patron, 74% had no contact with their patron during the preceding year.But everyone loves the monarchy..A January 2023 poll showed support for the monarchy is down 55 percent.It's wrong in principle and it doesn't work in practice. It doesn't have to be this way.They say Britain should be proud to have the mother of parliaments, to be a shining beacon of democracy and an example to other nations. But there's an elephant in the room.At the heart of power is a single family. They weren't elected but they live off the public purse. They aren't accountable to anyone, and yet between them they are privy to more government secrets than many cabinet ministers. Divinely appointed using a special hat, the head of the family is your superior, you his subject. Apparently he is guardian of our constitution - but we're also told he wouldn't dream of interfering in politics.If you accept the monarchy, you must accept the moral compromise that comes with it, from its erosion of the principle of equality to the secret interference in our laws. But the good news is that we don't have to accept it. True democracy is within our reach.Trade ReviewA crucial, riveting polemic in support of one of the most precious things humanity has built - democracy itself. -- Owen Jones, author of The EstablishmentIf ever you thought tradition, tourism, or political stability were good arguments for the Crown, this razor-sharp book knocks that nonsense into a top hat. Erudite Graham Smith shows what fools our rotten constitution makes of us, with a monarch as emblem of a country beset by nepotism, backhanders, chumocracy and inherited privilege. Read and rebel! -- Polly Toynbee, author of An Uneasy InheritanceThis is a very timely reminder of the constitutional absurdity of our taxpayer-funded Royal Family that is at war with itself. Whether you're in favour of abolition or a more slimmed-down monarchy in keeping with modern Britain, Graham Smith puts the case for reform eloquently and forcefully. -- Robert Verkaik, author of Posh BoysThis is the book I have been waiting for. The lack of accountability of the monarchy is disgraceful. The privileges they have are indefensible. Step forward Graham Smith. He is not afraid to speak the truth so many people feel but find difficult to express. Reading this book will give you the confidence to speak up, and to understand that we, the British people, (and I must say, those in the land of my parents), deserve a fairer society. -- Benjamin Zephaniah, author of The Life and Rhymes of Benjamin ZephaniahAbolish the Monarchy confronts readers with some uncomfortable truths... Abolish the Monarchy delivers where much of the press so often fails... our political landscape is richer for protest movements like his - police, take note. * Telegraph *

