Constitutional law and human rights Books
HarperCollins How Rights Went Wrong
Book SynopsisAMERICAN ASSOCIATION OF PUBLISHERS PROSE AWARD FINALIST “Essential and fresh and vital . . . It is the argument of this important book that until Americans can reimagine rights, there is no path forward, and there is, especially, no way to get race right. No peace, no justice.”—from the foreword by Jill Lepore, New York Times best-selling author of These Truths: A History of the United States An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. You have the right to remain silent—and the right to free speech. The right to worship, and to doubt. The right to be free from discrimination, and to hate. The right to life, and the right to own a gun. Rights are a sacred part of American identity. Yet they also are the source of some of our greatest divisions. We belie
£14.39
The University of Michigan Press Baby Ninth Amendments
Book SynopsisTells the story of how the ‘Baby Ninths’ came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated.Trade Review“More exploration of state constitutional rights is needed as state constitutions often provide for greater rights than the U.S. Constitution. This book helps fill that gap in analyzing unenumerated rights, originally promulgated by James Madison with the adoption of the Ninth Amendment.” —Brian Craig, Purdue University Global“By accomplishing the important task of illustrating and assembling an impressive body of material on the nature and existence of unenumerated rights provisions in State constitutions, Baby Ninth Amendments is recommended reading for those seeking to understand the legal bases for many of Americans’ basic freedoms.” —Michael A. Lawrence, Michigan State University College of LawTable of Contents Introduction Chapter 1: The Path to Judicially Enforceable Unenumerated Rights Chapter 2: The Growth of Baby Ninths Before the Civil War Chapter 3: Baby Ninths from the Civil War to Today Chapter 4: Judges (Mostly) Haven’t Agreed Chapter 5: What do Baby Ninths Mean? Chapter 6: What Individual Rights do Baby Ninths Protect? Afterword: What do Baby Ninths Tell Us?
£24.71
Penguin Random House India We The People
Book Synopsis
£15.29
MP-KAN Uni Press of Kansas To Trust the People with Arms The Supreme Court
Book SynopsisExplores the remarkable and complex legal history of how the right to bear arms was widely accepted during the US’s founding, was near extinction in the late twentieth century, and is now experiencing a rebirth in the Supreme Court in the twenty-first century.Trade ReviewTwo of the leading Second Amendment scholars in the nation, Robert Cottrol and Brannon Denning bring their deep expertise to this rich, detailed history of the right to bear arms. To Trust the People with Arms shows how gun rights took root and developed, from the Revolutionary era to the US Supreme Court’s 2008 decision in the Heller case—despite being abused by racists and misunderstood by others." - Adam Winkler, Connell Professor of Law at UCLA and author of We the Corporations: How American Businesses Won Their Civil Rights and Gunfight: The Battle over the Right to Bear Arms in AmericaTable of Contents Acknowledgments Introduction 1. Constitutional Predicates 2. “Negro Laborers,” “Low-Browed Foreigners,” and the “Efficiency of a Well-Regulated Militia” 3. Arms, War, and law in the American Century 4. From Causal Acceptance to Virtual Desuetude 5. Shifting Tides 6. One Case, Many Controversies 7. A Silence Broken 8. McDonald 9. Bruen, An Unanticipated Epilogue Notes Bibliographic Essay Index
£44.25
Bloomsbury Publishing PLC Parliament and the Law
Book SynopsisThe third edition of Parliament and the Law presents a timely and valuable resource covering recent developments. Brexit, the #MeToo movement, and the COVID-19 pandemic all presented Parliament with a series of challenges. This edition includes new chapters on Brexit, legislation and scrutiny, the restoration and renewal of the Palace of Westminster treaty scrutiny, votes of confidence and the Fixed Term Parliament Act, and the financing of Parliament. This is a multi-disciplinary work authored by lawyers, political scientists, parliamentary officials, and practitioners and is supported by the Study of Parliament Group (SPG).Trade ReviewAnother useful volume in a highly useful series … an enormously valuable contribution. -- Daniel Greenberg * Statute Law Review *Table of ContentsForeword Cristina Leston-Bandeira (University of Leeds, UK) Introduction Alexander Horne (Hackett and Dabbs LLP, UK), Louise Thompson (University of Manchester, UK) and Ben Yong (Durham University, UK) Part 1: Internal Affairs 1. Privilege, Exclusive Cognisance and the Law