Author: Anne TwomeyPublisher: Cambridge University Press
ISBN: 1107056780
Category : Law
Languages : en
Pages : 913
Book Description
The extension to other Realms of the reserve power to refuse a dissolution
The Veiled Sceptre
Author: Anne TwomeyPublisher: Cambridge University Press
ISBN: 1107056780
Category : Law
Languages : en
Pages : 913
Book Description
The extension to other Realms of the reserve power to refuse a dissolution
Freedom's Law
Author: Ronald DworkinPublisher: OUP Oxford
ISBN: 0198265573
Category : Law
Languages : en
Pages : 438
Book Description
Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Legal Transplants in East Asia and Oceania
Author: Vito BredaPublisher: Cambridge University Press
ISBN: 1108577172
Category : Law
Languages : en
Pages :
Book Description
This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.
A Bird that Flies with Two Wings
Author: Miranda ForsythPublisher: ANU E Press
ISBN: 1921536799
Category : Law
Languages : en
Pages : 318
Book Description
This book investigates the problems and possibilities of plural legal orders through an in-depth study of the relationship between the state and customary justice systems in Vanuatu. It argues that there is a need to move away from the current state-centric approach to law reform in the South Pacific region, and instead include all state and non-state legal orders in development strategies and dialogue. The book also presents a typology of models of engagement between state and non-state legal systems, and describes a process for analysing which of these models would be most advantageous for any country in the South Pacific region, and beyond.
Global Environmental Constitutionalism
Author: James R. MayPublisher: Cambridge University Press
ISBN: 1107022258
Category : Business & Economics
Languages : en
Pages : 427
Book Description
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
Unconstitutional Constitutional Amendments
Author: Yaniv RoznaiPublisher: Oxford University Press
ISBN: 0198768796
Category : Law
Languages : en
Pages : 369
Book Description
Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
Respecting Rights?
Author: U S Commission on International Religious FreedomPublisher: Government Printing Office
ISBN: 9780160942938
Category : Education
Languages : en
Pages : 152
Book Description
This report examines and compares the content of laws prohibiting blasphemy ("blasphemy laws") worldwide through the lens of international and human rights law principles. The laws examined in this study prohibit or criminalize the expression of opinions deemed "blasphemous," or counter to majority views or religious belief systems, and many impose serious, often criminal, penalties. Blasphemy laws are actively enforced in many states throughout the world. Many governments deem repeal not feasible or desirable and justify the prohibition and criminalization of blasphemy as necessary to promote religious harmony. This study seeks to evaluate the language and content of blasphemy laws to understand what aspects of these laws adhere to--or deviate from--international and human rights law principles. A better understanding of the laws' compliance with these principles may assist in the public policy community in developing clear, specifically-tailored recommendations for areas for reform. Related products: Explore ourFaith-Based Education resources collection Discover ourHuman Rights collection
Principles for Local Government Legislation
Author: Graham SansomPublisher: Commonwealth Secretariat
ISBN: 184929089X
Category : Law
Languages : en
Pages : 94
Book Description
This study is designed to help local government practitioners in Pacific island countries review and strengthen their existing legislative and regulatory frameworks. It identifies best practice, examines case studies of Fiji, Solomon Islands and Samoa, and presents ten key principles for effective legislation.
Passage of Change
Author: Anita JowittPublisher: ANU E Press
ISBN: 1921666897
Category : Political Science
Languages : en
Pages : 378
Book Description
Numerous issues face Pacific states trying to find their way in the early 21st century. Countries are striving to secure the benefits of modernisation. Governance, law and order are needed to reach such a goal, but development cannot be at the price of culture or the environment. The question of how to develop and maintain sound legal systems and legal rules whilst maintaining the unique cultural heritages within the Pacific is a challenge with no easy answer. This interdisciplinary collection locates issues of law and governance within the particular socio-political context of the Pacific island region, presenting sociological, anthropological and political insights alongside jurisprudential analysis. Key issues including corruption, the role of customary law in modern legal systems, the place of human rights in the Pacific, environmental issues and the structure of the state are explored from a variety of perspectives.
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