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Book SynopsisReveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.Trade Review"David Driesen has written an eloquent and powerful account of the Framers' concern about 'tyranny' and their profound commitment to democracy. His careful historical scholarship and deft analysis of doctrine demonstrate clearly the ways that growing presidential power has imperiled this principle. An urgent and compelling read not just for today's crises, but for understanding the basic dynamics of American democracy and its antagonists." -- Aziz Z. Huq * University of Chicago Law School *"A book for our troubled times. Blending history, law, and politics, David Driesen situates the Trump presidency in the alarming global trend toward autocracy and diagnoses what currently ails democracy in America. Richly detailed, highly informative, and deeply contextual, this book is required reading to understand the forces threatening the liberal democratic values of modern constitutionalism." -- Richard Albert * The University of Texas at Austin *"Constitutional drafters often establish semi-autonomous executive institutions to serve as guardrails of democracy. Over the past several decades, conservative lawyers and judges in the U.S. have systematically targeted such bureaucratic independence as inconsistent with the constitutional theory of a 'unitary executive.' Driesen masterfully lays bare the previously underappreciated role played by unitary executive theory in ongoing processes of democratic erosion." -- Thomas M. Keck * Syracuse University *Table of ContentsContents and AbstractsIntroduction: chapter abstractThis chapter explains that this book will analyze excessive presidential power's potential to undermine democracy by exploring democratic decline primarily in Hungary, Turkey, and Poland. It outlines the book's major lesson: the head of state plays a key role in establishing autocracy by establishing unimpeded control over the executive branch in keeping with the American unitary executive theory, often accelerated through use of emergency powers. It outlines the book's argument that the U.S. Supreme Court has augmented executive power in dangerous ways and describes its principal recommendations for taking the potential for autocracy into account in adjudicating separation-of-powers cases. It summarizes each chapter's contribution to this argument. 1Avoiding Tyranny at the Founding chapter abstractThis chapter establishes that the Founders of this nation shared a goal of avoiding a future drive to autocracy and suggests that this intention should guide the Supreme Court's treatment of presidential power. It explains the controversy over whether the Founders embraced the unitary executive theory and shows that they did not expressly grant emergency powers to the President in the Constitution. It introduces the concept of original intent and explains that it increasingly influences judges and constitutional scholarship, making this chapter's treatment of the creation of the Constitution important to establishing room to take lessons from democracy loss abroad into account in adjudication of separation of powers disputes. 2The Rise of Presidential Power chapter abstractThis chapter provides an account of the rise of presidential power from the Founding through the late twentieth century. It explores the historical roots of the fear that presidential control over the executive branch of government and the growth of presidential emergency powers would undermine democracy and the rule of law. It canvasses the controversies (judicial and political) over presidential removal of federal officials from office (which the unitary executive theory insists must be free from restriction), from Andrew Jackson's effort to circumvent legislation creating the National Bank to Richard Nixon's attempt to thwart investigation of crimes undertaken to tilt the electoral playing field. It explains how congressional delegation of authority has enhanced the President's power over time. It also shows that the Supreme Court imposed constraints on emergency powers throughout this period, recognizing this presidential power as dangerous to democracy. 3Declining to Adjudicate Claims Against the President chapter abstractThis chapter explains that the courts have augmented presidential power by frequently refusing to adjudicate claims that the President has exceeded his constitutional authority. It explains the key justiciability doctrines that the courts have used to shield Presidents from allegations of misconduct—standing, ripeness, and the political question doctrine. It establishes that the courts have applied these doctrines quite strictly, and sometimes grossly distorted them, to shield allegations of presidential usurpation of power from judicial scrutiny. At the same time, it has been quite liberal in entertaining challenges to congressional efforts to check and balance the executive branch. It shows that the courts' refusal to entertain challenges to unilateral presidential wars has aided the transfer of the war power from Congress to the President. 4Implied Presidential and Congressional Power chapter abstractThis chapter explains that the modern Supreme Court has generously granted the President extensive implied powers at the expense of Congress, while declining to apply the implied-powers doctrine to sustain efforts by Congress to check the executive branch. It shows that the Court's implied-powers jurisprudence has not only expanded the President's foreign affairs power, but also eroded checks and balances domestically. It emphasizes the role of the unitary executive theory and the legislative veto in undermining checks on emergency powers and undermining of the rule of law. This chapter fills a gap in the literature by defining the concept of implied power. It shows that propresidential bias in the Court's treatment of constitutional custom, means/ends reasoning, and congressional intent helps explain the asymmetric results of the Court's implied-power jurisprudence. 5The Specter of Dictatorship: Poland, Hungary and Turkey chapter abstractThis chapter, the heart of the book, examines the role of executive power in undermining democracy in Poland, Hungary, and Turkey. In all three cases, creation of centralized control over the executive branch of government paved the way for autocracy, leading to politicized use of prosecution to undermine political opponents, shrinking of the media available to dissenters, and tilting the electoral playing field. This analysis focuses primarily on centralization of control over prosecution, media authorities, and electoral commissions. In Hungary and Turkey, abuse of emergency powers accelerated the establishment of autocracy. These countries' autocrats eroded democracy with the support of a political party enjoying the support of at least a substantial minority of voters. Party members in Parliament helped destroy democracy by voting in lockstep fashion to support "reforms" undermining independent agencies and prosecutorial independence. 6Parallels to America's Democratic Erosion chapter abstractThis chapter examines the extent to which America's democratic erosion mirrors that of Hungary, Turkey, and Poland. It explains that acceptance of the unitary executive theory has significantly undermined the rule of law, just as centralization of power has in the case studies. It analyzes the extent to which we have emulated the autocracies in tilting the electoral playing field and undermining independent media. It explains that partisan division has led to a breakdown of deliberative democracy very similar to that seen Chapter 5's case studies. It also analyzes our vulnerability to judicial capture and abuse of the war power. It argues that judges lack the capacity to predict the extent of democratic decline, given its complexity and the role of unpredictable shocks in stimulating autocracy, but that we have serious long-term vulnerabilities. 7Judicial Treatment of Presidential Power in an Age of Democratic Decline chapter abstractThis chapter discusses the factors that should influence the courts' separation-of-powers cases. Generally, it counsels judges to give more weight to the possibility of democratic decline than to potential policy mistakes, and to allow for the possibility of presidential bad faith. It shows that national security means protecting the American People's control over the government, not just preventing of physical attacks. It suggests rejecting or limiting the reach of the unitary executive theory, bolstering presidential legal accountability, and relying less on justiciability doctrines to shield presidential actions from judicial review. It also analyzes the role of judicial decision making in protecting and restoring democracy, showing that judicial decisions can aid political forces seeking to preserve or revive an ailing democracy. Conclusion: chapter abstractThis chapter briefly recapitulates the book's lessons. It affirms that the judiciary can and should contribute to democracy protection by considering the possibility of presidential bad faith in making decisions, since the presidency, not the judiciary, constitutes the principal threat to democracy. It calls for the judiciary to reject or at least limit the unitary executive theory, to think of national security in terms of preserving popular sovereignty, and to relax justiciability barriers to adjudicating challenges to excessive presidential power. It argues that the tendency to think of autocracy as a product of a coup, instead of as the product of gradual democratic decline, can blind us to the possibility of autocracy in America, but that signs of serious democratic decline abound. It suggests that judges need to take the possibility of losing a democracy as seriously as the founders of this country did.