Eve Samson (House of Commons, UK) 2. The Law and Conduct of Members of Parliament Hannah White (Institute for Government, UK) 3. Paying for Parliament Colin Lee (House of Commons, UK) and Ben Yong (Durham University, UK) 4. Restoration and Renewal of the Palace of Westminster: A Parliamentary Governance Challenge Alexandra Meakin (University of Manchester, UK) Part 2: Holding the Government to Account 5. Parliament and Legislative Scrutiny: Lessons from Brexit and Covid-19 Louise Thompson (University of Manchester, UK) 6. Select Committees: Powers and Functions Christopher Johnson (House of Lords, UK) 7. Parliament’s Engagement with Treaties Arabella Lang (Public Law Project, UK) and Mario Mendez (Queen Mary University of London, UK) 8. Votes of Confidence and the Fixed Term Parliament Act Lord Norton (University of Hull, UK) Part 3: Parliament and Brexit 9. Brexit, Parliament and the Courts – Towards a New Relationship? Alison Young (University of Cambridge, UK) 10. Parliament and Brexit: Scrutiny under Pressure Alexander Horne (Hackett and Dabbs LLP, UK) and Jack Simson Caird (House of Commons Justice Committee, UK) Part 4: Parliament, Rights, and Devolution 11. Parliament and Human Rights Eleanor Hourigan (Joint Committee on Human Rights, UK), Alexander Gask (Joint Committee on Human Rights, UK) and Samantha Granger (Joint Committee on Human Rights, UK) 12. Ten Myths about Parliamentary Sovereignty Richard Ekins (University of Oxford, UK) and Graham Gee (University of Sheffield, UK) 13. Parliament Accountability for the Administration of Justice Gavin Drewry (Royal Holloway, University of London, UK) 14. Devolution Phil Larkin (House of Commons Public Administration and Constitutional Affairs Committee, UK), Patrick Thomas (House of Commons, UK) and Graeme Cowie (House of Commons Library, UK)
£90.25
Bloomsbury Publishing PLC A Constitutionalist Approach to the European
Book SynopsisThis book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR’s constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.Table of ContentsPART I FUNDAMENTALS 1. On the Concepts of Law and Human Rights I. The Dual Nature of Law II. The Concept of Human Rights 2. A New Concept of Evolutive and Static Interpretation I. Evolutive Interpretation Within a Normative Theory of Interpretation II. Evolutive Interpretation as an Element of the Time Dimension of Interpretation III. Static Interpretation as the Parameter for Evolutive Interpretation 3. The Legitimacy of Evolutive Interpretation Revisited I. Evolutive Interpretation and the ECHR II. Evolutive Interpretation and the Vienna Convention on the Law of Treaties III. Evolutive Interpretation and General Principles of International Law 4. The Criticism against Evolutive Interpretation Revisited I. Democratic Legitimacy of Evolutive Interpretation II. Sovereignty III. Rule of Law PART II THE ECHR CONSTITUTION 5. The Argument of Constitutionalism I. Constitutionalism in the International Realm II. Cosmopolitan Constitutionalism III. Deliberative or Discursive Constitutionalism 6. The Constitutional Nature of the ECHR I. The Constitutional Status of the ECHR’s Judicial Review Mechanism II. Locating the ECHR in the International Constitutionalism Debate 7. Three Basic Constitutional Principles of the ECHR I. The Three Pillars of the Council of Europe as Constitutional Principles II. The Ideal and Real Dimension in the ECHR III. Time Dimension of Interpretation and the Dual Nature of the ECHR PART III BALANCED LEGITIMACY MODEL 8. Setting the Scene for Balancing at the Interpretation Stage I. The Distinction between Rules and Principles II. Connecting Static and Evolutive Interpretation to Formal and Material Principles III. Balancing in the Different Stages of Law Application IV. Balancing of Interpretive Canons 9. The Balancing Model for Evolutive and Static Interpretation I. Basic Ideas on the Balancing Model II. Critical Aspects of Balancing in Human Rights Interpretation III. Internal Structure of the Balancing Model IV. Weight Formula 10. External Justification I. How to Accord Weights in the ECHR? II. Weighting Rules in the Time Dimension of Interpretation III. The Epistemic Reliability of the Underlying Premises PART IV THE BALANCED LEGITIMACY MODEL APPLIED 11. The Right to Divorce I. Facts of the Case II. Time Dimension of Interpretation III. The ECtHR’s Reasoning IV. The Balancing of Static and Evolutive Interpretation V. The Legitimacy of the Evolutive Approach to Interpretation 12. The Right to Assisted Suicide I. Facts of the Case II. Time Dimension of Interpretation III. The ECtHR’s Reasoning IV. The Balancing of Static and Evolutive Interpretation V. The Legitimacy of the Static Approach to Interpretation 13. The Right to Preservation of the Environment I. Facts of the Case II. Time Dimension of Interpretation III. The ECtHR’s Reasoning IV. The Balancing of Static and Evolutive Interpretation V. A Stalemate Case
