This book explores the increasing concern over the extent to which those suffering from forced cross-border displacement as a result of environmental change are protected under international human rig
How can jurists resolve multicultural conflicts? Which kind of questions should judges ask when culture enters the horizon of the law? Are they then called to become anthropologists? Through the analy
The right to make decisions is important for every individual. It allows us to express ourselves, discover our likes and dislikes, and lead our lives in the way we desire. People with cognitive disability have historically been denied this right in many different ways - sometimes informally by family members or carers, and other times formally by a courtroom or other legal authority. This book provides a discussion of the importance of decision-making and the ways in which it is currently denied to people with cognitive disability. It identifies the human right to equal recognition before the law as the key to ensuring the equal right to decision-making of people with cognitive disabilities. Looking to the future, it also provides a roadmap to achieving such equality.
The subjects of Privacy and Data Protection are more relevant than ever, and especially since 25 May 2018, when the European General Data Protection Regulation became enforceable. This volume brings t
This Civil Rights Act of March 1, 1875 banned racial discrimination in public accommodations. This first full study demonstrates that the Republicans enacted it believed that civil equality under the
The People’s Republic of Bangladesh is centrally located in South Asia and is one of the eight countries that constitute the South Asian Association of Regional Cooperation (SAARC). This unique volume
Human rights can be defined as the basic fundamental rights inherent to all human beings in any society. How these rights are made available and protected in individual countries is an area of much study and debate. Focusing on the significance of human rights in American law and politics, this book seeks to understand when, where, and how American law recognizes and responds to claims made in the name of human rights. How are they used by social movements as they advance rights claims? When are human rights claims accommodated and resisted? Do particular kinds of human rights claims have greater resonance domestically than others? What cultural and psychological factors impede the development of a human rights culture in the United States? This is an exciting and engaging volume that will appeal to a broad range of scholars, practitioners, and students interested in the study of human rights.
While equality laws operate to enable access to information, these laws have limited power over the overriding impact of market forces and copyright laws that focus on restricting access to information. Technology now creates opportunities for everyone in the world, regardless of their abilities or disabilities, to be able to access the written word – yet the print disabled are denied reading equality, and have their access to information limited by laws protecting the mainstream use and consumption of information. The Convention on the Rights of Persons with Disabilities and the World Intellectual Property Organization's Marrakesh Treaty have swept in a new legal paradigm. This book contributes to disability rights scholarship, and builds on ideas of digital equality and rights to access in its analysis of domestic disability anti-discrimination, civil rights, human rights, constitutional rights, copyright and other equality measures that promote and hinder reading equality.
In this volume marking the Sesquicentennial of Confederation in Canada, leading scholars and jurists discuss the evolution of the Canadian Constitution since the British North America Act 1867; the role of the Supreme Court in interpreting the Constitution as a 'living tree' capable of application to new legal issues; and the growing influence of both the Constitution, with its entrenched Charter of Rights and Freedoms, and the decisions of the Court on other constitutional courts dealing with a wide range of issues pertaining to human rights and democratic government. The contributors assess how the Canadian Constitution accommodates the cultural diversity of the country's territories and peoples while ensuring the universal applicability of its provisions; the role of the Court in interpreting and applying the Constitution; and the growing global influence of the Constitution and decisions of the Court on legislatures and courts in other countries.
This book examines how the Israeli High Court of Justice (HCJ) has interpreted and applied international law principles in adjudicating petitions filed by Palestinians. The research focuses on HCJ jud
The orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states t
The Preamble and Mission of the Constitution is an intellectual history of the six essential phrases of the Preamble of the U.S. Constitution. These phrases convey what the essential goals and purpose
The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first inv
The growing field of urban law commands a collaborative scholarly focus on comparative and global perspectives. This volume offers diverse insights into urban law, with emerging theories and analyses
The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first inv
Leading Works in Law and Religion brings together leading and emerging scholars in the field from the United Kingdom and Ireland. Each contributor has been invited to select and analyse a ‘leading wor
The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy. This book is the first to provide systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts. This volume makes a significant contribution to the systematic and comparative study of constitutional courts, constitutional adjudication and constitutional developments in East and Southeast Asia and beyond.
Almost Citizens lays out the tragic story of how the United States denied Puerto Ricans full citizenship following annexation of the island in 1898. As America became an overseas empire, a handful of remarkable Puerto Ricans debated with US legislators, presidents, judges, and others over who was a citizen and what citizenship meant. This struggle caused a fundamental shift in constitution law: away from the post-Civil War regime of citizenship, rights, and statehood, and toward doctrines that accommodated racist imperial governance. Erman's gripping account shows how, in the wake of the Spanish-American War, administrators, lawmakers, and presidents together with judges deployed creativity and ambiguity to transform constitutional meaning for a quarter of a century. The result is a history in which the United States and Latin America, Reconstruction and empire, and law and bureaucracy intertwine.
This new text provides the most comprehensive and up-to-date coverage of administrative law in Hong Kong. It includes original commentary on judicial review, administrative tribunals, the Ombudsman, the Legislative Council Redress System, Commissions of Inquiry, the Independent Commission Against Corruption, the Equal Opportunities Commission, the Privacy Commissioner for Personal Data, the Audit Commission, subsidiary legislation and more. Drawing on law, policy and practice, it offers detailed analysis while maintaining accessibility, charting developments as Hong Kong continues to evolve as a Special Administrative Region of the People's Republic of China. Administrative Law in Hong Kong is essential reading for judges, practitioners, policymakers, academics, students and commentators with an interest in public law, governance and administration.