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Book SynopsisThe modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law capitalism, colonialism, and heteropatriarchy alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the exTrade ReviewThis is an important edited volume framed by the groundbreaking theoretical work of Professor Boaventura de Sousa Santos. This scholarship has set aside a singular focus on the Eurocentric view of the law and developed in its place an 'epistemology of the South,' based upon the knowledges of those excluded, appropriated, and subject to the violence of the state. The goal of this project is to expand our political imagination to allow for the emergence of alternative forms of politics in oppressed communities. The book makes available the important findings of a collaborative research project on struggles for social justice in the global South. It is based upon a cutting-edge theoretical framework which explores the potential for constitutional change outside of a state-centric approach. The volume provides essential reading for those working in the area of comparative constitutionalism and will stimulate new research and thinking for the next generation of scholars in the field. – Kristin Bumiller, Amherst CollegeThis is an important and very useful contribution to the connected subjects of democracies, social justice and political activism, human rights, law and legal orders, and power and economies across societies. It moves beyond the surface of introduction and explanation of abyssal thinking to a range of post-abyssal possibilities and applications across multiple geographies and peoples with different questions. All the authors take up the challenges of decolonization, decommodification, and ‘depatriarchalization’, and all of the authors ground their writing in the experiences and realities of peoples around the globe. Abyssal thinking proves to be a critical lens in the subject instances of each chapter, and the reader will be able to see how abyssal thinking may be extrapolated to other issues and circumstances. I think this is an outstanding book and I am excited by its publication and availability. – Val Napoleon, University of British ColumbiaStudying constitutions (and other topics) from the perspective of the global South is important and the Epistemologies of the South have been ignored for too long. Its discussion of indigenous voices, especially indigenous women, and indigenous justice is one of the most important contributions of the book. This book adds a vitally important, yet often ignored, dimension to scholarship. It is not only timely but long overdue. – Sumudu Atapattu, University of WisconsinTable of ContentsTable of Contents: Boaventura de Sousa Santos; Sara Araújo; Orlando Aragón Andrade Preface Boaventura de Sousa Santos; Sara Araújo; Orlando Aragón Andrade Introduction Part 1. The vast landscape of constitutionalisms 1. Issa G. Shivji Do Constitutions Matter? The dilemma of a radical lawyer 2. Asifa Quraishi-Landes Healing a wounded Islamic constitutionalism: Sharia, legal pluralism, and unlearning the nation-State paradigm 3. Upendra Baxi Nihilisms, contradictions and anomie in new constitutionalisms: a view from India 4. Rosalva Aída Hernandez Towards a New Transformative Constitutionalism Arising from Indigenous Women? 5. Sara Araújo Modern Constitutionalism, Legal Pluralism and the Waste of Experience Part 2. Post-colonial Transitions: the case of South Africa 6. Heinz Klug Legacies and Latitudes: Past, present and future in South Africa’s post-colonial legal order 7. Albie Sachs Superior courts and the need of transformative jurisprudence. Shared experiences from a South African judge 8. Tshepo Madlingozi On Settler Colonialism and Post-Conquest Constitutionness: The Decolonising Constitutional Vision of African Nationalists of Azania/South Africa Part 3. The return of the abyssally excluded?: The indigenous constitutional struggles in Latin America 9. Salvador Schavelzon Can silence be a constituent? A reading on the indigenous-communitarian constitutionalism of Bolivia 10. Raúl Llasag Fernández Plurinational Constitutionalism: Plurinationality from Above and Plurinationality from Below 11. Nina Pacari Transformational constitutionalism, interculturality and the reform of the state: looking through the eyes of the originary peoples 12. Agustin Grijalva Participation and Presidentialism in the Ecuadorian Constitution of 2008 13. Orlando Aragón Andrade Transforming Transformative Constitutionalism. Lessons from the Political-Legal Experience of Cherán, Mexico 14. Boaventura de Sousa Santos The Law of the Excluded: Indigenous Justice, Plurinationality, and Interculturality in Bolivia and Ecuador Boaventura de Sousa Santos; Sara Araújo, Orlando Aragón Andrade Conclusion