£85.50
Bloomsbury Publishing PLC Article 47 of the EU Charter and Effective Judicial Protection, Volume 2: The National Courts’ Perspectives
Book SynopsisThis ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU’s judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In the second volume an expert team explores how the national courts have applied Article 47 and the principle of effective judicial protection. It takes a comparative overview of the case law to assess the level of convergence (or divergence) of the national courts’ approaches. The questionnaire methodology allows for an accurate charting of national courts’ application of Article 47 at the domestic level. Given the wide application of Article 47, the collection will be of interest to EU constitutional scholars, comparative lawyers, as well as civil servants at both the national and EU level.
£85.50
Bloomsbury Publishing PLC Common Law Constitutional Rights
Book SynopsisThere is a developing body of legal reasoning in the United Kingdom Supreme Court in which members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. Their calls for a shift in legal reasoning have created a sense amongst both scholars and the judiciary that something significant is happening. Yet despite renewed academic and judicial interest we have limited insight into what common law constitutional rights we have, how they work and what they offer. This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. It therefore contributes not only to our understanding of what the common law might be capable of offering in terms of the protection of rights, but also to our understanding of the nature of the constitutional order of which such rights are an integral part.Trade ReviewMark Elliott and Kirsty Hughes have done a marvellous job as editors, both in framing the book’s agenda and then, having recruited first class contributors, allowing them to speak for themselves … All the chapters in this book are to be recommended: their capacity to enlighten ranges well beyond the immediate remit into the much wider fields of constitutional and administrative law (and even a little bit of philosophy). -- Conor Gearty * Modern Law Review *In a time where the Human Rights Act remains under threat from a hostile government, it is right that we take seriously the judiciary’s suggestion that the common law can provide the necessary protection of fundamental liberties. While this volume appears sceptical about the law’s current ability to do so, each and every essay is a valuable contribution to this debate, which one suspects will continue to rage on for some time. -- David Blair * Edinburgh Law Review *Table of Contents1. The Nature and Role of Common Law Constitutional Rights Mark Elliott and Kirsty Hughes PART I THE CONTENT OF COMMON LAW CONSTITUTIONAL RIGHTS 2. The Mythology and the Reality of Common Law Constitutional Rights to Bodily Integrity Natasa Mavronicola 3. Access to Justice: From Judicial Empowerment to Public Empowerment Se-shauna Wheatle 4. A Constitutional Right to Property? Tom Allen 5. A Common Law Constitutional Right to Privacy – Waiting for Godot? Kirsty Hughes 6. Freedom of Expression and the Right to Vote: Political Rights and the Common Law Constitution Jacob Rowbottom 7. Searching for a Chimera? Seeking Common Law Rights of Freedom of Assembly and Association Gavin Phillipson 8. Equality: A Core Common Law Principle, or ‘Mere’ Rationality? Colm O’Cinneide PART II THE ROLE AND POTENTIAL OF COMMON LAW CONSTITUTIONAL RIGHTS 9. The Fundamentality of Rights at Common Law Mark Elliott 10. Fundamental Common Law Rights and Legislation Alison L Young 11. Common Law Constitutional Rights and Executive Action Joanna Bell 12. Common Law Constitutional Rights at the Devolved Level Brice Dickson 13. The Reach of Common Law Rights Thomas Fairclough
£56.49
Nova Science Publishers Inc Religious Liberty and Public Accommodation Laws:
