Constitutional and administrative law: general Books
JCB Mohr (Paul Siebeck) Das Bundesstaatsprinzip: Eine staatsrechtliche
Book SynopsisAm Ende des 20. Jahrhunderts hatte die bundesstaatliche Ordnung an Ansehen gewonnen. Können die Merkmale des Bundesstaates auf ein Verfassungsprinzip der Bundesstaatlichkeit zurückgeführt werden, das auf einer höheren Abstraktionsebene angesiedelt ist? Ist das Bundesstaatsprinzip ein Grundsatz des geschriebenen oder ungeschriebenen Verfassungsrechts? Kann dieses Prinzip Grundlage für weitere juristische Ableitungen sein oder ist es entbehrlich? Edin Šarcevic fragt nach einem Verfassungsprinzip, das aus dem Grundgesetz hergeleitet werden kann; er erörtert seine etwaigen Inhalte, Strukturen und seine Leistungsfähigkeit für die juristische Dogmatik.Die Existenzberechtigung eines Verfassungsprinzips 'Bundesstaat' für die juristische Problemlösung und Dogmatik schließt die methodische Erörterung der dogmatischen Argumentation ein. Soweit dabei die methodischen Analysen als 'Dekonstruktion' eines Verfassungsprinzips Bundesstaat erscheinen, ist dies vor allem als ein Plädoyer für die Schärfung des methodenkritischen Bewußtseins bei der Verfassungsinterpretation zu verstehen.Ein Rückgriff auf das Bundesstaatsprinzip ist dogmatisch überflüssig, seine Tragweite reicht nicht über die sprachliche Hilfeleistung, die argumentationstechnische und kognitive Bedeutung hinaus. Das Prinzip dient weniger der Wahrung der Eigenstaatlichkeit der Länder, es beschreibt vielmehr eine verfassungsrechtlich definierte Bund-Länder-Beziehung und stellt keine Grenze gegen die Übertragung von Hoheitsrechten und keine strukturelle Absicherung der Länderstaatlichkeit dar.
£105.45
JCB Mohr (Paul Siebeck) Schleiermachers Staatslehre
Book SynopsisSchleiermacher hielt zwischen 1813 und 1833 fünf Vorlesungen zur Staatslehre an der neugegründeten Universität Berlin, in denen er die Preußischen Reformen unterstützte. Im Unterschied zu Hegels Rechtsphilosophie entfaltete Schleiermachers politisches Denken aber kaum Wirkung. Erst seit 1998 liegt eine kritische Edition der entsprechenden Manuskripte und Nachschriften vor. Miriam Rose liefert erstmals eine umfassende systematische Erschließung der Staatslehre Schleiermachers bezogen auf die Staatsdiskurse nach der Französischen Revolution. In thematischen Längsschnitten, u.a. zu den Problemen Krieg und Frieden sowie Staat und Kirche, zeigt sich die liberale Orientierung Schleiermachers. Die spezifische Eigenart dieser Konzeption profiliert die Autorin anhand der Frage nach der Freiheit des Einzelnen. Sie stellt heraus, dass es sich trotz der liberalen Orientierung um keinen liberalen Entwurf handelt.
£105.45
JCB Mohr (Paul Siebeck) Entscheidungen des Bundesverfassungsgerichts
Book SynopsisDie Sammlung der Entscheidungen des Bundesverfassungsgerichts gehört zu den einflussreichsten und meistzitierten Periodika der deutschen Jurisprudenz. Sie enthält alle Senatsentscheidungen des Bundesverfassungsgerichts (BVerfG) in ungekürzter Fassung. Begonnen mit Gründung des Gerichts im Jahr 1951, wird die Sammlung inzwischen jedes Jahr mehrmals um neue Bände ergänzt. In der abgekürzten Zitierweise als "BVerfGE" ist sie jedem deutschen Juristen geläufig und gilt vielen sogar als "die amtliche Sammlung". Zu den Höhepunkten der Sammlung gehören auch die fünf meistzitierten deutschen Gerichtsentscheidungen - zur Volkszählung 1987 (BVerfGE 65, 1), zum Boykottaufruf des Hamburger Senatsdirektors Lüth 1958 (BVerfGE 7, 198), zum Schnellen Brüter in Kalkar 1972 (BVerfGE 49, 89), zum Schwangerschaftsabbruch (BVerfGE 39, 1) sowie zum Mitbestimmungsgesetz 1976 (BVerfGE 50, 290).
£87.40
JCB Mohr (Paul Siebeck) Jenseits von Gleichheit: Gleichheitsorientierte
Book SynopsisMenschliches Zusammenleben ist geprägt durch Auseinandersetzungen um knappe Güter. Seien es materielle Ressourcen, politische Macht, soziale Anerkennung oder andere gesellschaftlich relevante Positionen: Die Frage nach ihrer gerechten Verteilung steht seit jeher im Zentrum philosophischer Diskurse, politischer Debatten und sozialer Konflikte. Welche Antworten haben im Recht ihren Niederschlag gefunden? Claudia Hofmann untersucht hierzu gleichheitsorientierte Maßnahmen im internationalen, europäischen und deutschen Recht. Diese Maßnahmen, so wird deutlich, zielen einerseits primär auf Rechts- und Chancengleichheit; substanzielle Gleichheit steht selten im Mittelpunkt. Andererseits generieren sie erneut Ungleichheiten. Dies wirft die Frage auf, wie man mit dieser möglicherweise nie endenden Gleichzeitigkeit von Gleichheit und Ungleichheit umgehen sollte.
£999.99
JCB Mohr (Paul Siebeck) Gewinn und Verlust der Bundesbank
Book SynopsisDie Finanzkrise und die Krisenmaßnahmen der Europäischen Zentralbank haben zu umfangreichen Veränderungen und neuen Herausforderungen für das Europäische System der Zentralbanken geführt.Wesentliche Auswirkungen ergeben sich auch in Bezug auf den Gewinn und Verlust der Bundesbank. Die erhebliche Erweiterung der Bilanzen der Zentralbanken des ESZB ermöglicht einerseits deutlich höhere Gewinne als in der Vergangenheit und andererseits stellt sie eine Bedrohung für die Solvenz der Zentralbanken dar. Vor diesem Hintergrund untersucht Timo Sebastian Heller die rechtlichen Regelungen in Bezug auf Gewinn und Verlust der Bundesbank. Dabei betrachtet er sowohl die Krisenmaßnahmen des ESZB als auch die Veränderung der TARGET2-Salden. Ebenfalls untersucht und bewertet er Alternativen zum bestehenden System der Gewinnverteilung und Gewinnverwendung.