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Book SynopsisTrade ReviewWell-written, encyclopedic, and persuasive, Virtual Searches offers a fully-formed theory on the Fourth Amendment’s future in the face of new technologies. The rigor and depth of Slobogin’s analysis is rock solid and he offers a clear approach to regulating the hardest questions emerging around new policing technologies. -- Andrew Guthrie Ferguson, author of The Rise of Big Data Policing: Surveillance, Race, and the Future of Law EnforcementCutting-edge and well-written, this is an important book on a critical issue in policing and surveillance, and it presents a number of original ideas that will assist academics and policymakers in navigating these issues. I have never seen any other scholar offer such a comprehensive typology for different types of digital surveillance. -- Ric Simmons, Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz College of Law, The Ohio State UniversityIn a world of pervasive cameras and sensors, data harvesting, and artificial intelligence, what will become of privacy? Steering a middle course between outright bans and hands-off complacency, Christopher Slobogin argues persuasively that different investigative strategies pose different levels of risks and deserve different kinds of oversight. He offers an invaluable road map to new forms of surveillance and a thoughtful set of proposals for how they can and should be regulated in a democratic society. This is essential reading for anyone interested in balancing the interests of privacy and crime control as technology changes the nature of law enforcement. -- David Alan Sklansky, author of A Pattern of Violence: How the Law Classifies Crimes and What It Means for Justice"A leading scholar of the security and privacy implications of digital policing, Slobogin points out that Virtual Searches is not actually about searches—at least not within the legal meaning of the term. And that is exactly the book’s point (as its clever double-entendre of a title suggests): the Supreme Court’s narrow interpretation of a Fourth Amendment 'search' allows police to adopt a vast swath of investigative tactics without having to get a warrant based on probable cause. At the same time, Slobogin recognizes that not all 'virtual searches' are created equal, and he provides a reasonable framework for thinking about how to regulate the different kinds of investigations enabled by existing surveillance technology." -- Emily Berman * Boston Review *

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Book SynopsisConstitutional orders constitute political communities – and international orders deriving from them – by managing conflicts that threaten peace. This book explores how a European political community can be advanced through EU constitutional law. The constitutional role of the Union is to ensure peace by addressing two types of conflict. The first are static conflicts of interests between the national polities in the EU. These are avoided by ensuring reciprocal non-interference between Member States in the Union through deregulation in Union law. The second are dynamic conflicts of ideas about positive liberty held by the peoples of Europe. These can be resolved through regulation in a European political space. Here, EU law enables a continuous process of re-negotiating a shared European idea of positive liberty that can be accepted as its own by each national polity in the EU. These solutions to the two types of conflicts correspond to the liberal and republican models for Europe. The claim of this book is that the constitutional design of Europe presents both liberal and republican features. Taking an innovative approach, which draws on arguments from substantive law, constitutional theory, case law analysis, insights from psychology and philosophy, it identifies how best to strengthen the Union through constitutional law.Trade ReviewBy providing a thorough and sharp analysis of the roots of the EU constitutional design, this book elucidates Europe’s crises of governance as very few have done in the past. It is a major contribution to our understanding of the increasingly complex EU machinery. -- Massimo Fichera * Common Market Law Review *Table of ContentsIntroduction 1. Europe in Crises 2. Policy Choices and Constitutional Choices 3. What’s In a Policy? 4. Argument Overview 1. Liberty in the Constitutional Construct of Europe 1. The Constitutional Soul of Europe 2. Legitimacy of the Union and the Paradox of Polity 3. Capturing the Paradox: Voice, Exit and Loyalty 4. The Three Aspects of Liberty 5. Europe’s Love Triangle 6. Europe as a Liberty-Preserving Construct 7. Constitutive Elements of EU Constitutional Order 2. A Union of Polities: Negative Liberty 1. The Nature of Europe’s Union: Non-Interference Between National Polities 2. Non-Interference vs Positive Liberty in EC External Agreements 3. The Boundaries of Europe’s Union: Reciprocity of Commitment 4. Constitutional Dilemma of Internal over External 5. Non-Interference between Member States Prevails over External Positive Liberty 6. The Rights–Admission Dichotomy to Balance Negative and Positive Liberty 7. Integration Through Law or Integration Through Politics? 3. A Political Union: Positive Liberty 1. A New Solution for an Old Problem 2. Emancipation of Politics and the European Political Space 3. Emergence of a European Political Process 4. Constitutional Elements of Post-Lisbon Law 5. Pluralism Under Union Law 4. Conflict in Union Law 1. Conflict as the Object of Union Law 2. Legitimacy of Policy Choices 3. Deciding Who Decides (in) Union Law 4. Demise of the Vertical Balance of Powers 5. From Balance of Powers to Balance of Polities 5. The EU Court and Liberty from Dependence 1. The Triumph of Positive Liberty 2. Liberal Review of a Republican Policy 3. Domination of Mutual Trust and the Faux Virtue of Solidarity 4. The Invisible Liberty 6. Conclusion: Union Law as the Pacifier of Conflicts

