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City University of Hong Kong Press Healthcare Law and Ethics: Principles & Practices
Book SynopsisWith the increasing number of complaints and court cases relating to healthcare disputes, healthcare practitioners (HCPs) are now facing more challenges and dilemmas in their daily practices. This book is unique in that most chapters are written jointly by two authors: one with legal training and one with a healthcare background. The balanced view offered thus allows readers to gain a thorough understanding of the concepts presented. Although most of the examples and scenarios are specific to medical doctors, the basic principles and ethical considerations as well as the enforcement of laws and regulations are, with some modifications, equally applicable to other HCPs, such as dentists, nurses, midwives, etc. Readers interested in healthcare law and ethics from numerous fields and stages of training, including legal and healthcare practitioners, trainees, postgraduate researchers and undergraduate students, will find this book both informative and practical as an aid to their work and studies.
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Springer Verlag, Singapore The Law of Emergency Powers: Comparative Common
Book SynopsisThis book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy. Trade Review“Discerning readers will find the book’s combination of academic rigour, practical insight and considerable forthrightness worthy of commendation.” (The Commonwealth Lawyer, Vol. 31 (1), April, 2021)Table of ContentsChapter 1 – The Concept of Emergency Powers in History and Political Thought: Greek, Roman, and Indian paradigms I. Ideas Underlying the Concept of Emergency Powers II. The Greek Period III. The Roman Dictatorship i. Appointment of Dictators ii. Limitations of Time iii. Non-Derogable Areas iv. Other limitations v. Some additional effects of use of emergency powers vi. The decline of the dictatorship IV. Ancient and Medieval IndiaChapter 2 – Martial Law: A Comparative Analysis of the USA, the UK, and India I. IntroductionII. A Brief History of Martial LawIII. Martial Law in the United Statesi. Military Law, Military Government and Martial Lawii. Absolute and Qualified Martial Law & Preventive and Punitive Martial Lawiii. State of Insurrection and State of Wariv. Historical Instances of Use of Forcev. Is Martial Law Constitutional in USA?vi. Proclamation of Martial Lawa. Identity of Proclaimerb. Nature and Content of Proclamationsc. Necessity and Effect of Proclamationsvii. Permissible consequences of Martial Lawa. Exercise of powers in absence of trial of civilians by military tribunalsb. Trials of civilians by military tribunalsviii. Suspension of the writ of Habeas Corpusa. Martial Law and Suspension of Writ of Habeas Corpus differentiatedb. Who may suspend the writ?IV. Martial Law in Englandi. Historical Evolution and Significant Instances of Useii. Martial Law: Prerogative or Common Law?iii. Proclamations of Martial LawV. Martial Law in Indiai. Pre-Independence Judicial Opinionii. Post-Independence Judicial Opinioniii. Can Martial Law be proclaimed under article 34? An alternative view: Historical Analysis of article 34Chapter 3 – Military Acting in Aid of Civilian Authority I. IntroductionII. Use of Military in Situations not amounting to Martial Law in the United Statesi. The National Guardii. Some instances of use of the military in aid of civil authorityiii. Distinctions between martial law and use of military in aid of civil authorityiv. Principles governing liability of Guardsmen and Higher Officersa. General Principlesb. False arrest and imprisonmentc. Use of excessive forced. Immunity, if any?v. Judicial review of actions of Guard in other situationsvi. Use of force by the Federal Government: The Debs PrincipleIII. Military Acting in Aid of Civil Authority in UKi. Distinction between martial law and military acting in aid of civil authorityii. Historical evolution and current status of the civil decision to deploy militaryiii. Judicial review and some other issues IV. India: No direct comparative jurisprudence exists though some principles are summarizedChapter 4 – Judicial Independence and Economic Emergency with Special Focus on India