Author: Thomas M. Franck, Gregory H. Fox
Publisher: Martinus Nijhoff
In this ground-breaking study, taken on the initiative of US Supreme Court Justice Sandra Day O'Connor, Thomas M. Franck and Gregory H. Fox explore the use of international law decisions by national courts. They provide in-depth materials for answers to such critical and practical questions as: to what extent do national judges treat the decisions of their international colleagues as binding or persuasive? Do national judges regard the outcomes of international decisions as res judicata? As evidence of law or fact? Their analysis and conclusions constitute a valuable assessment of the role of international law in the legal culture of today's nations.
Author: Tom Ginsburg, Rosalind Dixon
Publisher: Edward Elgar Publishing
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author: Mashood A. Baderin, Robert McCorquodale
Publisher: Oxford University Press on Demand
The protection of economic, social and cultural rights is vital for everyone, no matter where they live. This volume sets out some of the important legal issues about these rights, including who has obligations, when they apply and how they are relevant to contemporary concerns, such as trade and democracy.
Author: RichardK. Sherwin
What are the consequences when law's stories and images migrate from the courtroom to the court of public opinion and from movie, television and computer screens back to electronic monitors inside the courtroom itself? What happens when lawyers and public relations experts market notorious legal cases and controversial policy issues as if they were just another commodity? What is the appropriate relationship between law and digital culture in virtual worlds on the Internet? In addressing these cutting edge issues, the essays in this volume shed new light on the current status and future fate of law, truth and justice in our time.
Author: Wilfried Bolewski
Publisher: Springer Science & Business Media
Diplomacy is transforming and expanding its role as the method of interstate relations to a general instrument of communication among globalized societies. Adapting to globalization, the practice of diplomacy is shared by non-state participants, thus becoming privatized and popularized. This book offers a comprehensive understanding of the widening scope of public as well as private diplomacy and its normative framework. It features a practitioner’s inside view of diplomacy combined with interdisciplinary academic analysis.
Author: Aharon Barak
Publisher: Cambridge University Press
Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.
Author: Norberto Bobbio
Publisher: U of Minnesota Press
Norberto Bobbio is the foremost political theorist in Italy today. Written with verve and passion as well as erudition, this important work will make a major contribution to current debates in social and political theory. It will be of great interest to students of sociology, politics and philosophy, as well as to anyone concerned with the nature and future of democracy.
Author: Robert J. Ursano, Ann E. Norwood
Publisher: Cambridge University Press
This new book follows on from Ursano et al.'s earlier title Individual and Community Responses to Trauma and Disaster to expand the focus on terrorism as a particular type of disaster. There is widespread belief amongst professionals that terrorism (and torture) produce the highest rates of psychiatric sequelae of all the types of disaster. The traumatic effects of terrorism are also not limited to the direct victims only; they extend to families, helpers, communities and even regions far from the affected site. The editors have assembled the world's experts to examine the effects of terrorism, assessing lessons learned from recent atrocities such as 9/11, the Tokyo sarin attack, Omagh, et cetera. They look at issues of prevention, individual and organizational intervention, the effect of leadership, the effects of technological disasters and bioterrorism/contamination. This is essential reading for all professionals working in trauma and disaster planning.
Author: Philip Norton
The British Polity is an engaging and comprehensive survey of the structure and process of British government. Offering an insider's analysis, Philip Norton examines the debates surrounding Britain's political history and culture, constitution, parties and elections, branches of government, media, and relations with the European Union. Throughout, The British Polity follows a theme of continuity and change that draws on historical and institutional knowledge and that helps to explain contemporary British politics.
Author: Richard A. Posner
Publisher: Harvard University Press
A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.