£102.00
JCB Mohr (Paul Siebeck) Nudging: Verfassungsrechtliche Maßstäbe für das
Book SynopsisJedem sind sog. "Nudges" schon begegnet. Diese zwingen kein bestimmtes Verhalten auf, wollen aber in eine bestimmte Richtung schupsen ("to nudge"). Stephan Gerg untersucht die verfassungsrechtlichen Grenzen, wenn die öffentliche Hand auf den Bürger unbewusst oder nur halb bewusst durch "Nudges" und damit abseits von Ge- und Verboten sowie wirtschaftlichen Anreizen einwirkt. Hierzu zählen beispielweise Moralappelle, das Einwirken auf den Bürger durch sozialen Druck oder eine Widerspruchslösung im Organspenderecht. Ausgehend von einem juristisch definierten Begriff des Nudgings sollen anhand einer ebenfalls neuen Typologie die verfassungsrechtlichen Maßstäbe untersucht werden - insbesondere die grundrechtlichen Grenzen, der Vorbehalt des Gesetzes und der effektive Rechtsschutz. Im Mittelpunkt steht dabei die Besonderheit des Einwirkens auf die innere Autonomie, die Möglichkeit, den Willen des Bürgers über verborgene oder halb verborgene Beeinflussungspfade zu lenken, um ihm zu "besseren Entscheidungen" zu verhelfen. Wird bereits der Wille des Adressaten beeinflusst, braucht es keine Ver- oder Gebote mehr. Doch der demokratische Rechtsstaat spielt mit offenen Karten. In den Worten des zitierten Goethe ist keiner mehr Sklave, als der sich für frei hält, ohne es zu sein.
£89.40
Springer Grundrechte
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£18.99
Set Margins' publications Citizen Professionals
£22.80
Safari Books Ltd Federal Character and Affirmative Action: History
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£29.70
Stanford University Press Justice in the Balance
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£79.20
Oxford University Press Blackstones EU Treaties Legislation
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£16.99
Harvard University Press The Classical Liberal Constitution
Book SynopsisTrade ReviewOver the past three decades, Richard A. Epstein has repeatedly argued—with analytical rigor and astonishing erudition—that governments govern best when they limit their actions to protecting liberty and property…Mr. Epstein believes that constitutional law lost its way when it began to embrace a Progressive vision, according to which rights are created by a supposedly benevolent state…[He] vividly shows us how constitutional law would look if we gave priority to individual rights—something that we have not done for almost a century. * Wall Street Journal *Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus…Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood…All of Epstein’s particular discussions are instructive, and most of them are provocative…Epstein has written a passionate, learned, and committed book. * New Republic *[An] important and learned book. * Times Literary Supplement *The central mission of The Classical Liberal Constitution is to go against the grain of modern Supreme Court jurisprudence and much of the legal scholarship that has grown up around that body of work. The motivation for this argument should be apparent from the major disarray that infects every area of modern American life: steady decline in the average standard of living; constant battles over debt limits and fiscal cliffs; uncertainty over key elements of the tax structure; massive overregulation of the most productive sources in society (health care and financial services); government-inspired brinksmanship in labor negotiations; and runaway redistribution programs that undercut the economic production that makes these programs viable. All of these major programs could not have happened under the original constitutional structure, faithfully interpreted in light of changed circumstances. The confluence of these events cannot be dismissed as the result of random noise or simple mistakes. Rather, they are the ultimate consequence of the profound progressive break with the classical liberal tradition that was the guiding genius in the drafting and interpretation of the Constitution. * From the book *
£22.46
University of California Press The Magna Carta Manifesto
Book SynopsisFocuses on the state of liberty and shows how longstanding restraints against tyranny - and the rights of habeas corpus, trial by jury, and due process of law, and the prohibition of torture - are abridged. This book demonstrates how these ancient rights are laid aside when the greed of privatization and the ambition of empire seize a state.Trade Review"With a passion, eloquence and lyrical reverence for the hard-won freedoms of Old England that take the breath away." The Independent "The year's most lyrical and necessary book on liberty. The Magna Carta Manifesto is such a pleasure to read." -- John Nichols The Nation "Shows how restraints against tyranny are being abridged as rights once held inalienable are laid aside." Times Higher Education "Linebaugh should be commended for the impressive scope of his analysis." Insight TurkeyTable of ContentsIllustrations Preface 1. Introduction 2. Two Charters 3. The Commodity and the Commons 4. Charters Lost and Found 5. The Charters in Blackface and Whiteface 6. 1776 and Runnamede 7. The Law of the Jungle 8. Magna Carta and the U.S. Supreme Court 9. Icon and Idol 10. This Land Was Made by You and Me 11. The Constitution of the Commons 12. Conclusion Appendix 1. Magna Carta 2. The Charter of the Forest Glossary Further Reading Index
£22.50
Oxford University Press, USA The Constitutional Structure of Proportionality
Book SynopsisAs constitutional law globalizes, the quest for a common grammar or ''generic constitutional law'' becomes more pressing. Proportionality is one of the most prominent and controversial components of the modern, global constitutional discourse. In view of the alarming tension between the triumphant success of proportionality and the severity of the criticism directed towards it, this book offers an in-depth analysis of the critics of proportionality and demonstrates that their objections against the proportionality test are not convincing. It clarifies and further develops the current theories of proportionality and balancing. Building upon on Robert Alexy''s predominant principles theory, the book suggests several modifications to this theory. Drawing examples from the case law of the European Court of Human Rights, the European Court of Justice, and various national constitutional courts it illustrates the argument in favour of proportionality and demonstrates its relevance for decidiTable of ContentsIntroduction ; 1. The Structure of the Proportionality Test ; 2. Rights, Interests, and Trumps ; 3. The Method of Balancing ; 4. Discretion and Deference ; 5. Positive Rights and Proportionality Analysis ; 6. Epistemic Reliabilities in Proportionality Analysis ; 7. Case Analysis: Otto-Preminger-Institut v Austria ; 8. Results
£111.62
Liberty Fund Inc TheReason of Rules Constitutional Political
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£10.40
Edward Elgar Publishing Ltd Comparative Constitutional Law
Book SynopsisThis landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law.Trade Review'A comprehensive index closes this overall impressive volume... all future studies in this field will be well advised to take advantage of the highly inspiring and thought-provoking articles collected in this volume.' --Manfred Stelzer, ZOER (Journal of Public Law)'This book is a research handbook on comparative constitutional law and contains a valuable compilation of articles on different aspects of this interesting topic. . . this is a valuable book that will assist those interested in putting the constitutional aspects of EU law in a wider comparative perspective. The extensive literature references included at the end of each article make the book a valuable starting point for those interested in a specific part of comparative constitutional law. At the same time many articles also provide relatively in-depth discussions of specific constitutional orders in itself.' --Nik de Boer, Common Market Law ReviewTable of ContentsContents: 1. Introduction Rosalind Dixon and Tom Ginsburg PART I: CONSTITUTIONAL DESIGN AND REDESIGN 2. Drafting, Design and Gender Helen Irving 3. Participation in Constitutional Design Justin Blount 4. Transitional Justice and the Transformation of Constitutionalism Ruti Teitel 5. Constitutional Drafting and External Influence Zaid Al-Ali 6. Constitutional Amendment Rules: A Comparative Perspective Rosalind Dixon 7. Constitutional Endurance Tom Ginsburg PART II: CONSTITUTIONAL IDENTITY 8. The Formation of Constitutional Identities Gary J. Jacobsohn 9. Citizenship and the Boundaries of the Constitution Kim Rubenstein and Niamh Lenagh-Maguire 10. Comparative Constitutional Law and Indigenous Peoples: Canada, New Zealand and the USA Claire Charters 11. A New Global Constitutional Order? David Schneiderman PART III: CONSTITUTIONAL