Book SynopsisThe foundational principle of this book is the sacred rights enumerated in the United States Constitution, specifically, in the Firstand Thirteenth Amendments. With the politicization of the LGBTQ movement, concern for these rights have again come to the forefront of American jurisprudence. The rights enumerated in these amendments have frequently been violated by the various states when, in the name of public accommodation laws, they have attempted to force Christian business owners and religious entities to facilitate events, provide services, express opinions, change attitudes, or to enter into associations that violate their religious consciences. The book explores what it means to have free exercise of religion, free speech, and to be free of involuntary servitude in the context of the contending rights claimed by LGBTQ individuals. LGBTQ rights are neither denied nor disparaged, but the author argues that the constitutional rights of religious dissenters should not be denied or disparaged either. He also argues that when constitutional rights clash with statutory obligations, the former always triumphs. This has always been black letter law, and remains so in all cases except those in which LGBTQ rights clash with those of Christians. The book is not just a legal monograph. It engages political, philosophical, and sociological issues such as freedom v. equality, socialism v. republicanism, the liberal-progressive agenda in higher education, and the many benefits Christianity has bestowed on Western civilization. The underlying theme, however, remains, and that theme is that if we lose the freedom of religious conscience which the founding fathers made the "first freedom", we will lose all freedom.Table of ContentsAcknowledgments; Preface; The United States Constitution: Originalism v. Living Document; The Establishment Clause: Ally or Adversary of Religious Liberty?; Religious Liberty: The Free Exercise Clause; Religious Freedom as Freedom of Speech; Religious Liberty and the Legalization of Same-Sex Marriage; Religious Liberty in the Age of LGBTQ Rights; Freedom, Equality, Discrimination, and Involuntary Servitude; Two Iconic Religious Liberty v. Anti-Discrimination Cases; Photographs, Cakes, and Pizzas; Federal Government Animus Toward Religion; Some Important Victories for Religious Liberty; Big Government and its Danger to Freedom; Concluding Remarks on the Battle for Religious Liberty; Index.
£138.39
Hardie Grant Explore Finding the Heart of the Nation 2nd edition: The
Book SynopsisIn this updated edition of the bestselling book, Finding the Heart of the Nation, Aboriginal and Torres Strait Islander author Thomas Mayo gets behind the politics and legal speak to explain why the Uluru Statement from the Heart is an invitation to all Australians. Australia is set to vote on a referendum to enshrine a First Nations voice in the constitution as a result of the 2022 federal election. In this book, Thomas focuses on the stories of First Nations People, including some new voices, looking at the truth of our past and present, and hopes for a better future. Importantly, he shares with you – the Australian public – how we all have the power to make change. The campaign for Voice Treaty Truth, starting with a referendum, is an opportunity to right some of the wrongs, give First Nations People a seat at the table, and to recognise that we are a nation with over 60,000 years of continuous culture. Completing his writing just after the 2022 federal election, Thomas has included a new introduction and conclusion, as well as a call to action for all Australians. Now in a paperback format, this collection of stories offers hope and tells us how we, as Australians, may find our collective heart.
£17.60
Vintage Publishing Emergency State: How We Lost Our Freedoms in the
Book Synopsis'Superb... authoritative, thoughtful and terrifying in equal measure', The Secret Barrister'Astonishing. Detailed, dispassionate and definitive. An urgent warning and work of major importance', James O'Brien0n 26 March 2020, a new law appeared. In eleven pages it locked down tens of millions of people, confined us to our homes, banned socialising, closed shops, gyms, pubs, places of worship. It restricted our freedoms more than any other law in history, justified by the rapid spread of a deadly new virus.You may have expected such a law to be fiercely debated in Parliament. But it wasn't debated at all. A state of emergency was declared, meaning the law came into force the moment it was signed. The emergency was supposed to be short but lasted for 763 days, allowing ministers to bring in, by decree over 100 new laws restricting freedoms more than any in history - laws that were almost never debated, changed at a whim and increasingly confused the public. Meanwhile, behind the doors of Downing Street, officials and even the Prime Minister broke the very laws they had created.This book tells the startling story of the state of emergency that brought about an Emergency State. A wake-up call from one of the UK's leading human rights barristers, Emergency State shows us why we must never take our rights for granted.'A riveting account of how our democracy was put under threat during the Pandemic and why we must never