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Book SynopsisConstitutionalism is in crisis. And the crisis unfolds not only on a national or a regional level. It is a global phenomenon: Democracy is no longer on the rise, the Rule of Law appears weakened, political cohesion seems to erode. Human Rights Protection finds itself questioned, International Criminal Law struggles for broad recognition, international trade may have lost some of its appeal. Institutional actors find their authority questioned, established political parties are threatened by ever-changing popular movements. But where to does the charted road lead? How will the “Crisis of Constitutionalism” unfold in the years to come? Nobody knows, of course. But at the same time: Nobody is too keen to make an educated guess either. This volume remedies that. By giving nine eminent scholars in law and political science the opportunity to make their predictions, where the constitutionalist project will stand ten years from now, it creates a forum of deliberation that will not only aim at anticipating the developments in question but at the same time shape academic discourse on constitutionalism alongside it.Table of ContentsIntroduction: Constitutionalism 2030: A Prediction Christopher Bezemek (University of Graz, Austria) PART ONE ASPECTS 1. Democracy in 2030 Matthias Klatt (University of Graz, Austria) 2. The Rule of Law in 2030 Yaniv Roznai (Radzyner School of Law, Interdisciplinary Center (IDC) Herzliya, Israel) 3. Federalism in 2030 Bilyana Petkova (University of Graz, Austria) PART TWO AREAS 4. International Human Rights in 2030 Andreas T Müller (University of Innsbruck, Austria) 5. International Criminal Law in 2030 Stefanie Bock (University of Marburg, Germany) 6. Global Trade in 2030 Antonios Kouroutakis (University of Madrid, Spain) PART THREE ACTORS 7. Institutions in 2030 Stefanie Egidy (Max Planck Institute for Research of Collective Goods, Germany) 8. Political Parties in 2030 Paulina Starski (University of Freiburg, Germany) 9. Popular Movements in 2030 Tomas Dumbrovsky (Charles University, Czech Republic; Doha Institute for Graduate Studies, Qatar)

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Book SynopsisEvery day, police deception tactics fool millions of Americans into giving evidence they don’t have to give, leading to their arrest and conviction in court because they don’t know when and how to take advantage of their absolute constitutional right to remain silent. By the time they hear the Miranda warning, they have already voluntarily given up the evidence the police need to make an arrest by answering questions and taking sobriety tests, and in many cases, they’ve already guaranteed they’ll lose in court. A Toast to Silence focuses on the right time before the Miranda warning to remain silent and not take tests and on the exact word-for-word lies the police cleverly disguise as truths to make people give up evidence—and shows you exactly when and how to use the power of silence to overcome these deceptive tactics for success in court.Table of ContentsPreface PART 1 The Culture of Deception PART II The Great American Con Job PART III A Nation of Talkaholics Who Lose in Court PART IV Leveling the Playing Field Summation About the Author

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Book SynopsisA searing manifesto for troubled times in India.“India is improbable. By any measure of logic or reason, it should not be. Not in this form. And yet it is.” With this provocation, Justice Gautam Patel of the Bombay High Court sketches the exoskeleton of this improbability—the “Constitutional” idea of India. Justice Patel argues that the devolution of power is necessary for the survival of any liberal democracy, maintaining the idea that “the right to choose one’s own government is the right to dissent.” Decrying the portrayal of politics as sport, Patel elucidates the strategies and tactics used by “nimble” governments to enforce a culture of “broad-spectrum illiberalism.” A champion of transparency in the judiciary, Patel argues that the Internet and the judiciary must serve as beacons in this age of precarity. A timely text that comes at a juncture where liberal democracies across the world are facing existential threats, Undermining the Idea of India is a searing manifesto for our troubled times.