I. IntroductionII. Economic Emergency under the Indian ConstitutionIII. Financial Independence of the Judiciaryi. Judicial Salaries and Judicial Independenceii. Judicial Salaries and the Question of Independence in the United StatesIV. Financial Independence of Judiciary under the Indian ConstitutionV. Judicial Review of Reduction of Judicial Salaries during an Economic Emergencyi. Colorable Exercise of Powerii. Fundamental Rights Violationiii. Judicial Review and Basic Structure Constitutionalism ConclusionChapter 5 – Emergency Powers in India I. Historical overview of Emergency Powers in Pre-Indepenent Indiai. Pre-British Indiaii. Company Rule: 1600-1857iii. Direct British Rule Prior to First World War: 1858-1914iv. First World War: 1914-18v. Inter War Years: 1919-39vi. Second World War and Independence: 1939-47 II. Emergency Powers in the Indian Constitutioni. Introductoryii. Travaux Preparatories Relating to Constitutional Provisionsiii. Changes in Emergency Provisions During and After 1975iv. Some legal aspects of Emergency Powersa. Proclamation of Emergencyb. Effects of Emergencyv. Post-Independence Emergenciesa. War Emergenciesb. The 1975 Peacetime Emergencyc. Detentionsd. The Press and Media III. President’s Rule: A Sui Generis Emergency Poweri. Introductoryii. Constituent Assembly Debates Relating to Article 355, 356, and 357iii. Post-Independence Changes in Article 355, 356, and 357iv. Some legal aspects of President’s Rule in Indiaa. Role and Status of President and Governor during an article 356 Proclamationb. Duration of Effects of Action under an article· 356 Proclamation· Violation of Constitutional Provisions relating to Parliamentary scrutinyc. Legality of suspension of Assemblyd. Judicial Review and Article 356· State of Rajasthan v. Union of India· S. R. Bommai v. Union of India Post Bommai Development
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Springer Verlag, Singapore Comparative Approaches in Law and Policy
Book SynopsisThis book encompasses areas of research like comparative constitution, transformative constitution, environmental law, family law, child rights and so on. The main theme of the book is comparative law. We intend to incorporate into this book laws pertaining to diverse field wherein it can be compared with the laws of other countries which brings in better understanding and conceptual clarity. The book focuses on the jurisprudence of different countries which enables the readers or clientele to get a better understanding of the principles of comparative law. The book showcases the comparative law jurisprudence prevalent across the globe so as to make use of the best practices for the betterment of humanity.Table of ContentsComparing Constitutionally: Modes of Comparison.- Imperatives of the Basic Structure Doctrine: A Semi-Centennial Concept.- Equality, Merit & Affirmative Action: India & USA.- Separation of Power and Judicial Independence in the Context of the United States and the Indian Constitution: A Cratological Critique.- Constitutional Obligation and Responsibilities of the Judges in a Contemporary Era: A Critical Study.- The Rule of Law and Legal Controversies – The Impact of COVID -19 in Bhutan.- Cross Border Judicial Dialogue: A Look at Indian Supreme Court’s Engagement with Australian Jurisprudence in National Legal Services Authority v. Union of India.- Climate Change and Human Mobility: Responsibilities under International Environmental Law.- Do Australian and Indian Courts have ‘get-out-of-text free cards’ like the US Supreme Court in order to Limit Environmental Executive Power?.- Affirmative Action and Social Discrimination: A functional comparative study of India, USA and South Africa.- Maran shipping: a ray of hope in a darkening landscape for inter-state civil actions – forum non-conveniens versus duty of care.- Impacts of the Use of a Family Violence Report to Determine Interests in Residential Tenancy Agreements: A Comparative Study between Western Australian and Albertan(Canada) Legislation.- Live-in-Relationship viz-a-viz Marriage: A congruence among Indian and Australian Law.- Tainted Chocolate? A systemic review of the cocoa industry in Ghana and Brazil.- Metaverse and NFT’s.- A comparative study of blockchain and cryptocurrency regulations.