let the Emergency State - all-powerful but ignorant and corrupt - take over again', Lady Hale, former President of the UK Supreme Court'Clear-eyed, forensic and compelling, Wagner sets out what happened during the Covid-19 pandemic - and the lessons we need to learn', Jonathan Freedland, author of The Escape ArtistTrade ReviewSuperb... authoritative, thoughtful and terrifying in equal measure * The Secret Barrister *A riveting account of how our democracy was put under threat during the Pandemic and why we must never let the Emergency State - all-powerful but ignorant and corrupt - take over again * Lady Hale, former President of the UK Supreme Court *A wake-up call for citizens to be more alert to measures ... that seek to undermine democracy * The Times, *Best Law Books of 2022* *A vital contribution to a debate we need to have * Financial Times *Piercing and profoundly troubling, this is a journey to the heart of the pandemic and the great British struggle to balance the well-being of the individual and the group. A tale of rights and misdemeanours, told with a passion of power and forensic precision * Philippe Sands, author of East West Street *Absolutely invaluable. Adam Wagner has been an indispensable guide and this is a gripping, important, definitive book * Dr Xand van Tulleken *Emergency State demonstrates why Adam Wagner rapidly became the indispensable authority on the unprecedented restrictions on liberty that accompanied the Covid-19 pandemic. Clear-eyed, forensic and compelling, it sets out what happened - and the urgent lessons we need to learn * Jonathan Freedland, author of The Escape Artist *At times, Emergency State reads like a dystopian novel with a dramatic plot twist - those who wrote these draconian laws failed to follow them. The law expert who kept the receipts, Adam Wagner has written the definitive account of a unique moment in legal history * Susanna Reid *Astonishing. Detailed, dispassionate and definitive. An urgent warning and a work of major importance * James O'Brien *Fascinating. An invaluable service to historians of the pandemic, and a passionate and compelling argument for the rule of law * Baron Danny Finkelstein *A brilliant analysis of law and politics over the two years in which Britain became a virtual police state * Geoffrey Robertson QC *The service Adam did for the country and continues to do on these pages shows the brilliant nuance and proportionate review of our right to life versus the Public Health Act and some of the outrageous overreaches of power committed by the police and the sitting government. It is as gripping as a Michael Crichton novel; but more disturbing because we collectively survived the events discussed with only some of our core human rights left intact. * Jamie Klingler, co-founder of #ReclaimTheseStreets *This book is the definitive legal guide to the law of the pandemic and will serve as an important historical account of this dark and challenging period in our history * Law Society's Gazette *Adam Wagner is a masterly guide to the interaction of law, politics and culture. Anyone with an interest in freedom - and what is happening to it - should read this truly brilliant account of the pandemic and its long term consequences * Matthew d'Ancona *A book that needed to be written - and nobody could have done it better * Joshua Rozenberg *[An] invaluable new book * Jewish Chronicle *[Wagner's] rare learning is skilfully deployed in this book * Literary Review *A brilliant and necessary book about the legal mechanism and human rights hangover of lockdown * Financial Times *Interesting and important ... Wagner is a fierce and effective critic * Jonathan Sumption, Daily Telegraph *Anyone with an interest in the maintenance of good governance in a time of emergency will find much to ponder * Prospect *Here, barrister Adam Wagner's emphasis is on the drastic impact lockdown had on our personal liberty and I hope some of his conclusion will be considered by government in the awful event of another such crisis occurring * Jewish Chronicle, *Non-Fiction of the Year* *'A pithy survey and review for non-lawyers of the two-year period when - but for the brief hiatus coming out of the first lockdown - virtually every aspect of the public's behaviour was indeed the subject of the criminal law ... Emergency State is a stress test for liberal democracy and human rights' * Counsel *An informative and important opening step towards what must become a global debate as to how th eworld should respond to future pandemics of the internet age * Charles Holland, Counsel *A brilliant analysis... Emergency State is a wake-up call that reaches far beyond Covid. It identifies the toxic mix of factors that are eroding liberty in Britain as we speak * Morning Star *A brillliant analysis of how Covid was used to erode civil liberaties and sideline Parliament ... Emergency State is a wake-up call that reaches far beyond Covid. It identifies the toxic mix of factors that are eroding liberty in Britain as we speak. * Morning Star *