STRUCTURE 12. Legislative-Executive Relations José Antonio Cheibub and Fernando Limongi 13. The Separation of Legislative and Executive Powers Ronald J. Krotoszynski, Jr. 14. Political Parties and Constitutionalism Richard H. Pildes 15. The Rise of Specialized Constitutional Courts Victor Ferreres Comella 16. The Interplay of Constitutional and Ordinary Jurisdiction Frank I. Michelman 17. Constitutional Experimentation: Rethinking How a Bill of Rights Functions Janet L. Hiebert 18. The Rise of Weak-form Judicial Review Mark Tushnet 19. Constitutions and Emergency Regimes Oren Gross 20. Federalism, Devolution and Secession: From Classical to Post-conflict Federalism Sujit Choudhry and Nathan Hume PART IV: INDIVIDUAL RIGHTS AND STATE DUTIES 21. The Structure and Scope of Constitutional Rights Stephen Gardbaum 22. The Comparative Constitutional Law of Freedom of Expression Adrienne Stone 23. Comparative Constitutional Law and Religion Ran Hirschl 24. Autonomy, Dignity and Abortion Donald P. Kommers 25. Human Dignity in Constitutional Adjudication Paolo G. Carozza 26. Equality Kate O’Regan and Nick Friedman 27. The Right to Property Tom Allen 28. Socio-economic Rights: Has the Promise of Eradicating the Divide between First and Second Generation Rights Been Fulfilled? Dennis M. Davis 29. Comparative Constitutional Law and the Challenges of Terrorism Law Kent Roach 30. Legal Protection of Same-sex Partnerships and Comparative Constitutional Law Nicholas Bamforth PART V: COURTS AND CONSTITUTIONAL INTERPRETATION 31. Judicial Engagement with Comparative Law Cheryl Saunders 32. Constitutional Interpretation in Comparative Perspective: Comparing Judges or Courts? Vicki C. Jackson and Jamal Greene 33. Docket Control and the Success of Constitutional Courts David Fontana Index
£56.95
Oxford University Press Broken Landscape
Book SynopsisBroken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation''s founding. Frank Pommersheim, one of America''s leading scholars in Indian tribal law, offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. He demonstrates that the federal government has repeatedly failed to respect the Constitution''s recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. Pommersheim argues that the Supreme Court has strayed from its Constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereigTable of ContentsPart One: The Early Encounter ; 1. Introduction: A New Challenge to Old Assumptions ; 2. Early Contact: From Colonial Encounters to the Article of Confederation ; 3. Second Opportunity: The Structure and Architecture of the Constitution ; 4. The Marshall Trilogy: Foundational but Not Fully Constitutional? ; 5. Lone Wolf v. Hitchcock: The Birth of Plenary Power, Incorporation, and an Extraconstitutional Regime ; Part Two: Individual Indians and the Constitution ; 6. Elk v. Wilkins: Exclusion, Inclusion, and the Ambiguities of Citizenship ; 7. Indians and the First Amendment: The Illusion of Religious Freedom? ; Part Three: The Modern Encounter ; 8. Indian Law Jurisprudence in the Modern Era: A Common Law Approach Without Constitutional Principle ; 9. International Law Perspective: A New Model of Indigenous Nation Sovereignty? ; 10. Conclusion: Imagination, Translation, and Constitutional Convergence
£38.47
Oxford University Press Rule of Recognition and the U.S. Constitution
Book SynopsisThe Rule of Recognition and the U.S. Constitution is a volume of original essays that discuss the applicability of Hart''s rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The volume makes a contribution both in jurisprudence, using the U.S. as a test case that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism.
£121.12
The University of Chicago Press The Constitution in Congress The Federalist
Book SynopsisAn examination of the US constitution, providing an analysis from a legal perspective of the first six congresses constituting the federalist period. The book aims to establish that the Constitution was forged, not in the courts, but in the legislative and executive branches of government.
£30.00
Cambridge University Press Valuing Bureaucracy
Book SynopsisTo be effective, government must be run by professional managers. When decisions that should be taken by government officials are delegated to private contractors without adequate oversight, the public interest is jeopardized. Verkuil uses his inside perspectives on government performance and accountability to examine the tendencies at both the federal and state levels to ''deprofessionalize'' government. Viewing the turn to contractors and private sector solutions in ideological and functional terms, he acknowledges that the problem cannot be solved without meaningful civil service reforms that make it easier to hire, incent and, where necessary, fire career employees and officials. The indispensable goal is to revitalize bureaucracy so it can continue to competently deliver essential services. By highlighting the leadership that already exists in the career ranks, Verkuil senses a willingness, or even eagerness, to make government, like America, great again.Trade Review'Paul R. Verkuil is one of the most knowledgeable observers of American government, and understands better than anyone the reasons why it appears to be so ineffective to many Americans. This book points directly to the underlying problem of government outsourcing, and to some possible solutions.' Francis Fukuyama, Olivier Nomellini Senior Fellow, Stanford University, California'Paul R. Verkuil knows how government works inside and out, from his own service to his many roles studying and analyzing policy and process. This deep and insightful book is concrete and deep, using real life examples of government successes and failures, along with the folly of outsourcing and privatization, to make the case for how and why professional government saves and improves lives. At a time when professional experience in government is widely disdained, Valuing Bureaucracy is a vital corrective.' Norman Ornstein, American Enterprise Institute, Washington, DC'This isn't an easy time to make the powerful, impassioned, and important argument of Paul R. Verkuil's book. But that makes it all the more important that his message gets through. Government bureaucracy does an enormous number of important things that we value - and that we miss when they aren't done well. In this lively and engaging book, Verkuil makes the inescapable point that we need and want much of what government does - and that even a smaller government requires a government that's even more professional. There's no more important time for us to hear the message that Verkuil's invaluable experience teaches.' Donald F. Kettl, University of Maryland, College Park'Marshalling years of experience as a visionary scholar, lawyer, and public servant, Paul R. Verkuil has done it again. Verkuil's perfectly timed study of bureaucratic professionalism exposes the moral and practical bankruptcy of contemporary anti-government rhetoric and corresponding initiatives. And it presents a persuasive case and a clear blueprint for recommitting ourselves to dynamic, innovative, and highly effective public administration. Valuing Bureaucracy is a must read for government officials, legal scholars, students of politics and government, and anyone else seeking, in Verkuil's words, to 'make government great again'.' Jon D. Michaels, University of California, Los Angeles, School of Law'Government is under siege - at the federal, state and local levels. Valuing Bureaucracy brings an invaluable and comprehensible perspective on how to restructure and defend the public sector. Drawing on current events, academic research and his own recent experience as Chairman of the Administrative Conference of the United States, Paul R. Verkuil convincingly evaluates the strengths and weaknesses of government agencies and private alternatives, and offers cogent reforms. No side escapes scrutiny. In his search for more 'A players' In the federal government, Verkuil takes on the veterans' preference and rigidity in the Office of Personnel Management. In his pursuit of better supervision of the private sector, he shows what went wrong with government contractors in Flint, Michigan, among other regions. This book should be required reading for scholars of public administration and administrative law, and interesting to citizens who crave more effective government.' Anne Joseph O'Connell, George Johnson Professor of Law, University of California, BerkeleyTable of Contents1. Introduction and overview; 2. The new learning on outsourcing sovereignty; 3. The growth of contracting out in government; 4. The consequences of federal contractor government; 5. State examples of government failure; 6. Why professionals in government matter; 7. The civil service and its reform; 8. Living with and improving the multi-sector workforce; 9. In sum – reprofessionalize government.