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Hardpress Publishing The Constitution of England in Which it Is Compared Both With the Republican Form of Government and the Other Monarchies in Europe 1
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Hardpress Publishing A Compendious View of the Civil Law and of the Law of the Admiralty Being the Substance of a Course of Lectures Read in the University of Dublin 1
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Taylor & Francis Military Courts CivilMilitary Relations and the Legal Battle for Democracy
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Taylor & Francis Torture and Human Rights in Northern Ireland Interrogation in Depth Routledge Focus
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Taylor & Francis Affirmative Action and the Law
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Taylor & Francis Ltd American Constitutional Law Volume I The Structure of Government
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Taylor & Francis International Law and Violence Against Women Europe and the Istanbul Convention Routledge Research in Human Rights Law
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Taylor & Francis Diversity of Law in the United Arab Emirates Privacy Security and the Legal System Routledge Research in Constitutional Law
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Taylor & Francis Africa and International Criminal Justice Radical Evils and the International Criminal Court Routledge Research in the Law of Armed Conflict
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Taylor & Francis Ltd Routledge Handbook of Comparative Constitutional
Book SynopsisComparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change.Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and praTable of Contents1 Introduction. Comparative constitutional change: a new academic field Xenophon Contiades and Alkmene FotiadouPART I The study of comparative constitutional change: theoretical and methodological aspects2 Comparative methodology and constitutional changeJaakko Husa3 Order from chaos? Typologies and models of constitutional changeOran Doyle4 Constitutional enduranceTom Ginsburg5 Constitutional amendment versus constitutional replacement: an empirical comparisonDavid S. Law and Ryan Whalen6 Varieties of liberal constitutionalismMark TushnetPART II Formal constitutional change7 Formal amendment rules: functions and designRichard Albert8 Constitutional design through amendment Manfred Stelzer9 The uses and abuses of constitutional unamendabilityYaniv Roznai10 Federalism and constitutional changeNathalie Behnke and Arthur Benz11 Participatory constitutional change: constitutional referendumsEoin CarolanPART III Informal constitutional change12 Political practice and constitutional changeDavid Feldman13 Judge-made constitutional changeJoel I. Colón-Ríos14 Global values, international organizations and constitutional changeHelle Krunke15 Crises, emergencies and constitutional changeGiacomo Delledonne16 The material study of constitutional change Marco Goldoni and Tarik OlcayPART IV Contemporary challenges in the theory and practice of comparative constitutional change 17 Constituent power and European constitutionalismChris Thornhill18 Populism and constitutional changePaul Blokker19 The democratic backsliding in the European Union and the challenge of constitutional designTomasz Tadeusz Koncewicz20 Constitution and self-determinationZoran Oklopcic21 Gender in comparative constitutional changeSilvia SuteuPART V Case studies: distinct profiles of constitutional change22 The future of UK constitutional lawRobert Blackburn23 Constitutional change in Australia: the paradox of the frozen continentElisa Arcioni and Adrienne Stone24 Preservationist constitutional change in Latin America: the cases of Chile and BrazilJuliano Zaiden Benvindo25 Informal constitutional change in unlikely places: the case of South AfricaJames Fowkes26 Constitutional changes in JapanYasuo Hasebe
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Taylor & Francis Ltd Law and the Christian Tradition in Italy
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Taylor & Francis Ltd The Crown and Constitutional Reform
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Taylor & Francis Ltd The Crown and Constitutional Reform
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Taylor & Francis Affirmative Action and the Law
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Taylor & Francis Ltd Icelandic Constitutional Reform
Book SynopsisThis collection documents, analyses, and reflects on the Icelandic constitutional reform between 2009 and 2017. It offers a unique insight into this process by providing first-hand accounts of its different stages and core issues. Its 12 substantive chapters are written by the main actors in the reform, including the Chair of the Constitutional Council that drafted the 2011 Proposal for a New Constitution.Part I opens with an address by the President of the Republic and positions the constitutional reform in its full complexity and longer-term perspective, going beyond the frequent portrayal of that process in international discussion as being solely a result of the 2008 financial crisis. Part II offers a nuanced and contextualised reflection on Iceland's innovative approach to consultation and drafting involving lay participants, including its twenty-first-century digital take on the people,' which attracted international attention as crowdsourcing.' Part III analyses the maTrade Review 'For constitutional scholars and practitioners around the world with an interest in the theories and methods of constitution making, an authoritative book on Icelandic Constitutional Reform could hardly be more welcome. Anecdotally, there is widespread awareness of the experiment with crowd-sourcing that took place in Iceland in 2011. Until now, however, there has been no major work that places that event in the context of the broader process or the history of the Icelandic Constitution as a whole. This book fills a very significant