£13.49
Wits University Press We, the people: Insights of an activist judge
Book SynopsisThe stirring collection of essays, talks and extracts by activists and former judge Albie Sachs marks more than 25 years of thinking about constitution making and non-racialism. Following the Constitutional Court's landmark Nkandla ruling in March 2016, it serves as a powerful reminder of the tenets of the Constitution, the rule of law and the continuous struggle to uphold democratic rights and freedoms.We, the People offers an intimate, insider's view of South Africa's Constitution by a writer who has been deeply entrenched in its historical journey from the depths of apartheid right up to the politically contested present. As a second-year law student at the University of Cape Town, Sachs took part in the Defiance Campaign and went on to attend the Congree of the People in Kliptown, where the Freedom Charter was adopted in 1955. Three decades later, shortlu after the bomb attack in Maputo that cost him his arm and the sight in one eye, he was called on by the Constitutional Committee of the African National Congress to co-draft (with Kader Asmal) the first outline of a Bill of Rights for a new democratic South Africa. In 1994, he was appointed by Nelson Mandela to the Constitutional Court, where he served as a judge until 2009.We, the People consists of some of Sachs' most memorable public talks and writings, in which he takes us back to the broad-based popular foundations of the Constitution inthe Freedom Charter. He picks up on Oliver Tambo's original vision of a non-racial future for South Africa, rather than one based on institutionalised power-sharing between the races. He explores the tension between perfectability and corruptibility, hope and mistrust, at the centre of all the constitutions. Sachs deals with the enforcement of social and economic rights and the building of the Constitutional Court in the heart of the Old Forst Prison as a mechanism for reconciling the past and the future.Subjective experience and objective analysis interact powerfully in a personalised narrative that reasserts the value of constitutionality not just for South Africans, but for people striving to advance human dignity, equality and freedom across the planet today.Trade ReviewSachs displays an acute awareness of the potency of history, reflecting on archives and their shortcomings, and the promotion of national unity through the teaching of a common past. Similarly engrossing are his reflections on the symbolic conversion of a former prison complex into the Constitutional Court, and attempts to address the spatial geography of apartheid. - Nick Branson is Senior Researcher at Africa Research Institute and a PhD candidate at SOAS, University of London.Table of ContentsAcknowledgments; Introduction; I. Initiation; The Future of Multiculturalism in South Africa: The vision of the Constitution; The Original 'Pinch-me' Moment; II. Hope and caution in exile; The First and Last Word - Freedom; III. We have to mistrust ourselves; Preparing Ourselves for Power; Perfectibility and Corruptibility; IV. Inventing a constitution; South Africa's Unconstitutional Constitution: The transition from power to lawful power; V. With clean hands and without Secrets; Why I Supported Amnesty; Meeting the Man Who Organized a Bomb in My Car; Soft Vengeance; VI. Reconciling the past and the future; Archives, Truth and Reconciliation; The Place Next Door to Number Four; Free Spirits and Ravaged Souls; Towards the Liberation and Revitalisation of Customary Law; Values, Nation Formation and Social Compacting; VII. Living constitutional law and ubuntu; Constitutional Court Simulation, Case No.2: The constitutionality of the death penalty; A New African Jurisprudence: From abstract judicial rulings to; purposive transformative jurisprudence; Equality Jurisprudence; VIII. More than crumbs from the table: Enforcing social and economic rights; Judge Not, Lest Ye Be Judged; Liberty, Equality, Fraternity: Bringing human solidarity back into the rights equation; IX. Struggle continues; Nothing About Us Without Us: Disability; From Refugee to Judge on Refugee Law; A Conversation About the Sacred and the Secular: Same-sex marriage; Getting the Last Laugh on Rhodes; X. Are the beautiful people born?; United in Diversity; Are the Beautiful People Born?; Cases Cited; Sources.