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Book SynopsisThese essays explore the nature and limits of individual autonomy in law, policy and the work of regulatory agencies. Authors ask searching questions about the nature and scope of the regulation of 'private' lives, from intimacies, personal relationships and domestic lives to reproduction. They question the extent to which the law does, or should, protect individual autonomy. Recent rapid advances in the development of new technologies - particularly those concerned with human genetics and assisted reproduction - have generated new questions (practical, social, legal and ethical) about how far the state should intervene in individual decision making. Is there an inevitable tension between individual liberty and the common good? How might a workable balance between the public and the private be struck? How, indeed, should we think about 'autonomy'? The essays explore the arguments used to create and maintain the boundaries of autonomy - for example, the protection of the vulnerable, public goods of various kinds, and the maintenance of tradition and respect for cultural practices. Contributors address how those boundaries should be drawn and interventions justified. How are contemporary ethical debates about autonomy constructed, and what principles do they embody? What happens when those principles become manifest in law?Trade ReviewMy overall conclusions are that there are no weak contributions here, that I learnt a lot, had my mind changed occasionally [and] was led to thinking about some - important - matters for the first time Chris Barton Child and Family Law Quarterly Volume 21, No.4, 2009 ...the book as a whole is thought-provoking and challenging, with a mastery of detail and argument that is so often lacking in public debate today...the breadth of subjects discussed and the fact that many of them are familiar from popular discussions make it a fascinating read. It provides insights into both the reach and the limitations of the law in dealing with intimate life and raises important questions about the way in which autonomy has become subject to doubt, both in its necessity and its possibility. Jan Macvarish Spiked Review of Books July 2009 Many of the individual cases are thought-provoking and useful for scholars of family law, feminist legal theory, and autonomy. They raise many provocative questions about the relationship between autonomy and regulation by challenging the assumption that these two things are necessarily opposed to one another...The chapters are accessible and could be useful in an undergraduate or graduate course on gender and law or family law. Claire E. Rasmussen Law & Politics Book Review Vol.19, No.8 August 28, 2009 The essays analyse how much intimate relationships and reproductive decision-making should be affected by the law, regulation and social policy. The collection will therefore appeal to legal scholars, social scientists, biochemists, and policy makers alike. This collection of essays engagingly discusses the intersection of autonomy and regulation in private decision making... the essays are all of high standard and ... the book makes a good contribution to its field. Malcolm Smith Bionews April 2010Table of Contents1. Introduction: Autonomy and Private Life Emily Jackson and Shelley Day Sclater Part 1: Intimacies and Domestic Lives 2. Exploitation: The Role of Law in Regulating Prostitution Suzanne Jenkins 3. Feminist Anti-violence Discourse as Regulation Helen Reece 4. Relational Autonomy and Rape Jonathan Herring 5. Rules for Feeding Babies Ellie Lee and Jennie Bristow 6. Legal Representation and Parental Autonomy: The Work of the English Family Bar in Contact Cases Mavis Maclean and John Eekelaar 7. Regulating Step-parenthood Jan Pryor 8. Internet Sex Offenders: Individual Autonomy, 'Folk Devils' and State Control Julia Davidson and Elena Martellozzo Part 2: Reproduction 9. Regulation of Reproductive Decision-making Theresa Glennon 10. Instruments for ART Regulation: What are the Most Appropriate Mechanisms for Achieving Smart Regulation? Martin H Johnson and Kerry Petersen 11. Which Children can we Choose? Boundaries of Reproductive Autonomy Martin Richards 12. Anonymity-or not-in the Donation of Gametes and Embryos Susan Golombok 13. Autonomy and the UK's Law on Abortion: Current Problems and Future Prospects Laura Riley and Ann Furedi

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Book SynopsisDieses Buch beleuchtet das traditionsreiche Rechtsinstitut der Enteignung aus unterschiedlichen Perspektiven in systematischer Absicht. Rechtsgeschichtliche und verfassungshistorische Aspekte der Enteignung ermöglichen eine erfahrungsgesättigte wissenschaftliche Auseinandersetzung mit diesem Rechtsinstitut, der rechtsvergleichende Blick auf die verschiedenen international- und europarechtlichen Implikationen des Enteignungsrechts lässt die Gemeinsamkeiten wie Besonderheiten des nationalen Rechts erkennen. Auf dieser Grundlage kann das grundgesetzliche Institut der Enteignung dogmatisch vermessen und kritisch hinterfragt werden. Dadurch lassen sich Entwicklungslinien sowie neue Perspektiven aufzeigen und die wissenschaftliche Diskussion dieses Rechtsinstituts auf der Höhe der Zeit halten. Table of ContentsTeil I Rechtsgeschichte: Mathias Schmoeckel, Omnia sunt regis: Vom allgemeinen Eigentum des Königs zur Enteignung des Bürgers. Ein Überblick zur Geschichte der Enteignung bis zum 18. Jahrhundert.- Foroud Shirvani, Entwicklung des Enteignungsrechts vom frühen 19. Jahrhundert bis zur Weimarer Reichsverfassung.- Teil II Internationales und europäisches Recht: Burkhard Schöbener, Internationales Recht: Enteignung und Entschädigung im Systemvergleich.- Angelika Nußberger, Enteignung und Entschädigung nach der EMRK.- Teil III Enteignung und Grundgesetz: Wolfgang Schlick, „Nassauskiesung“ und ihre Folgen – Wirkungsgeschichte einer Entscheidung.- Matthias Cornils, Der Begriff der Enteignung – Rückschritt als Fortschritt?.- Joachim Lege, Die ausgleichspflichtige Inhalts und Schrankenbestimmung: Enteignung zweiter Klasse?.- Lerke Osterloh, Was bleibt vom enteignungsgleichen und vom enteignenden Eingriff?.- Judith Froese, Entschädigung und Ausgleich.- Teil IV Rechtspolitik: Otto Depenheuer, Verborgener Sinn und latentes Potential – Die Enteignungsentschädigung als normatives Gebot, pragmatische Problemlösung oder verführerisches Paradigma?.