£22.99
Cambridge University Press Constitutional and Administrative Law
a huge range and FREE tracked UK delivery on ALL orders.
£85.49
Harvard University Press The Second Creation
Book SynopsisAmericans widely believe that the U.S. Constitution was almost wholly created when it was drafted in 1787 and ratified in 1788. Jonathan Gienapp recovers the unknown story of the Constitution’s second creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation.Trade ReviewFocuses on many of the structural and institutional issues that continue to consume us—including presidential powers, the role of Congress, and the use and abuse of originalist approaches to the Constitution—and in so doing raises questions that shine a light on today’s national debates…Gienapp’s study—intellectual history as textual exegesis at its best—offers a convincing and invaluable examination of the words and ideas that marked the evolution of the American constitutional imagination. -- Karen J. Greenberg * The Nation *Sophisticated…throws a wrench in the logic of judicial originalism by demonstrating the flexibility of the Constitution’s meaning during its first years. -- Nick Burns * The Spectator *The greatest innovation of the American Revolution was the idea of a written constitution as supreme fundamental law. But another truly significant development immediately followed the ratification of the Constitution: the equally innovative but deeply controversial invention of modes of constitutional interpretation. Jonathan Gienapp explores how this process unfolded, brilliantly explaining the search for the original meaning of the Constitution. -- Jack N. Rakove, author of A Politician Thinking: The Creative Mind of James MadisonThe Second Creation is a brilliant and timely intervention in American constitutional history. By showing how ‘original intentions’ originated in congressional debates about what the framers and ratifiers originally intended, Jonathan Gienapp forces us to take another long look at what we understand the Constitution to be. His innovative and persuasive study will revolutionize the way lawyers as well as scholars interpret the Founding era. -- Peter S. Onuf, coauthor of “Most Blessed of the Patriarchs”: Thomas Jefferson and the Empire of the ImaginationGienapp focuses our attention on the first decade of controversy over the remarkable new invention, a national constitution. His fascinating and provocative story—how these debates created and imagined the Constitution—is told with great mastery and drama. -- Mary Sarah Bilder, author of Madison’s Hand: Revising the Constitutional ConventionGienapp’s elegant reconstruction of the contested terrain of early American constitutional interpretation has wide-ranging implications for how we understand the earliest debates over the Constitution’s meaning. Gienapp offers fresh and thoughtful reinterpretations of several of the most important debates of this formative period of American constitutional development. -- Saul Cornell, author of A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America
£26.96
Verlag Vittorio Klostermann Dynamics of Constitutional Cultures: The Cultural
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£34.50
Harvard University Press The Living Presidency
Book SynopsisBeloved by liberals, the living Constitution evolves with the times. But one downside has been the erosion of constitutional constraints on executive action. Saikrishna Prakash argues that if we want to rein in this imperial, living presidency, we must embrace constitutional originalism and revive the framers’ vision of the separation of powers.Trade ReviewThe modern presidency—inflated by Congress’s dereliction of its duties and armed with modern technologies of mass communication—has disrupted the Madisonian equilibrium of America’s constitutional architecture and weakened the rule of law. With this exquisitely timed book, Prakash explains how we arrived at today’s urgent need to ‘recage the executive lion.’ -- George F. Will, author of The Conservative SensibilityPrakash has given us a refreshingly balanced understanding of the illegitimate expansion of presidential power throughout American history. Explaining that the Founders may well have intended a ‘limited monarch,’ he effectively and colorfully repudiates the dangerous idea that presidents can add to their powers without limitation. The current assertions of presidential power are indeed, in Prakash’s words, ‘a funhouse-mirror version of the Founders’ presidency.’ -- Russ Feingold, former United States SenatorEverything this sort of book ought to be: it is smart, clear, full of important distinctions and thought-inducing observations, and has an unambiguous vision for how we ought to approach our constitutional framework. -- David Murphy * Open Letters Review *[A] trenchant debut on the subject of modern-day Oval Office overreach…Prakash chronicles the metastasis of presidential prerogatives over the past 50 years to encompass the almost untrammeled ability to declare war, make foreign policy, stop enforcing laws, and informally make new laws, all without constitutionally mandated congressional consent…A persuasive case against presidential usurpations—and for a more respectful reading of the Constitution. * Publishers Weekly *Couldn’t come at a better time…Prakash’s book is well-written, well-researched, and dead-on in walking the reader through the history of the American presidency…He puts the presidency within the broader parameters of culture and political institutions—something that many books on the presidency fail to do. -- Gary L. Gregg II * Law & Liberty *With his usual clarity and pith, Sai Prakash explains why both progressives and conservatives should be more principled, condemning not only the expansion of executive authority, but the seizure of new authorities by Congress and the judiciary as well. Whether or not you agree with all his proposed reforms, anyone concerned about the growth of unbridled executive power must read this book. -- Randy E. Barnett, author of Our Republican ConstitutionMany people imagine that free-form ‘living constitutionalism’ can be counted on to produce outcomes that they like. Sai Prakash’s The Living Presidency warns that this is a mistake: without fixed constitutional meaning, based on text and history, we have no defense against unwelcome changes, such as an all-powerful executive. Prakash has produced a powerful critique of the living Constitution. -- Michael W. McConnell, Director of the Constitutional Law Center at Stanford Law SchoolA timely and challenging overview of the development of the modern presidency. Although his primary criticisms are directed at devotees of a ‘living Constitution’ who countenance ‘informal’ constitutional amendment, he is also critical of purported ‘originalists’ who have embraced presidential overreach. One need not agree with all of his arguments in order to recognize that Prakash has made an important contribution to an ever-more-vital national discussion. -- Sanford Levinson, coauthor of Fault Lines in the ConstitutionA terrific book…As Prakash explains in detail, the modern president’s power has vastly expanded relative to the prevailing conceptions of the Founding era. -- Shalev Roisman * Lawfare *This excellent volume conveys important constitutional history and highlights major contemporary constitutional problems. * Choice *
£22.46
Edward Elgar Publishing Ltd Researching Public Law in Common Law Systems
