Products related to Can:
-
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.
Price: 95.00 £ | Shipping*: 0.00 £ -
The Legal Singularity : How Artificial Intelligence Can Make Law Radically Better
Law today is incomplete, inaccessible, unclear, underdeveloped, and often perplexing to those whom it affects.In The Legal Singularity, Abdi Aidid and Benjamin Alarie argue that the proliferation of artificial intelligence–enabled technology – and specifically the advent of legal prediction – is on the verge of radically reconfiguring the law, our institutions, and our society for the better. Revealing the ways in which our legal institutions underperform and are expensive to administer, the book highlights the negative social consequences associated with our legal status quo.Given the infirmities of the current state of the law and our legal institutions, the silver lining is that there is ample room for improvement.With concerted action, technology can help us to ameliorate the problems of the law and improve our legal institutions.Inspired in part by the concept of the "technological singularity," The Legal Singularity presents a future state in which technology facilitates the functional "completeness" of law, where the law is at once extraordinarily more complex in its specification than it is today, and yet operationally, the law is vastly more knowable, fairer, and clearer for its subjects.Aidid and Alarie describe the changes that will culminate in the legal singularity and explore the implications for the law and its institutions.
Price: 30.00 £ | Shipping*: 0.00 £ -
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.
Price: 27.95 £ | Shipping*: 0.00 £ -
Shaped by the Nuanced Constitution : A Critique of Common Law Constitutional Rights
There is growing judicial, academic and political interest in the concept of common law constitutional rights.Concurrently, significant public law judgments, including R (Miller) v The Prime Minister, R (Begum) v Special Immigration Appeals Commission and R (Privacy International) v Investigatory Powers Tribunal, continue to sustain and enrich the academic debate on the nature of the UK constitution. Bringing these two highly topical themes together, the book argues, firstly, that neither common law constitutionalism nor political constitutionalism adequately captures the nature of public law litigation because neither is fully able to account for the co-existence and interplay between parliamentary sovereignty and the rule of law.Advancing the idea of a ‘nuanced’ constitution instead, the book then provides an in-depth analysis of common law constitutional rights, looking at their history, conceptual foundations, contemporary characteristics, coverage and resilience. In doing so, this book highlights and re-conceptualises the dynamics and mechanisms of constitutional law adjudication and provides the first comprehensive critique of common law constitutional rights jurisprudence.It is centred around extensive case law analysis which focuses predominantly on recent Supreme Court judgments.
Price: 85.00 £ | Shipping*: 0.00 £
-
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.
-
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.
-
Why are fundamental rights enshrined in the constitution?
Fundamental rights are enshrined in the constitution to protect the individual liberties and freedoms of citizens from government infringement. By explicitly outlining these rights in the constitution, it ensures that they are legally protected and cannot be easily taken away. This helps to uphold the rule of law, promote equality, and provide a framework for a just and democratic society. Additionally, enshrining fundamental rights in the constitution serves as a safeguard against potential abuses of power by the government.
-
'In which constitution did one have more rights?'
The United States Constitution provides more rights to its citizens compared to the Confederate Constitution. The U.S. Constitution includes the Bill of Rights, which guarantees fundamental rights such as freedom of speech, religion, and the press, as well as the right to a fair trial and protection against cruel and unusual punishment. In contrast, the Confederate Constitution did not have a similar bill of rights and instead emphasized the rights of states to maintain slavery and secede from the Union. Therefore, the U.S. Constitution provided more rights to its citizens than the Confederate Constitution.
Similar search terms for Can:
-
Litigating the Climate Emergency : How Human Rights, Courts, and Legal Mobilization Can Bolster Climate Action
As the climate emergency intensifies, rights-based climate cases – litigation that is based on human rights law – are becoming an increasingly important tool for securing more ambitious climate action.This book is the first to offer a systematic analysis of the universe of these cases known as human rights and climate change (HRCC) cases.By combining theory, empirical documentation, and strategic debate among preeminent scholars and practitioners from around the world, the book captures the roots, legal innovations, empirical richness, impact, and challenges of this dynamic field of sociolegal practice.It looks specifically at the sociolegal origins and trajectory of HRCC cases, the legal innovations of this type of litigation, and the strategies and impacts of these cases.In doing so, this book equips litigators, researchers, practitioners, students, and concerned citizens with an understanding of an important method of holding governments and corporations accountable for climate harms.This book is also available as Open Access on Cambridge Core.
Price: 27.99 £ | Shipping*: 0.00 £ -
Out Law : What LGBT Youth Should Know about Their Legal Rights
Price: 15.00 £ | Shipping*: 3.99 £ -
Law from Below : How the Thought of Francisco Suarez, SJ, Can Renew Contemporary Legal Engagement
A constructive model of engagement with unjust laws from the ground upThe current political atmosphere would suggest that law is imposed only from above, specifically by the chief executive acting upon some sort of perceived populist mandate.In Law from Below, Elisabeth Rain Kincaid argues that the theology of the early modern legal theorist and theologian, Francisco Suárez, SJ may be successfully retrieved to provide a constructive model of legal engagement for Christians today.Suárez’s theology was developed to combat an authoritarian view of law, suggesting that communities may work to change law from the ground up as they function within the legal system, not just outside it.Law from Below suggests that Suárez’s theory of law provides a theologically robust way to mount a counter-narrative to contemporary authoritarian theories of law, while still acknowledging the good in the rule of law and its imposition by a legislative authority.Suárez acknowledges the crucial contribution of citizens to improving law’s moral content, without removing the importance of law’s own authority or the role of the lawgiver. Law from Below argues that the dialogue between legislators and the community provides Christian activists with a range of options for constructively engaging with law in order to have a positive impact on society.
Price: 40.00 £ | Shipping*: 0.00 £ -
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.
Price: 66.00 £ | Shipping*: 0.00 £
-
Which fundamental rights are enshrined in the constitution?
The fundamental rights enshrined in the constitution typically include the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and the right to constitutional remedies. These rights are considered essential for the overall development and well-being of individuals and are protected by the constitution to ensure that every citizen is treated fairly and has the opportunity to live a dignified life. These rights form the foundation of a democratic society and are crucial for upholding the principles of justice, liberty, and equality.
-
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.
-
What forms of legal self-justice exist?
Legal self-justice can take various forms, including self-defense, citizen's arrest, and the use of force to protect oneself or others from harm. Self-defense allows individuals to protect themselves from imminent danger or harm, using a reasonable amount of force necessary to defend themselves. Citizen's arrest permits individuals to detain someone they believe has committed a crime until law enforcement arrives. However, it is essential to ensure that any actions taken in the name of legal self-justice comply with the law and do not escalate the situation.
-
Why is the Weimar Constitution a vague law?
The Weimar Constitution, which was the constitution of Germany from 1919 to 1933, is considered vague because it was intentionally designed to be flexible and adaptable to the changing political and social conditions of the time. This vagueness allowed for a wide range of interpretations and gave the government the ability to respond to different situations as they arose. However, this flexibility also made the constitution susceptible to manipulation and abuse, ultimately contributing to the instability of the Weimar Republic and its eventual downfall.
* All prices are inclusive of VAT and, if applicable, plus shipping costs. The offer information is based on the details provided by the respective shop and is updated through automated processes. Real-time updates do not occur, so deviations can occur in individual cases.