void. It will assist understanding of constitution making in general and the dynamics of public participation in particular.' Cheryl Saunders, Laureate Professor Emeritus, University of Melbourne'Agust Þór Arnason and Catherine Dupré have assembled an illustrious group of professors and politicians to illuminate every aspect of the unprecedented constitutional reform efforts of the last decade in Iceland. The colorful contextual details, deep theoretical insights and rich foreign and historical references make this book the best resource available to understand what spurred Iceland to engage in this long and lively experiment in constitutional change—and why the experiment ultimately failed.'Richard Albert, William Stamps Farish Professor of Law, The University of Texas at Austin'Icelandic Constitutional Reform is a clear example of how constitutional change can always innovate and enhance the mechanisms of democracy. This book is not only on Iceland and the fascinating process of constitution-making that took place there right after the financial crisis of 2008. It is on how constitution and democracy need to be intertwined as strongly as possible and how innovations can be brought up to nudge this process. Its scope thereby transcends borders. There is a lot to learn from the many fascinating chapters of this volume and certainly this is a very important contribution to the field of constitutional law, comparative constitutional law, constitutional design and constitutional politics.' Juliano Zaiden Benvindo, Professor of Constitutional Law of the University of Brasília, Brazil.'This book analyses one of the most important, innovative and debated events in modern constitutional law and theory. It provides a rich and nuanced insight into different aspects of the reform process. The authors represent a broad interdisciplinary range of scholars and actors who played an active role in the reform process. The many different voices and contradicting interests from the process are weaved into one deep analysis of fundamental questions of constitutional reform.’Helle Krunke, Professor, Centre for Comparative and European Legal Studies, Faculty of Law, University of Copenhagen. 'For constitutional scholars and practitioners around the world with an interest in the theories and methods of constitution making, an authoritative book on Icelandic Constitutional Reform could hardly be more welcome. Anecdotally, there is widespread awareness of the experiment with crowd-sourcing that took place in Iceland in 2011. Until now, however, there has been no major work that places that event in the context of the broader process or the history of the Icelandic Constitution as a whole. This book fills a very significant void. It will assist understanding of constitution making in general and the dynamics of public participation in particular.' Cheryl Saunders, Laureate Professor Emeritus, University of Melbourne.'Agust Þór Arnason and Catherine Dupré have assembled an illustrious group of professors and politicians to illuminate every aspect of the unprecedented constitutional reform efforts of the last decade in Iceland. The colorful contextual details, deep theoretical insights and rich foreign and historical references make this book the best resource available to understand what spurred Iceland to engage in this long and lively experiment in constitutional change—and why the experiment ultimately failed.'Richard Albert, William Stamps Farish Professor of Law, The University of Texas at Austin.'Icelandic Constitutional Reform is a clear example of how constitutional change can always innovate and enhance the mechanisms of democracy. This book is not only on Iceland and the fascinating process of constitution-making that took place there right after the financial crisis of 2008. It is on how constitution and democracy need to be intertwined as strongly as possible and how innovations can be brought up to nudge this process. Its scope thereby transcends borders. There is a lot to learn from the many fascinating chapters of this volume and certainly this is a very important contribution to the field of constitutional law, comparative constitutional law, constitutional design and constitutional politics.' Juliano Zaiden Benvindo, Professor of Constitutional Law of the University of Brasília, Brazil.'This book analyses one of the most important, innovative and debated events in modern constitutional law and theory. It provides a rich and nuanced insight into different aspects of the reform process. The authors represent a broad interdisciplinary range of scholars and actors who played an active role in the reform process. The many different voices and contradicting interests from the process are weaved into one deep analysis of fundamental questions of constitutional reform.’Helle Krunke, Professor, Centre for Comparative and European Legal Studies, Faculty of Law, University of Copenhagen. Table of ContentsPrefaceAcknowledgementsIn Memoriam: Ágúst Þór ÁrnasonContributors and editorsThe constitutional reform at a glance1. Introduction: making sense of the Icelandic constitutional reformCATHERINE DUPRÉ PART I: Contexts2. The President and the ConstitutionGUÐNI TH. JÓHANNESSON 3. The reform of the 1944 Constitution and Icelandic constitutionalismÁGÚST ÞÓR ÁRNASON AND CATHERINE DUPRÉ 4. Iceland’s near-death experienceKRISTRÚN HEIMISDÓTTIR PART II: Drafters and drafting processes5. The role and impact of the Constitutional Commission in preparing the constitutional revisionBJÖRG THORARENSEN 6. The work of the 2011 Constitutional Council: a democratic experiment institution-makingSALVÖR NORDAL 7. Crowdsourcing the 2011 Proposal for a New Constitution: when experts and the crowd disagreeJÓN ÓLAFSSON PART III: Constitutional proposals and bills 8. The 2011 Proposal for a New Constitution: analysis and critical commentsSKÚLI MAGNÚSSON 9. The 2016 Bill of the Constitutional Committee: three proposals for reforming the 1944 ConstitutionPÁLL ÞÓRHALLSSON 10. Natural resources and the reform of the Icelandic ConstitutionRAGNHEIÐUR ELFA ÞORSTEINSDÓTTIR 11. Would Article 79 of the 2016 Bill make much difference? Some considerations on the legal consequences of the proposed constitutional environmental provisionAÐALHEIÐUR JÓHANNSDÓTTIR PART IV: Reflections12. Iceland’s new constitution is not solely a local concernTHORVALDUR GYLFASON 13. A politician’s perspectiveKATRÍN JAKOBSDÓTTIR 14. Conclusion: what has changed?CATHERINE DUPRÉ