Book SynopsisThis original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law, a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research. Divided into four broad categories; traditional, institutional, technical and critical, chapters cover a wide range of approaches, from doctrinal and interpretive methods to empirical, socio-legal, and Marxist approaches. The book promotes critical reflection on many of the most common methodological approaches and aims to demystify research methodologies in public law for new scholars and interdisciplinary researchers alike.Researching Public Law in Common Law Systems will be essential reading for academics and students in public law, suitable for advanced scholars and those who are new to the field. It will also be relevant to those with an interest in empirical methods, legal methods, and research methodologies more broadly in the social sciences.Trade Review‘Public law scholarship in recent years has become richer and more complex – expanding our capacity to address new questions, but also creating new methodological challenges. In this important new volume, Paul Daly and Joe Tomlinson bring together some of the leading public lawyers in the common law world to help unpack and navigate these challenges. Bringing together theoretical, doctrinal, sociolegal and comparative perspectives, the volume is essential reading for those new to and established in the field.’ -- Rosalind Dixon, University of New South Wales, Australia‘Public law scholarship in recent years has become richer and more complex – expanding our capacity to address new questions, but also creating new methodological challenges. In this important new volume, Paul Daly and Joe Tomlinson bring together some of the leading public lawyers in the common law world to help unpack and navigate these challenges. Bringing together theoretical, doctrinal, sociolegal and comparative perspectives, the volume is essential reading for those new to and established in the field.’ -- Rosalind Dixon, University of New South Wales, Australia‘This excellent collection shines a bright light onto issues of method in public law research. It is a hugely useful and welcome contribution to the field, and is a “must-read” for anyone engaging seriously with the question of how we know what we think we know.’ -- Simon Halliday, University of Strathclyde, UKTable of ContentsContents: List of contributors vii 1 Introduction to Researching Public Law in Common Law Systems 1 Paul Daly and Joe Tomlinson PART I THE TRADITIONAL 2 History to Understand, and History to Reform, English Public Law 25 J.W.F. Allison 3 Interpretive Theory in Public Law 58 Farrah Ahmed and Adam Perry 4 Mapping Doctrinal Methods 70 Jason NE Varuhas PART II THE INSTITUTIONAL 5 Researching Public Law and the Administrative State 105 Paul Daly and Joe Tomlinson 6 Public Law and Legislative Studies 118 Louise Thompson 7 Studying Judicial Decision-making 136 Emmett Macfarlane PART III THE TECHNICAL 8 Comparative Public Law 151 Theunis Roux 9 Mapping the Theoretical Turn in British Public Law Scholarship 175 Samuel Tschorne and Martin Loughlin vi Researching public law in common law systems 10 Public Law and Empirical Legal Research 207 Sarah Nason PART IV THE CRITICAL 11 Marxism and Public Law 231 Paul O’Connell 12 But Interrupting the Flow … Socio-Legal Approaches to Public Law 251 Helen Carr and Ed Kirton Darling 13 Public Law in Indigenous Contexts: Indigenous Law in the Contexts of Public Law 270 Janna Promislow Index 294
£105.00
Edward Elgar Publishing Ltd Legitimacy and Effectiveness of ESMA’s Soft Law
Book SynopsisThis timely book explores pertinent questions around the legitimacy and effectiveness of EU agencies‚Äô soft law, with a particular focus on the European Securities and Markets Authority (ESMA). It examines the variety of ESMA‚Äôs existing and newly granted soft law-making powers, which were intended to deal with the lack of effectiveness of its predecessor but are now called into question due to the ‚Äòhard‚Äô effect of these soft laws.Built on a combination of theoretical analysis and first-hand practical experience, Marloes van Rijsbergen tests the framework for each category of ESMA‚Äôs soft law instruments at each stage of the policy cycle, demonstrating that the framework can be applied to other EU agencies with similar soft law-making powers. This unique framework assesses which procedural and institutional safeguards regarding EU agencies' soft law would reflect an adequate balancing of both legitimacy and effectiveness concerns.Comprehensive yet accessible, this book will be a key resource for students and scholars of EU financial law, constitutional law, public administration and governance. Providing an evaluation of the legal nature of ESMA‚Äôs soft law acts in the context of the financial sector, it will also prove valuable for practitioners, compliance officers and parties establishing other EU agencies.Trade Review‚ÄòVan Rijsbergen makes a crucial contribution to the research on EU agencies and EU soft law. Adopting a much-needed empirical approach, her book makes important recommendations allowing a balance to be struck between legitimacy and effectiveness in soft-law making and application. As the field is currently subject to increasing litigation, the book is a must read not only for academics, but also for policy-makers, administrators, judges, and lawyers at all levels of governance.‚Äô -- ‚Äì Oana Stefan, Kings College London, UK‚ÄòThis book provides unique insights into the role soft rule-making plays within the framework of one of the most important EU regulatory agencies. It offers an in-depth and comprehensive study of this role at the decision-making, transposition, implementation and enforcement levels, drawing on findings gained by the author in ESMA‚Äôs daily practice. It presents highly relevant conclusions surrounding the current balance of effectiveness gains and legitimacy concerns regarding increased soft law-making within ESMA, making recommendations for improvement.‚Äô -- ‚Äì Linda Senden, Utrecht University, the NetherlandsTable of ContentsContents: 1. Setting the scene 2. Guiding principles for EU agencies’ soft law-making 3. Defining the legal basis for ESMA’s soft law-making powers 4. Initiation of ESMA’s soft law-making powers 5. ESMA’s decision-making process 6. Transparency with regard to ESMA’s soft law instruments 7. Transposition of ESMA’s soft law instruments 8. Compliance with ESMA’s soft law instruments 9. Enforcing ESMA’s soft law instruments vis-à-vis national authorities 10. Reviewing ESMA’s soft law instruments 11. Conclusions and recommendation Bibliography Index
£111.00
Beard Books Admiralty and Maritime Law Volume 2
£56.00
Oxford University Press Inc Social Media Freedom of Speech and the Future of
Book SynopsisTrade ReviewThis book is strongly recommended for those interested in the intersection of social media and politics and for instructors looking for readily comprehensible articles for their upper-division courses. * J. McQuiston, CHOICE *In this elegant volume, equally valuable to specialists and lay readers, two lifelong scholars of First Amendment jurisprudence gather an array of experts to explore the problems presented by digital technology and their possible solutions. * Jessica T. Mathews, Foreign Affairs *Lee Bollinger and Geoffrey Stone have done a great public service by assembling this extraordinary group of contributors to think through the risks to democracy posed by social media and the internet. Protecting our constitutional traditions, in the face of seismic technological change, and the unmooring of democratic foundations is one of the greatest challenges of our times. Yet, what emerges from this volume's thoughtfully constructed collection of essays, and the hard choices made by a commission tasked with synthesizing the many perspectives presented here, is invaluable guidance for what must be done now if we are to preserve meaningful public discourse and our democracy. The fact that so many distinguished leaders from government, academia, the tech industry, and journalism devoted their time to this project underscores the urgent need to chart a new course. * Valerie Jarrett, Former Senior Advisor to the President of the United States *I can think of no better introduction to the highly consequential question of regulating speech on social media. Bollinger and Stone have assembled an outstanding array of authors who, with clarity, felicity, and deep knowledge, cover the many facets of this pressing problem. * Robert Post, , Sterling Professor of Law, Yale Law School *Events in recent years have made plain the challenges that social media platforms present to our democracy-harmful speech, divisive speech, misinformation, foreign interference, and more. The First Amendment stands as both an ideal and a potential obstacle in addressing these challenges. Bollinger and Stone have enlisted an extraordinary array of leading experts to tackle these issues from all angles. This volume is invaluable for understanding and charting the future of American democracy. * Jack Goldsmith, Learned Hand Professor of Law, Harvard University *Table of ContentsAcknowledgments List of Contributors Opening Statement