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Book SynopsisLaws of the Constitution: Consolidated gathers all of the historical and contemporary constitutional documents pertaining to Canada, its provinces, and its territories, organized thematically and topically for ease of reference and supported by comprehensive lists and a thorough index. The volume excludes overridden and irrelevant documents, making it a comprehensive yet focused and precise reference that presents the words, ideas, and documents that have brought the constitution into being. A must for academic libraries, Bur’s compilation is an indispensable resource for lawyers and scholars in Canadian constitutional law, as well as historians, political scientists, policy makers, and anyone interested in constitution-making.Trade Review“Dr Bur’s new book is a treasure trove of Canadian constitutional law which is a most useful reference and also repays browsing by the curious…. Dr Bur has done an admirable job....” Greg Taylor, Law Institute Journal, September 2021Table of ContentsPreface ix Constitutional Documents—Indexed xvii Laws xvii Cases xlv Texts xlvi Other Constitutional Laws xlvi 1. General Principles 1 2. Acquisition of Territory 11 3. Creation of Government 19 4. Acquisition of Property 37 5. Union, Transition to Union and Conditions of Union 49 6. Distribution of Powers 101 7. Executive Authority 115 8. Parliamentary Structures and Procedures 209 9. Distribution of Property 595 10. Territories, Parliamentary Structures and Procedures 639 11. Protection of Rights 817 12. Aboriginal Rights 835 13. Boundaries 843 14. Amendment of the Constitutions 877 Index 887

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Book SynopsisReveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. This title traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists.Trade Review"Tamanaha has written a provocative challenge to conventional wisdom about the rise of judicial realism... Strongly recommended for scholars and students of law, political science, and history."--Choice "Beyond the Formalist-Realist Divide is a clearly written and groundbreaking book. Although its focus is historical, its objective--in which it succeeds--is to change the way we think about law today."--Henry Cohen, Federal Lawyer "Tamanaha's book reflects some striking research into the views of (largely forgotten or neglected) 19th-century law professors and jurists, and the material he has brought to our attention will demand attention from legal historians... [W]e should be grateful to Tamanaha for his provocative historical research, for laying down a vigorous challenge that should be met by historians of ideas and social scientists, and for imparting appropriate intellectual caution and modesty to future writers who might otherwise be prone to casual talk about a 'formalist' age in American legal thought."--Brian Leiter, Legal Theory "Tamanaha's ... book will change the way we think about both formalism and realism, about the history of legal scholarship and about the empirical study of judicial decision making."--Edward Rubin, Law and Politics ReviewTable of ContentsAcknowledgments ix CHAPTER 1: Introduction 1 PART ONE: THE LEGAL FORMALISTS CHAPTER 2: The Myth about Beliefs in the Common Law 13 CHAPTER 3: The Myth about "Mechanical Jurisprudence" 27 CHAPTER 4: The Holes in the Story about Legal Formalism 44 PART TWO: The Legal Realists CHAPTER 5: Realism before the Legal Realists 67 CHAPTER 6: A Reconstruction of Legal Realism 91 PART THREE: STUDIES OF JUDGING CHAPTER 7: The Slant in the "Judicial Politics" Field 111 CHAPTER 8: What Quantitative Studies of Judging Have Found 132 PART FOUR: LEGAL THEORY CHAPTER 9: The Emptiness of "Formalism" in Legal Theory 159 CHAPTER 10: Beyond the Formalist-Realist Divide 181 Afterword 200 Notes 203 Index 251