£22.50
Peter Lang AG, Internationaler Verlag der Wissenschaften The ‘Human Rights Component’ of Foreign Policy:
Book SynopsisFramed into the broader conceptual debate that addresses the controversialrole of human rights in the foreign policies of states, this bookaims to critically investigate whether, how and to what extent humanrights matter in the definition of Italy’s external action. The focus of thisstudy, which considers a period ranging from the end of the Cold Warto the outbreak of the Covid-19 pandemic, is placed on the whole ‘humanrights component’ of foreign policy, which is intended as the combinationof three dimensions that are part of the same policy effort butcan analytically be distinguished among them: ‘institutional dialogue’;‘multilateral initiative’ and ‘bilateral emphasis’. This book investigatesthe consistency of this whole foreign policy component between thecontent and scope of the human rights discourse of Italian foreign policy-makers domestically and internationally and the actual efforts putin place by the country to advance the global human rights agenda, itsinstitutions and procedures in both multilateral and bilateral settings.Table of ContentsPietro de Perini: Introduction- Foreign Policy and Human Rights: between Moral Principles, Material Interests and Role Conceptions- The Place and Weight of Human Rights in Italy’s Foreign Policy Initiative- The Institutional Dialogue between Italy and International Human Rights Mechanisms- Assessing the ‘Human Rights Component’ of Italy’s Foreign Policy through its UPR performance- General Conclusions- References
£29.45
Nomos Verlagsgesellschaft Politik ALS Rechtlich Geordneter Prozess:
Book Synopsis
£79.50
Amsterdam University Press The Annotated Constitution of Japan: A Handbook
Book SynopsisThe Annotated Constitution of Japan: A Handbook for the first time makes the entirety of Japan’s constitution accessible in English. The book consists of a historical and contextual overview of how the constitution came into being, followed by descriptions of each of its 103 articles; the meaning of the text, interpretive disputes, academic theories and leading cases arising under them. The book also points out the many subtle distinctions between the English version and the Japanese, some of which arose from the charter’s unique provenance. With contributors representing a broad range of expertise in various areas of Japanese law, the book is written to appeal to academics, students and general readers alike. It is intended to be the first port of call for anyone needing to understand the fundamentals of Japanese constitutional law, whether from the perspective of Japanese studies, comparative law, or political science, but unable to access the text and related literature available in Japanese. Key reference documents in English and Japanese are included as appendices for ease of reference.Table of ContentsPreface Introduction: Historical Overview (Colin P.A. Jones) 1. The Preamble (Colin P.A. Jones) and Chapter I: The Emperor (Articles 1-8) (Colin P.A. Jones) 2. Chapter II: Renunciation of War (Article 9) (Colin P.A. Jones) 3. Chapter III: Rights and Duties of the People (Articles 10-40) (Toru Enoki, Mari Hirayama, Colin P.A. Jones, Mark Levin, Shigenori Matsui, Tetsuji Matsumoto, Sean McGinty, Kayoko Oshima, Frank S. Ravitch, Yuichiro Tsuji) 4. Chapter IV: The Diet (Articles 41-64) (Koji Higashikawa) 5. Chapter V: The Cabinet (Articles 65-75) (Colin P.A. Jones) 6. Chapter VI: The Judiciary (Articles 76-82) (Giorgio Fabio Colombo, Mari Hirayama, Mark Levin) 7. Chapter VII: Finance (Articles 83-91) (Frank S. Ravitch, Yuichiro Tsuji) 8. Chapter VIII: Local Self Government (Articles 92-95) (Toru Enoki) 9. Chapter IX: Amendments (Article 96) (Tetsuji Matsumoto) 10. Chapter X: Supreme Law (Articles 97-99) (Andrea Ortolani) 11. Chapter XI: Supplementary Provisions (Articles 100-103) (Colin P.A. Jones) Appendix 1: Constitution of the Empire of Japan (Japanese) Appendix 2: Constitution of the Empire of Japan (English translation) Appendix 3: The Potsdam Declaration Appendix 4: Instrument of Surrender Appendix 5: The “MacArthur Notes” Appendix 6: The GHQ Draft Appendix 7: The Constitution of Japan (Japanese) Appendix 8: The Treaty of San Francisco Index
£168.15
HarperCollins India Liberty After Freedom: A History of Article 21,
Book SynopsisLiberty After Freedom explores the origins of what is today considered the most important fundamental right in the Indian Constitution - the right to life and personal liberty guaranteed by Article 21. This is the article which in recent years made the right to privacy as well as the decriminalization of homosexuality possible. Without a doubt, Article 21 has had the most outsized influence on the progressive development of rights in India. But the story of how this important right was birthed is deeply controversial and its passage in the Constituent Assembly divided opinion like no other feature of the Constitution. Liberty After Freedom explores the intellectual beginnings of this paramount fundamental right in an attempt to decode and unravel the controversies which raged at the time the Constitution was being crafted.Written in lucid prose and drawing extensively on the Constituent Assembly debates as well as a wide array of scholarly literature, it questions long-held beliefs and sheds new and important light on the fraught history of due process and Article 21. It is an indispensable book for the legal community and for everyone interested in the genesis of the Constitution.
£17.09
