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Author: Rande W. Kostal Publisher: ISBN: 9780191714320 Category : Civil supremacy over the military Languages : en Pages : 529
Book Description
This text reconstructs the martial law suppression of the Jamaica uprising of 1865, and the subsequent debate and litigation these events spawned in England.
Author: Rande W. Kostal Publisher: ISBN: 9780191714320 Category : Civil supremacy over the military Languages : en Pages : 529
Book Description
This text reconstructs the martial law suppression of the Jamaica uprising of 1865, and the subsequent debate and litigation these events spawned in England.
Author: Bradin Cormack Publisher: University of Chicago Press ISBN: 0226116255 Category : Literary Criticism Languages : en Pages : 423
Book Description
English law underwent rapid transformation in the sixteenth century, in response to the Reformation and also to heightened litigation and legal professionalization. As the common law became more comprehensive and systematic, the principle of jurisdiction came under particular strain. When the common law engaged with other court systems in England, when it encountered territories like Ireland and France, or when it confronted the ocean as a juridical space, the law revealed its qualities of ingenuity and improvisation. In other words, as Bradin Cormack argues, jurisdictional crisis made visible the law’s resemblance to the literary arts. A Power to Do Justice shows how Renaissance writers engaged the practical and conceptual dynamics of jurisdiction, both as a subject for critical investigation and as a frame for articulating literature’s sense of itself. Reassessing the relation between English literature and law from More to Shakespeare, Cormack argues that where literary texts attend to jurisdiction, they dramatize how boundaries and limits are the very precondition of law’s power, even as they clarify the forms of intensification that make literary space a reality. Tracking cultural responses to Renaissance jurisdictional thinking and legal centralization, A Power to Do Justice makes theoretical, literary-historical, and methodological contributions that set a new standard for law and the humanities and for the cultural history of early modern law and literature.
Author: Benjamin G. Engst Publisher: Springer Nature ISBN: 3030460169 Category : Political Science Languages : en Pages : 255
Book Description
This book shows that constitutional courts exercise direct and indirect power on political branches through decision-making. The first face of judicial power is characterized by courts directing political actors to implement judicial decisions in specific ways. The second face leads political actors to anticipate judicial review and draft policies accordingly. The judicial–political interaction originating from both faces is herein formally modeled. A cross-European comparison of pre-conditions of judicial power shows that the German Federal Constitutional Court is a well-suited representative case for a quantitative assessment of judicial power. Multinomial logistic regressions show that the court uses directives when evasion of decisions is costly while accounting for the government’s ability to implement decisions. Causal analyses of the second face of judicial power show that bills exposed to legal signals are drafted accounting for the court. These findings re-shape our understanding of judicialization and shed light on a silent form of judicialization.
Author: Nancy Staudt Publisher: University of Chicago Press ISBN: 0226771148 Category : Law Languages : en Pages : 212
Book Description
Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.
Author: Joel I. Colon-Rios Publisher: ISBN: 0198785984 Category : Constituent power Languages : en Pages : 353
Book Description
This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.
Author: Doreen Lustig Publisher: ISBN: 019882209X Category : Business & Economics Languages : en Pages : 257
Book Description
This book critically analyses existing accounts of the history of the relationship between international law and multinational corporations using four case studies: Firestone in Liberia, the Nuremberg trials, the Anglo-Iranian Oil Company, and the UNCTC code of conduct.
Author: Julie E. Cohen Publisher: Oxford University Press ISBN: 0190246693 Category : Law Languages : en Pages : 377
Book Description
This work explores the relationships between legal institutions and political and economic transformation. It argues that as law is enlisted to help produce the profound economic and sociotechnical shifts that have accompanied the emergence of the informational economy, it is changing in fundamental ways.
Author: Nasser Hussain Publisher: University of Michigan Press ISBN: 0472037536 Category : History Languages : en Pages : 211
Book Description
The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.
Author: Devika Hovell Publisher: Oxford University Press ISBN: 0191027456 Category : Law Languages : en Pages : 303
Book Description
The UN Security Council's transition to 'targeted sanctions' in the 1990s marked a revolutionary shift in the locus of the Council's decision-making from states to individuals. The establishment of the targeted sanctions regime, should be regarded as more than a shift in policy and invites attention to an emerging tier of international governance. This book examines the need to develop a due process framework having regard to the uniquely political and crisis-based context in which the Security Council operates. Drawing on Anglo-American jurisprudence, this book develops procedural principles for the international institutional context using a value-based approach as an alternative to the formalistic approach taken in the literature to date. In doing so, it is recognized that due process is more than a set of discrete legal standards, but is a touchstone for the way the international legal order conceives of far larger questions about community, law and values.
Author: Rande W. Kostal
Author: Rande W. Kostal
Author: Bradin Cormack
Author: Benjamin G. Engst
Author: Nancy Staudt
Author: Joel I. Colon-Rios
Author: Janny H. C. Leung
Author: Doreen Lustig
Author: Julie E. Cohen
Author: Nasser Hussain
Author: Devika Hovell