Lee C. Bollinger and Geoffrey R. Stone Regulating Harmful Speech on Social Media: The Current Legal Landscape and Policy Proposals Andrew J. Ceresney, Jeffrey P. Cunard, Courtney M. Dankworth, and David A. O'Neil Part One: An Overview of the Problem 1 Social Media and First Amendment Fault Lines David A. Strauss: 2 A Deliberate Leap in the Opposite Direction: The Need to Rethink Free Speech Larry Kramer: 3 The Disinformation Dilemma Emily Bazelon: 4 A Framework for Regulating Falsehoods Cass R. Sunstein: Part Two: Reforming Section 5 The Free Speech Industry Mary Anne Franks: 6 The Golden Era of Free Speech Erwin Chemerinsky and Alex Chemerinsky: 7 Section 230 Reforms Sheldon Whitehouse: Part Three: Content Moderation and the Problem of Algorithms 8 Algorithms, Affordances, and Agency Renée DiResta: 9 The Siren Call of Content Moderation Formalism evelyn douek: 10 Free Speech on Public Platforms Jamal Greene: 11 The Limits of Antidiscrimination Law in the Digital Public Sphere Genevieve Lakier: 12 Platform Power, Online Speech, and the Search for New Constitutional Categories Nathaniel Persily: 13 Strategy and Structure: Understanding Online Disinformation and How Commitments to "Free Speech" Complicate Mitigation Approaches Kate Starbird: Part Four: Other Possible Reforms 14 To Reform Social Media, Reform Informational Capitalism Jack M. Balkin: 15 Follow the Money, Back to Front Yochai Benkler: 16 The First Amendment Does Not Protect Replicants Lawrence Lessig: 17 Social Media, Distrust, and Regulation: A Conversation Newton N. Minow, Nell Minow, Martha Minow, and Mary Minow: 18 Profit Over People: How to Make Big Tech Work for Americans Amy Klobuchar: Report of the Commission Katherine Adams, Martin Baron, Lee C. Bollinger, Hillary Clinton, Jelani Cobb, Russ Feingold, Christina Paxson, Geoffrey R. Stone Concluding Statement Lee C. Bollinger and Geoffrey R. Stone Notes Index
£999.99
Cambridge University Press Lawful by Design
Book SynopsisIn recent years, the procedural rules of global governance institutions have come under scrutiny from scholars worldwide and have been conceptualized as akin to domestic administrative law. However, one question has so far not been addressed: who shapes this procedure and why? In the present work, Isabel Lischewski develops a simple matrix connecting procedure and state interest. When this matrix is applied to a sample of forty diverse institutions, fascinating patterns emerge, which are further explored through in-depth case studies. It is shown that states prefer to balance sovereignty preservation through procedure with the costs it entails. Thus, normative considerations are not the predominant basis on which this procedure is designed. The research provides original insights into the landscape of global governance procedure and cautions against a notion of apolitical administration law.Table of ContentsList of figures; Acknowledgements; Notes on the Text; List of Abbrevations; 1. Introduction; 2. Theoretic Background and Methodology; 3. Analyzing The Data; 4. Designed to Serve but Destined to Fail? Conclusions and the Way Forward; Appendix 1. Codebook; Appendix 2. Sample; Bibliography; Index.
£32.32
Routledge Child Welfare and Rights
a huge range and FREE tracked UK delivery on ALL orders.
£43.69
Liberty Fund Inc Introduction to the Study of the Law of the
Book Synopsis
£10.95
Liberty Fund Inc Reason of Rules Constitutional Politics Economy
Book Synopsis
£17.95
Liberty Fund Inc Founders Constitution Volume 2
Book SynopsisOriginally published to commemorate the bicentennial of the United States Constitution, The Founders'' Constitution is arguably the most important of all resources on the principles of the Framers of the American republic. As the editors explain, the work consists of extracts from the leading works of political theory, history, law, and constitutional argument on which the Framers and their contemporaries drew and which they themselves produced. The documentary sources and inspirations reach to the early seventeenth century and extend through those Amendments to the Constitution that were adopted by 1835 -- that is, through the end of the era of Chief Justice John Marshall of the United States Supreme Court. This set includes: Volume 1: Major Themes by Ralph Lerner; Volume 2: The Preamble Through Article 1, Section 8, Clause 4; Volume 3: Article 1, Section 8, Clause 5, Through Article 2, Section 1; Volume 4: Article 2, Section 2, Through Article 7; Volume 5: Amendments I Through XII.
£10.95
Liberty Fund Inc Founders Constitution Volume 4
Book SynopsisOriginally published to commemorate the bicentennial of the United States Constitution, The Founders'' Constitution is arguably the most important of all resources on the principles of the Framers of the American republic. As the editors explain, the work consists of extracts from the leading works of political theory, history, law, and constitutional argument on which the Framers and their contemporaries drew and which they themselves produced. The documentary sources and inspirations reach to the early seventeenth century and extend through those Amendments to the Constitution that were adopted by 1835 -- that is, through the end of the era of Chief Justice John Marshall of the United States Supreme Court. This set includes: Volume 1: Major Themes by Ralph Lerner; Volume 2: The Preamble Through Article 1, Section 8, Clause 4; Volume 3: Article 1, Section 8, Clause 5, Through Article 2, Section 1; Volume 4: Article 2, Section 2, Through Article 7; Volume 5: Amendments I Through XII.
£10.95
Liberty Fund Inc Raoul Berger DVD
Book SynopsisRaoul Berger was a scholar of constitutional law who defended the doctrine of originalism. His thought is set in the context of his life, from Russian emigre in Chicago to musician, to his examinations of the legal underpinnings of a free society. This program combines original footage of his life, his personal reflections, and commentary.
£21.69
Liberty Fund Inc Roots of Liberty
Book Synopsis
£8.95
Oratia Media Parliamentary Practice in New Zealand
Book Synopsis
£46.39
Cambridge University Press Government Accountability Sources and Materials
a huge range and FREE tracked UK delivery on ALL orders.
£80.74
Cambridge University Press The Cambridge Constitutional History of the United Kingdom Volume 2 the Changing Constitution
a huge range and FREE tracked UK delivery on ALL orders.
£95.00
Cambridge University Press The Cambridge Constitutional History of the United Kingdom Volume 1 Exploring the Constitution
a huge range and FREE tracked UK delivery on ALL orders.
£999.99
Cambridge University Press Private Law
Book SynopsisThe relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law reasoning to operate in isolation from public institutions and goals. Commencing with three contrasting visions of the nature and importance of distinctions between public and private in the modern day, this book traces a number of encounters between private law and ''public'' values in key areas of private law doctrine, such as charity law, commercial law, tort law and class actions, across several jurisdictions. It examines the influence within these fields of public concepts and goals, such as behavioural modification, accountability and anti-discrimination norms, as well as the (reverse) influence that private law has upon (''public'') human rights jurisprudence.Table of ContentsPart I. Introduction: 1. Private law: key encounters with public law Kit Barker and Darryn Jensen; Part II. Private and Public: Definitions, Theory and Taxonomy: 2. Public and private: neither deep nor meaningful William Lucy and Alexander Williams; 3. Courts as public authorities, private law as instrument of government Steve Hedley; 4. Origins of the public/private theory of legal systems Christian Turner; Part III. Private and Public: Key Encounters: 5. What is the point of charity law? Matthew Harding; 6. Public benefit, discrimination and the definition of charity Adam Parachin; 7. Private law and its normative influence on human rights Michelle Flaherty; 8. The synthesis of public and private in finance law Alastair Hudson; 9. Discerning public law concepts in corporate law discourse Anita Krug; 10. A public role for the intentional torts Dan Priel; 11. Cy-près as a class action remedy – justly maligned or just misunderstood? Jeff Berryman and Robyn Carroll.
