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Central Issues in Jurisprudence : Justice, Law and Rights
Central Issues in Jurisprudence is a clear introduction to the major theories and arguments which currently dominate discussion in jurisprudence.The work enables students to read the original writers with a real understanding of how the theories relate to each other, and how these theories cluster around certain fundamental issues.Combining lucid exposition with commentary, the author provides a penetrating analysis of each theory examined, and a deep understanding of the problems addressed.
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Conflict Displacement and Legal Protection : Understanding Asylum, Human Rights and Refugee Law
While the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty. This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence.It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights.It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement.Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the application of the legal instruments. The book fills an important gap in examining the current practices of key actors, including the United Nations High Commissioner for Refugees and European states, tracing changes in national and international policies and revealing discrepancies towards contemporary approaches to conflicts.It refines the interaction and cross-fertilisation of the different relevant fields of European asylum law, human rights law and the laws of armed conflict in order to further the development of a harmonised protection regime for conflict-induced displacement.
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Executive Self-Government and the Constitution
Over the last 25 years, UK governments have faced a series of challenges and changes of an intensity almost unprecedented in peacetime: some thrust upon them, some of their own making.Developments whose impact on the executive's place in the constitution are analysed in this volume include the global financial crisis in 2007/08, the 1997 Labour Government's programme of constitutional reform, the unexpected referendum result on withdrawal from the EU in 2016, the COVID-19 pandemic, the UK's withdrawal from the EU in 2020, and the energy and cost of living crisis that followed Russia's invasion of Ukraine in 2022.The volume's conception of the UK's executive government is of an autonomous actor within the constitution, endowed with significant discretion in relation to its own organisation and modes of operation.By examining how governments have responded to those developments--through the reform of executive institutions and their deployment of the essential governmental resources of people, money, laws, and information--, Executive Self-Government and the Constitution opens a window on the internal operations of the contemporary executive and permits an assessment of the resilience of its key constitutional characteristics. Building on the analysis of their original leading work The Executive in the Constitution (OUP 1999), Executive Self-Government and the Constitution assesses how the economic and political turbulence faced by successive governments since 1997 has affected its key constitutional features.
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European Law and National Private Law : Effect of EU Law and European Human Rights Law on Legal Relationships between Individuals
Traditionally European law is important for public law.However, it is also increasingly important for private law, that is to say, the legal relationships between individuals.European Law and National Private Law addresses and analyses the various sources of European law in (hierarchical) order, namely the Treaty on the Functioning of the European Union, the general principles of EU law, EU Directives and EU Regulations, as well as the influence of fundamental rights (both the ECHR and the EU Charter) on private law.The nature of each source of law and its significance for and influence on the general part of national private law is discussed.Particular attention is devoted to the review of national private law legislation in the light of European legislation that has direct effect, direct and indirect effect of European law on legal relationships between individuals, ex officio application of European law by the national courts, and interpretation issues arising as a result of the interaction between European law and national law.Further, comparisons are drawn between the different sources of law.The book then concludes with a detailed overview of European Directives that are of particular relevance for general private law.European Law and National Private Law provides a concise introduction to the influence of EU law and the ECHR on legal relationships between individuals - a must read for every lawyer.
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Why is the German constitution called Basic Law and not Constitution?
The German constitution is called Basic Law (Grundgesetz) because it was initially intended to be a temporary document, serving as a provisional constitution for West Germany after World War II. The framers of the Basic Law did not want to give the impression that it was a permanent constitution, as they hoped for eventual reunification with East Germany and the creation of a new, unified constitution. However, as reunification did not occur until 1990, the Basic Law has continued to serve as the constitution for the unified Germany, despite its original temporary nature.
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When do law and justice not coincide?
Law and justice do not coincide when the law is unjust or when it is not applied fairly. In some cases, the law may be discriminatory or biased, leading to unjust outcomes. Additionally, there may be instances where the law is not enforced equally, resulting in disparities in how justice is served. When these discrepancies occur, law and justice do not align, and individuals may not receive the fair treatment and protection they are entitled to under the law.
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Is there a difference between law and justice?
Yes, there is a difference between law and justice. Law refers to the system of rules and regulations that are enforced by a governing authority, while justice refers to the concept of fairness and moral rightness in the application of the law. While the law provides a framework for regulating behavior and resolving disputes, justice is concerned with ensuring that individuals are treated fairly and equitably within the legal system. In some cases, the law may not always result in a just outcome, leading to a distinction between the two concepts.
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Should children's rights be included in the constitution? Pros and cons.
Children's rights should be included in the constitution to ensure that their fundamental rights are protected and upheld. This would provide a legal framework for safeguarding their well-being, education, and protection from exploitation. However, some may argue that including children's rights in the constitution could lead to legal complexities and potential conflicts with parental rights. Additionally, there may be concerns about the enforceability and practical implementation of these rights. Nonetheless, the inclusion of children's rights in the constitution would signal a commitment to their welfare and ensure that their voices are heard in matters that affect them.