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Book SynopsisThis study investigates how the medium of sound and its most representative art form of music enable Virginia Woolf to develop fresh concepts and methods in her experimental fiction.Trade Review"Clements’s book explores Woolf’s sustained attention to the production and reception of sound, gathering together arguments about sonic events, art music, and language in Woolf’s work. Through her bold scope, astute close readings, and careful theoretical expositions, she provides a sophisticated account of the vital importance of sound production and reception to Woolf’s ethics and experimentation." -- Emma Sutton * Woolf Studies Annual *"Elicia Clements in Virginia Woolf, Music, Sound and Language (2019) takes a deep dive into these relationships and argues that the concepts of sound and music enabled Woolf to develop a new understanding of her own writing and literature. This is new and exciting." -- Patricia Laurence, City College, City University of New York * Virginia Woolf Miscellany *Table of ContentsAcknowledgments Abbreviations Introduction I. Woolf's Musical Ear II. Interdisciplinary Methods III. "Hoity te, hoity te, hoity te …": Tripartite Woolf Part 1 An Emerging Earcon: Woolf's Singers 1. Finding a Voice I. Resonant Beginnings: The Voyage Out II. Sonic Networks in Jacob's Room III. Urban and Rural Interrelations in Mrs. Dalloway and To the Lighthouse 2. The Earcon Reproduces I. "And what is a cry?": The Waves II. Integrating the Earcon in The Years III. Aural Multiplicity in Between the Acts Part 2 Profound Listening and Acousmatics 3. Initial Apperceptions I. Materialized Sonics and Listening Subjects in The Voyage Out II. Involuntary, Yet Profound, Listening in Night and Day III. International Acousmatics: War and Its Veterans in Jacob's Room and Mrs. Dalloway 4. Bodies and Voices I. To the Lighthouse and Family Acousmatics II. The Gender of Listening in The Waves III. "Hush!... Somebody's listening": The Years IV. Heterogeneous Reattachments in Between the Acts Part 3 Music as Performance in Woolf's Fiction 5. Performing Women I. Women at the Piano in the First Three Novels II. Performing Personal History in The Years III. Historical Reenactments: Between the Acts 6. The Performativity of Language: The Waves Musicalized I. Word Music: "(The rhythm is the main thing in writing)" II. The Case of Ludwig van Beethoven III. Transforming Beethoven's Opus 130 and 133 into Words Coda: A Meditation on Rhythm Notes Works Cited Index

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Book SynopsisThe Honourable Barry L. Strayerâs political memoir on Canadian constitutional reform, 1960â1982.Trade Review"The Hon. Barry L. Strayer was instrumental in designing Canada's Charter of Rights and Freedoms and the 1982 repatriation of the Constitution. In Canada's Constitutional Revolution, the retired federal court judge recalls his involvement as a legal adviser during the period of constitutional reform from 1960 to '82." Quill & Quire"[On April 27, 1982, Queen Elizabeth signed the Constitution Act on Parliament Hill.] For nearly 15 years [Barry Strayer] had toiled mightily in the labyrinthine structures of federal constitutional planning and in the chambers of federal-provincial negotiations to get to just this moment. In Ottawa that day Canada's sovereignty was formalized; it gained untrammelled authority over its own constitution and it declared its subscription to human rights. Strayer was crucial to the federal government's constitutional endeavours, from policy consulting with the prime minister to reassuring parliamentarians, to preparing court cases, to organizing strategic planning and the writing of constitutional drafts. He was at the very centre of Canada's modern constitutional moment." John D. Whyte, Literary Review of Canada, May 2013"...a cogent, thorough, and diverting narrative of his time as a top-level constitutional advisor to the Lester B. Pearson and Pierre Trudeau Liberal governments.... In broad terms, the book is a meditation on the intellectual and political complexity of the transition, in a federal system, from a regime of legislative supremacy to one of constitutional supremacy..... The tone of the book is principally serious and scholarly, and provides a detailed and technical first-hand analysis of the development of the Charter and the Canada Act 1982." -- Tom O'Hara * Saskatchewan Law Review *"Barry L. Strayer's book about the formation of Canada's present constitutional order, and his own role in it, joins a short and distinctive shelf of similarly erudite yet also entertaining legal memoirs.... What could easily have been an unrelievedly ponderous exposition of constitutional law and history is leavened by Strayer's disarmingly informal and witty recollections of the leading personalities in Canadian politics from the 1950s to the 1980s.... Canada's constitutional revolution has worked overwhelmingly positive changes for that country, advancing the dignity and stature of a great nation and providing a globally relevant model for protecting human rights and individual freedom. For that and other reasons, Judge Strayer can look back with pride on his life's work." [Full review at https://www.h-net.org/reviews/showrev.php?id=39911] -- Bryan H. Wildenthal * H-Net Reviews *

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Book SynopsisThe Alien Tort Claim Act, aka the Alien Tort Statute, was part of the Judiciary Act of 1789. Only in 1980 did the U.S. federal courts find any significant meaning in it. Initially, the ATCA applied to violations of basic rules of international law, such as piracy. It was applied at the beginning of 1980 to human rights violations. Its meaning was expanded to incorporate liability, but in 2013 the U.S. Supreme Court ended such lawsuits.

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Book SynopsisAMERICAN ASSOCIATION OF PUBLISHERS PROSE AWARD FINALIST  “Essential and fresh and vital . . . It is the argument of this important book that until Americans can reimagine rights, there is no path forward, and there is, especially, no way to get race right. No peace, no justice.”—from the foreword by Jill Lepore, New York Times best-selling author of These Truths: A History of the United States An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. You have the right to remain silent—and the right to free speech. The right to worship, and to doubt. The right to be free from discrimination, and to hate. The right to life, and the right to own a gun. Rights are a sacred part of American identity. Yet they also are the source of some of our greatest divisions. We belie

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