£999.99
Cambridge University Press Law and Administration
Book SynopsisA well-known text, this book aims to help students not just of law, but also of sociology, economics and politics, to understand administrative law in action, and includes case studies to help students understand law in its socio-political context.Trade Review'From its first edition in 1984, this book has deliberately provoked lawyers to venture beyond their doctrinal bubbles: it truly is the leading work on law and administration. Its coverage of legal doctrine is vast, its sense of where the law has come from and where it is heading has always been unerring, and above all, its research into the effects of administration upon law (and vice versa) is dazzling. This new edition has been radically rewritten, including (for example) new material on the UK post-Brexit, governing in a pandemic, and computerised decision-making and rule-making in the era of artificial intelligence.' Mark Aronson, Emeritus Professor in the Faculty of Law and Justice, University of New South WalesTable of Contents1. The State and Administrative Law; 2. Changing the Mindset; 3. State of Change; 4. Transforming Judicial Review; 5. Making the Law; 6. Discretion and Rules; 7. The Information State; 8. A Regulatory Laboratory; 9. Regulatory Look: Agency Development and Accountability; 10. Contractual Revolution; 11. Contract, Contract, Contract; 12. 'Golden Handshakes': Liability and Compensation; 13. Growing a Complaints Service; 14. Tribunals and Administrative Justice; 15. The Public Inquiry: Investigation and Accountability; 16. Procedural Review in Question; 17. Testing Ground: Legality, Process and Substance; 18. Judicial Review Litigation: Equalities Focus; 19. Judicial Review Process and Impact.
£104.50
Cambridge University Press Unraveled Obamacare Religious Liberty and Executive Power
Book SynopsisSix years after its enactment, Obamacare remains one of the most controversial, divisive, and enduring political issues in America. In this much-anticipated follow-up to his critically acclaimed Unprecedented: The Constitutional Challenge to Obamacare (2013), Josh Blackman argues that, to implement the law, President Obama has broken promises about cancelled insurance policies, exceeded the traditional bounds of executive power, and infringed on religious liberty. At the same time, conservative opponents have stopped at nothing to unravel Obamacare, including a three-week government shutdown, four Supreme Court cases, and fifty repeal votes. This legal thriller provides the definitive account of the battle to stop Obamacare from being 'woven into the fabric of America'. Unraveled is essential reading to understand the future of the Affordable Care Act in America's gridlocked government in 2016, and beyond.Trade Review'Obamacare has remarkably, if perversely, made American political discourse more interesting. It has stimulated braided debates about the proper scope and actual competence of government, about the role of the judiciary in supervising democratic processes, and about how religious liberty becomes a casualty of 'comprehensive' social legislation enlarging the entitlement state. Josh Blackman, who has been immersed in all this as a scholar and participant, gives readers an invaluable inside tour of an ongoing controversy.' George F. Will, newspaper columnist and political commentator'Josh Blackman has written a thorough and engaging account of the political and legal issues surrounding Obamacare. This book is a must-read for all who are interested in the history of the Obama presidency and especially of its most important legislative accomplishment. Blackman presents the conservative perspective but he is even-handed, and all, including those (like me) who disagree with him, will learn a great deal from reading this book.' Erwin Chemerinsky, University of California, Irvine School of Law'Health care involves some of the most personal and - to many people - sacred and spiritually significant issues of life and death. So it is no surprise that an attempt by government to standardize health care coverage for all Americans would raise a host of issues of conscience, choice, and conviction. Josh Blackman's new book Unraveled chronicles the legal struggles over these issues in a fair, complete, and immensely readable narrative. Three things are certain: death, taxes, and that these conflicts are far from over. This book will help us all to understand the stakes and the arguments.' Michael W. McConnell, Stanford University Law School, California'Even-keeled and exhaustive, Blackman's Unraveled offers the consummate insider's take on the titanic legal struggles at the Supreme Court over the future of health reform. It is an indispensable resource and a gripping read.' Nicholas Bagley, University of Michigan Law School'Josh Blackman continues to bring a gimlet eye to the legal controversies surrounding the Affordable Care Act. He combines a careful, even meticulous attention to detail with a grasp of the important issues at stake. Even people who paid close attention to the debate will find much to learn from Unraveled.' Ramesh Ponnuru, senior editor, National Review'Blackman argues that to implement 'Obamacare,' President Obama has broken promises about cancelled insurance policies, exceeded the traditional bounds of executive power, and infringed on religious liberty.' Law and Social InquiryTable of ContentsPrologue; Part I. The Promise of Obamacare: 1. 'If you like your insurance, you can keep your insurance'; 2. Federal and state exchanges; 3. Life and religious liberty; Part II. Conscience and Contraception: 4. The contraception mandate; 5. Election slowdown; 6. Faith in the courts; Part III. Shutdown: 7. Exchanges 'established by the state'; 8. Tea party summer; 9. 'Train wreck'; 10. Filibuster; Part IV. Obamacare Unravels: 11. Lights out; 12. Canceled; 13. Government by blog post; 14. Crashing into the deadline; Part V. Religious Liberty: 15. New year's resolution; 16. Substantial burden; 17. 'Glitch'; 18. Between two ferms; 19. Corporate prayer; 20. Notorious RBG; Part VI. Nuclear Fallout: 21. Circuit split; 22. Dueling petitions; 23. 'So sue me'; Part VII. Subsidizing Obamacare: 24. #GruberGate; 25. King v. Burwell; 26. Gridlock; 27. 'Unravel what's now been woven into the fabric of America'; 28. 'Improve health care markets, not destroy them'; Part VIII. The Nuns: 29. Make health care great again; 30. Short-handed court; 31. 'Hijacked'; 32. 'Accommodation'; Epilogue.
£32.29
Cambridge University Press Syria the Strength of an Idea
Book SynopsisThe Syrian crisis has confounded political leaders and experts who forecast a rapid fall of the regime. This monumental error of interpretation has had tragic consequences for the unfolding of the crisis and its slide into a frightful civil war with regional and international ramifications. This book looks at Syrian reality in a new light. By analysing twenty-five constitutions and constitutional texts and proposing an innovative classification of the different political regimes that have shaped Syria over the last one hundred years, the author retraces the country''s intense history and the persistence of a Syrian model defined by the Founding Fathers. If, on emerging from this war, Syria maintains its unity and gives itself a democratic regime reflecting its society, then the concept of Syria may find a new lease of life and Syria will once again be perceived as an idea full of promises.Table of ContentsIntroduction; 1. The Syrian question; Part I. Parliamentary Constitutions and Liberal Regimes: 2. The Syrian monarchy; 3. The First Republic; 4. The Second Republic; Part II. Presidential Constitutions and Authoritarian Regimes: 5. The Third Republic; 6. The Fourth Republic; 7. The pan-Arab constitutions; 8. Towards the Fifth Republic; 9. Towards the Sixth Republic; Conclusion.
