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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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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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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.
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Mastering the National Admissions Test for Law
This fully revised and updated second edition provides an indispensible guide to all those preparing to sit the National Admissions Test for Law (LNAT).Mastering the LNAT provides comprehensive guidance on both the multiple choice section and essay section of the test, as well as analysis of previous test results, details of the procedure for sitting the test and how the results are calculated and used.The book also includes five practice tests for students to work through, along with complete sets of answers and explanations and a range of sample essays and essay plans.Presented in an accessible and easy to understand format, Shepherd offers a practical, hands-on insight into what universities are looking for from candidates.It includes; an introduction to the test and the part it plays in the overall application process; guidance on preparing for the LNAT and an explanation of the ways that you can improve your approach to the test; a guide to approaching MCQs (including an analysis of different types of possible questions and techniques for verifying answers); a guide to approaching essay questions; five sample test papers; answers and explanations for all MCQs; sample essays and essay plans.Mastering the LNAT is essential reading for those students wanting to give themselves the best possible chance of securing a place at the University of their Choice.
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What should one wear to the Justice Specialist test?
One should wear business casual attire to the Justice Specialist test. This typically includes slacks or a skirt, a button-down shirt or blouse, and closed-toe shoes. It is important to present a professional appearance as it reflects your seriousness and respect for the testing process. Avoid wearing anything too casual, such as jeans or sneakers, to make a good impression.
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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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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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Should I take a paternity test to clarify custody rights?
If there is uncertainty about the paternity of a child and it is affecting custody rights, taking a paternity test may be a good idea. It can provide clarity and help establish legal rights and responsibilities. However, it's important to consider the potential emotional impact on the child and the family before proceeding with a paternity test. It may be helpful to seek legal advice and counseling to navigate this decision and its potential implications.
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Law National Admissions Test (LNAT): Mock Tests
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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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Passing the National Admissions Test for Law (LNAT)
This Third Edition provides a comprehensive and fully up to date guide for all those preparing to sit the National Admissions Test for Law.It has been thoroughly revised to take account of the recent changes to the test and to reflect the latest advice and guidance relevant for candidates.Readers will find all they need to face the exam with confidence, fulfil their potential and succeed in their application.
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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.
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'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.
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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.
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How does an aptitude test for legal administration work?
An aptitude test for legal administration typically assesses a candidate's skills and abilities relevant to the field. This may include evaluating their understanding of legal terminology, their ability to analyze and interpret legal documents, their proficiency in research and writing, and their knowledge of relevant laws and regulations. The test may also include situational judgment questions to assess the candidate's problem-solving and decision-making abilities in a legal context. Overall, the test aims to identify candidates who possess the necessary aptitude and potential to succeed in a legal administrative role.
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