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Taylor & Francis The Security State in Pakistan
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Taylor & Francis States of Emergency and the Law
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Taylor & Francis Church and State in Scotland
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Taylor & Francis Ltd Public Law
Book SynopsisPublic Law is an ideal choice for all students looking for a comprehensive yet accessible textbook on this area of law, as its clear writing style, accessible tone, and focus on modern case law help bring the subject to life.The book covers the key institutions, concepts, and legal rules of the United Kingdom's constitutional system, with the chapters arranged around four subjects: the foundations of the constitutional system; Constitutional Law; Administrative Law; and human rights. The book's central theme is that of state power, and the relationship between the state and the citizen. Co-authored by Michael Doherty and Noel McGuirk, the third edition has been revised to reflect recent key developments in Public Law. It now extensively explores, in addition to several other key chapter updates, the unfolding impact of Brexit, the 2019 General Election, changes in devolution across England, Scotland, and Wales, and the 2020 Coronavirus Act. Clearly written andTrade Review"This new edition is as useful for students of public law as ever. With a sharp focus on the law and attention to the political context, it provides an up to date resource that is clear and accessible." —Fiona Boyle, Senior Lecturer at Cumbria University Law School.Table of Contents1. Studying Public Law 2. Institutions 3. Parliament and Legislation 4. Constitutions 5. Constitutional Conventions 6. Royal Prerogative 7. Supremacy of Parliament 8. Supremacy and European Law 9. Separation of Powers 10. The Rule of Law 11. Devolution 12. Judicial Review – Access to Justice 13. Grounds of Judicial Review 14. Ombudsman and Tribunals 15. Human Rights 16. Police and Security Powers 17. Freedom of Expression 18. Freedom of Assembly and Public Protest
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Taylor & Francis Dynamic Federalism A New Theory for Cohesion and Regional Autonomy Comparative Constitutional Change
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Taylor & Francis Routledge Handbook of the Study of the Commons
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Taylor & Francis QuasiConstitutionality and Constitutional Statutes
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Taylor & Francis The United Nations Convention on the Law of the Sea
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Taylor & Francis The Democratic Rule of Law on Trial
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Taylor & Francis Terrorism Criminal Law and Politics
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Taylor & Francis Torture and Human Rights in Northern Ireland
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Taylor & Francis Enhancing Legislative Drafting in the Commonwealth A Wealth of Innovation
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Taylor & Francis Lawfare Waging War through Law
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Taylor & Francis Ltd Indirect Judicial Review in Administrative Law
Book SynopsisThis book provides a comparative analysis of the concept and concrete application of the system of indirect review of administrative action. The indirect review of administrative action is a judicial review mechanism that permits re-visiting already settled administrative measures. As an indirect way of challenging the validity of a measure or act by attacking the legal basis on which it is founded, it can regard either general acts or individual acts and measures. This book explores whether the system of indirect review is a suitable remedy for modern administrative justice, assessing whether it fairly balances the legality and the legal certainty principles. It examines the tension between the two principles and seeks to establish what the standards of review are and whether a common European trend can be discerned by analysing the theory and practice from jurisdictions in Western and Eastern Europe, as well as the EU legal system. The book will be a valuable resource for aTable of ContentsLists of figures List of tables List of contributors Introduction. The Indirect Review of Administrative Action in search of a fair balance between legality and legal certainty 1. Balancing legality and legal certainty: the plea of illegality in Belgian public law and the role of the Council of State and other judicial bodies 2. The Indirect Review of Administrative Action in the Czech Republic 3. Collateral challenges in England and Wales: More questions than answers 4. The system of indirect control of legality in French public law: between objective legality and increasing attention for legal certainty 5. Hierarchy of Norms, Iura Novit Curia and No Need to Plea for Indirect Review of Administrative Action – The Strictly German Legal Point of View 6. Rebalancing indirect judicial review of administrative action in The Netherlands 7. The indirect review of administrative action in Romania: the triumph of legality over legal certainty 8. Hitting not only the Target: The Indirect Review of Administrative Action in Serbia and Croatia 9. The Indirect Judicial Review of Administrative Action in Spain 10. The Indirect Review of Administrative Action in Sweden – Control and Judicial Protection 11. The plea of illegality in EU law: the missing piece in the puzzle of a ‘complete system of remedies’? Annex Index
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