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Law and Evidence : A Primer for Criminal Justice, Criminology, and Legal Studies
Law and Evidence: A Primer for Criminal Justice, Criminology, and Legal Studies, Third Edition, introduces the complex topic of evidence law in a straightforward and accessible manner.The use and function of evidence in both criminal and civil cases is examined to offer a complete understanding of how evidence principles play out in the real world of litigation and advocacy.This revised Third Edition includes new discussions of rules and case law analysis, forensic cases and evidentiary software programs. Key features:Every chapter contains new legal authority that apples to traditional legal principles relevant to evidence lawOffers full coverage of evidentiary codes and statutesProvides practical forms, checklists and additional tools throughout for use by current and future practitionersCourse ancillaries including, PowerPointTM lecture slides and an Instructor’s Manual with Test Bank, are available with qualified course adoption.
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The Social Constitution : Embedding Social Rights Through Legal Mobilization
In The Social Constitution, Whitney Taylor examines the conditions under which new constitutional rights become meaningful and institutionalized.Taylor introduces the concept of 'embedding' constitutional law to clarify how particular visions of law come to take root both socially and legally.Constitutional embedding can occur through legal mobilization, as citizens understand the law in their own way and make legal claims - or choose not to - on the basis of that understanding, and as judges decide whether and how to respond to legal claims.These interactions ultimately construct the content and strength of the constitutional order.Taylor draws on more than a year of fieldwork across Colombia and multiple sources of data, including semi-structured interviews, original surveys, legal documents, and participation observation.This title is part of the Flip it Open Programme and may also be available Open Access.Check our website Cambridge Core for details.
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Scotland's Constitution: Law and Practice
A clear, comprehensive account of Scottish constitutional law within its UK and European context.It describes and analyses constitutional arrangements while integrating that analysis with a general background to constitutional law and the UK institutions which have a continuing relevance for the government of Scotland. This highly regarded text considers law-making powers for Scotland, the legislative process at Westminster and at Holyrood, the accountability and scrutiny of government, the independence of the judiciary and the role of the courts in interpreting and adjudicating upon constitutional and administrative law questions. The fourth edition has been fully updated throughout and includes:· An update on the Scottish devolution settlement, including the changes made by the Scotland Act 2016 in the field of social security. · A new chapter covering the Brexit referendum, the withdrawal negotiations between the UK and the EU and Brexit litigation - with a particular focus on Brexit's impact on Scottish constitutional arrangements. · Coverage of new case law since the last edition in the area of judicial review and specifically on devolution. This title is included in Bloomsbury Professional's Scottish Law and Scots Law Student online services.
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Gay Rights and the Constitution : Cases and Materials
Considerably shorter than other casebooks, this accessible and engaging title focuses on the controversies over constitutional interpretation leading up to the United States Supreme Court's holdings in Lawrence v.Texas (2003) and Obergefell v. Hodges (2015): namely, that the Constitution's commitments to liberty and equal protection encompass rights of same-sex intimacy and marriage.It also takes up emerging conflicts between protection of constitutional rights for gay men and lesbians, on the one hand, and First Amendment claims of freedom of association and religious liberty by persons who oppose protection of such rights, on the other.This book will be suitable as either the basic text of a one-semester course or as a supplementary text for courses in civil liberties. With five original scholarly essays written by esteemed constitutional scholars, this book looks beyond judicial doctrine and asks whether the current constitutional status of gay rights is consistent with principles that trace back to the American Founding and the Civil War Amendments and that continue to animate American politics.
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Does property rights supersede the constitution?
Property rights are protected by the constitution, but they do not necessarily supersede it. The constitution provides a framework for protecting property rights, but it also balances those rights with the broader interests of society. In some cases, the government may have the authority to limit or regulate property rights in the interest of public welfare, as long as it does so within the bounds of the constitution. Therefore, while property rights are important and protected, they are not absolute and must be balanced with other constitutional principles.
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Do many people not believe in justice and the law?
Many people do believe in justice and the law, as these concepts are fundamental to the functioning of society. However, there are also individuals who may not have faith in the justice system due to personal experiences, systemic inequalities, or a lack of trust in the authorities. Additionally, there are instances where the law may be perceived as unjust or biased, leading to skepticism and disbelief in its ability to deliver true justice. Overall, while many people do believe in justice and the law, there are also those who may question or doubt its effectiveness.
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Why does the constitution of 1791 not resemble human and civil rights?
The constitution of 1791 does not resemble human and civil rights because it was heavily influenced by the French Revolution's emphasis on the rights of the state over the rights of the individual. It established a constitutional monarchy, which limited the power of the king but still concentrated authority in the hands of the elite. Additionally, it did not provide for universal suffrage, as only male property owners were granted the right to vote. Furthermore, it did not fully protect freedom of speech, press, and religion, as it contained limitations and restrictions on these rights.
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What is the difference between subjective sense of justice and objective law?
Subjective sense of justice refers to an individual's personal beliefs and values about what is right and fair, which can vary from person to person based on their experiences and perspectives. On the other hand, objective law is a set of rules and regulations established by a governing body that applies to everyone within a society, regardless of personal opinions or feelings. While subjective sense of justice is influenced by emotions and personal biases, objective law is based on principles of fairness and equality that are meant to be applied uniformly.
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