£69.35
Cambridge University Press Courts and Democracies in Asia
Book SynopsisWhat is the relationship between the strength of a country''s democracy and the ability of its courts to address deficiencies in the electoral process? Drawing a distinction between democracies that can be characterised as ''dominant-party'' (for example Singapore, Malaysia, and Hong Kong), ''dynamic'' (for example India, South Korea, and Taiwan), and ''fragile'' (for example Thailand, Pakistan ,and Bangladesh), this book explores how democracy sustains and is sustained by the exercise of judicial power. In dominant-party systems, courts can only pursue ''dialogic'' pathways to constrain the government''s authoritarian tendencies. On the other hand, in dynamic democracies, courts can more successfully innovate and make systemic changes to the electoral system. Finally, in fragile democracies, where a country regularly oscillates between martial law and civilian rule, their courts tend to consistently overreach, and this often facilitates or precipitates a hostile take-over by the armedTrade Review'Po Jen Yap's new book is a must-read in the growing literature on the role of constitutional courts in democratic stabilization. Its fine-grained analyses demonstrates that the political power and vulnerability of courts in protecting democratic processes as well as their own independence is not fixed or prescribable in the abstract, but varies with the state of democratization and party contestation in which they operate.' Stephen Gardbaum, MacArthur Foundation Professor of International Justice and Human Rights, University of California, Los Angeles'A fascinating tour through the fraught relations between courts and political power. Professor Yap provides a nuanced account of how constitutional courts in Asia balance precariously between semi-authoritarian dominant regimes and the live wire of electoral politics. A magnificent, sophisticated contribution that enriches our understanding of judicial politics in an era of weak democratic institutions.' Samuel Issacharoff, Reiss Professor of Constitutional Law, New York University'Po Jen Yap's analysis of the role of Asian courts in three types of democracies illuminates how the possibilities for effective judicial action in connection with major political issues varies according to the type of democracy in which the courts are located. It is an important contribution to the project of integrating comparative constitutional law with comparative political studies.' Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard University, Massachusetts'Professor Yap's elegant, concise book is an important contribution to comparative constitutional studies … Yap's book is a major advance in integrating Asian constitutionalism into comparative constitutionalism more generally and into the comparative law of democracy in particular.' Richard H. Pildes, ICONTable of Contents1. Introduction; Part I. Dominant-Party Democracies: 2. Supreme Court of Singapore and the promise of enforceable constitutional conventions; 3. Malaysian courts and electoral fraud; 4. Hong Kong Courts and constitutional contradictions; Part II. Dynamic Democracies: 5. Supreme Court of India and criminality in politics; 6. Constitutional court of Taiwan and calibrated judicial review; 7. Constitutional court of Korea and systemic electoral barriers; Part III. Fragile Democracies: 8. Constitutional court of Thailand and partisan judges; 9. Supreme Court of Pakistan: accommodation and defiance of military authority; 10. Supreme Court of Bangladesh and defensive judicial review; Part IV. Democratic Values and Courts in Comparative Perspective: 11. Democratic values and the conundrum of unconstitutional constitutional amendments; 12. Conclusion; Bibliography; Index.
£99.75
Cambridge University Press National Security Secrecy
Book SynopsisExcessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.Trade Review'An illuminating discussion of the costs of secrecy and how Congress and the Courts have condoned such an anti-democratic state of affairs. Its attention to how European courts and institutions have more vigourously challenged governmental claims of secrecy is exceptional.' Kent Roach, Professor of Law and Chair in Law and Public Policy, University of Toronto'With insightful analysis, Sudha Setty demonstrates how the misuse of secrecy by governments in the United States and other countries has done serious damage to individual rights, democratic values, and the rule of law. We need to restore legislative and judicial checks on misleading executive assertions.' Louis Fisher, Scholar in Residence, The Constitution Project'Sudha Setty writes with remarkable dexterity about the exponential increase in the powers of the state to remain secret while enhancing national security regimes in the war against terror. Setty gives a comprehensive account of how national security secrecy is enabled legally and politically in contemporary democracies at the expense of structural accountability, rule of law and fundamental rights.' Ujjwal Kumar Singh, University of DelhiTable of ContentsIntroduction; Part I. The Infrastructure of Secrecy in the United States: 1. Executive branch secrecy; 2. Congressional complicity; 3. An overly deferential judiciary; Part II. Comparative Perspectives on Transparency: 4. International and supranational norms; 5. The United Kingdom; 6. India; Part III. Societal Tolerance for National Security Secrecy: 7. Public and political resilience; 8. Individual privacy and secrecy: a matter of contract or a human right?; Conclusion.
£29.44
Cambridge University Press The Foundations of Australian Public Law
Book SynopsisIn The Foundations of Australian Public Law, Anthony J. Connolly brings together the two traditionally discrete areas of constitutional and administrative law to present Australian public law as a single, integrated body.Table of Contents1. Introduction: what is Australian public law?; 2. Constitution I: the history of the Australian state; 3. Constitution II: the structure of the Australian state; 4. Legitimation: justifying state power; 5. Legislation: making and unmaking law; 6. Administration: governing lawfully; 7. Adjudication: delimiting state power; 8. Validation: reviewing state action; 9. Protection: human rights and Australian public law; 10. Direction: future trends in Australian public law.
£77.90
Cambridge University Press Reasoned Administration and Democratic Legitimacy
Book SynopsisReasoned Administration and Democratic Legitimacy: How Administrative Law Supports Democratic Government explores the fundamental bases for the legitimacy of the modern administrative state. While some have argued that modern administrative states are a threat to liberty and at war with democratic governance, Jerry L. Mashaw demonstrates that in fact reasoned administration is more respectful of rights and equal citizenship and truer to democratic values than lawmaking by either courts or legislatures. His account features the law''s demand for reason giving and reasonableness as the crucial criterion for the legality of administrative action. In an argument combining history, sociology, political theory and law, this book demonstrates how administrative law''s demand for reasoned administration structures administrative decision-making, empowers actors within and outside the government, and supports a complex vision of democratic self-rule.Trade Review'Reacting to the increasing tide of assaults on administrative law's legitimacy, Professor Mashaw, this generation's most distinguished scholar of the subject, finds in the centrality of required reason-giving a compelling response. Like its predecessors in analysis, wisdom and insight, this is a book to treasure.' Peter L. Strauss, Betts Professor of Law Emeritus, Columbia Law School, New York'A masterpiece, defending a bold claim: reason-giving lies at the heart of the legitimisation of public power. Mashaw has provided the authoritative treatment of what may be the most important issue of our age.' Cass R. Sunstein, Robert Walmsley University Professor, Harvard University, Massachusetts'With Reasoned Administration and Democratic Legitimacy, Jerry L. Mashaw demonstrates again why he's one of the most accomplished and influential public law scholars in the world. By carefully exploring the vital and often misunderstood connection between American democracy and the administrative state, Mashaw makes lasting contributions to our understanding of both, at a moment in history when we especially need that.' Mariano-Florentino Cuéllar, Former Stanley Morrison Professor of Law, Stanford Law School, CaliforniaTable of Contents1. Why reasons; 2. The rise of reason giving; 3. Reasons, reasonableness and accountability in American administrative law: the basic legal framework; 4. Reasonableness, accountability and the control of administrative policy; 5. Reasons, reasonableness and judicial review; 6. Reasons, administration and politics; 7. Reasoned administration and democratic legitimacy; 8. Reason and regret.
£25.64
