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Author: Dimitrios Kyritsis Publisher: Oxford University Press ISBN: 0191652423 Category : Law Languages : en Pages : 241
Book Description
In this book Dimitrios Kyritsis advances an original account of constitutional review of primary legislation for its compatibility with human rights. Key to it is the value of separation of powers. When the relationship between courts and the legislature realizes this value, it makes a stronger claim to moral legitimacy. Kyritsis steers a path between the two extremes of the sceptics and the enthusiasts. Against sceptics who claim that constitutional review is an affront to democracy he argues that it is a morally legitimate institutional option for democratic societies because it can provide an effective check on the legislature. Although the latter represents the people and should thus be given the initiative in designing government policy, it carries serious risks, which institutional design must seek to avert. Against enthusiasts he maintains that fundamental rights protection is not the exclusive province of courts but the responsibility of both the judiciary and the legislature. Although courts may sometimes be given the power to scrutinize legislation and even strike it down, if it violates human rights, they must also respect the legislature's important contribution to their joint project. Occasionally, they may even have a duty to defer to morally sub-optimal decisions, as far as rights protection is concerned. This is as it should be. Legitimacy demands less than the ideal. In turn, citizens ought to accept discounts on perfect justice for the sake of achieving a reasonably just and effective political order overall.
Author: Dimitrios Kyritsis Publisher: Oxford University Press ISBN: 0191652423 Category : Law Languages : en Pages : 241
Book Description
In this book Dimitrios Kyritsis advances an original account of constitutional review of primary legislation for its compatibility with human rights. Key to it is the value of separation of powers. When the relationship between courts and the legislature realizes this value, it makes a stronger claim to moral legitimacy. Kyritsis steers a path between the two extremes of the sceptics and the enthusiasts. Against sceptics who claim that constitutional review is an affront to democracy he argues that it is a morally legitimate institutional option for democratic societies because it can provide an effective check on the legislature. Although the latter represents the people and should thus be given the initiative in designing government policy, it carries serious risks, which institutional design must seek to avert. Against enthusiasts he maintains that fundamental rights protection is not the exclusive province of courts but the responsibility of both the judiciary and the legislature. Although courts may sometimes be given the power to scrutinize legislation and even strike it down, if it violates human rights, they must also respect the legislature's important contribution to their joint project. Occasionally, they may even have a duty to defer to morally sub-optimal decisions, as far as rights protection is concerned. This is as it should be. Legitimacy demands less than the ideal. In turn, citizens ought to accept discounts on perfect justice for the sake of achieving a reasonably just and effective political order overall.
Author: Dimitrios Kyritsis Publisher: Oxford University Press ISBN: 0199672253 Category : Law Languages : en Pages : 241
Book Description
In this book Dimitrios Kyritsis advances an original account of constitutional review of primary legislation for its compatibility with human rights. Key to it is the value of separation of powers. When the relationship between courts and the legislature realizes this value, it makes a stronger claim to moral legitimacy. Kyritsis steers a path between the two extremes of the sceptics and the enthusiasts. Against sceptics who claim that constitutional review is an affront to democracy he argues that it is a morally legitimate institutional option for democratic societies because it can provide an effective check on the legislature. Although the latter represents the people and should thus be given the initiative in designing government policy, it carries serious risks, which institutional design must seek to avert. Against enthusiasts he maintains that fundamental rights protection is not the exclusive province of courts but the responsibility of both the judiciary and the legislature. Although courts may sometimes be given the power to scrutinize legislation and even strike it down, if it violates human rights, they must also respect the legislature's important contribution to their joint project. Occasionally, they may even have a duty to defer to morally sub-optimal decisions, as far as rights protection is concerned. This is as it should be. Legitimacy demands less than the ideal. In turn, citizens ought to accept discounts on perfect justice for the sake of achieving a reasonably just and effective political order overall.
Author: Bruce Schneier Publisher: John Wiley & Sons ISBN: 1119092434 Category : Computers Languages : en Pages : 453
Book Description
This anniversary edition which has stood the test of time as a runaway best-seller provides a practical, straight-forward guide to achieving security throughout computer networks. No theory, no math, no fiction of what should be working but isn't, just the facts. Known as the master of cryptography, Schneier uses his extensive field experience with his own clients to dispel the myths that often mislead IT managers as they try to build secure systems. A much-touted section: Schneier's tutorial on just what cryptography (a subset of computer security) can and cannot do for them, has received far-reaching praise from both the technical and business community. Praise for Secrets and Lies "This is a business issue, not a technical one, and executives can no longer leave such decisions to techies. That's why Secrets and Lies belongs in every manager's library."-Business Week "Startlingly lively....a jewel box of little surprises you can actually use."-Fortune "Secrets is a comprehensive, well-written work on a topic few business leaders can afford to neglect."-Business 2.0 "Instead of talking algorithms to geeky programmers, [Schneier] offers a primer in practical computer security aimed at those shopping, communicating or doing business online-almost everyone, in other words."-The Economist "Schneier...peppers the book with lively anecdotes and aphorisms, making it unusually accessible."-Los Angeles Times With a new and compelling Introduction by the author, this premium edition will become a keepsake for security enthusiasts of every stripe.
Author: Catherine J. Ross Publisher: University of Pennsylvania Press ISBN: 0812253256 Category : Political Science Languages : en Pages : 184
Book Description
Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.
Author: August Reinisch Publisher: Oxford University Press ISBN: 0192864580 Category : Law Languages : en Pages : 417
Book Description
This thoughtfully edited volume brings together leading scholars in the field to explore the relationship between the substantive standards of treatment contained in international investment agreements and the rule of law, which is developing into one of the key principles which both supporters and critics use to evaluate the investment treaty regime. Investment Protection Standards and the Rule of Law explores two perspectives. Firstly, it examines to what extent the substantive standards of treatment can be understood as expressions of the rule of law. Secondly, it addresses the rule-of-law problems, or rule-of-law lacunae, that exist in, or are created by, the application of these standards. The subject matter is advanced by combining doctrinal analysis of the core substantive treatment standards, as well as normative assessment of those standards from the perspective of the rule of law. This book also offers a critical discussion of the potential the rule of law has as a guidepost for structuring international investment relations, as well as its blind spots.
Author: Jill Elaine Hasday Publisher: Oxford University Press ISBN: 0190905956 Category : Law Languages : en Pages : 305
Book Description
Jill Elaine Hasday's Intimate Lies and the Law won the Scribes Book Award from the American Society of Legal Writers "for the best work of legal scholarship published during the previous year" and the Foreword INDIES Book of the Year Award for Family and Relationships. Intimacy and deception are often entangled. People deceive to lure someone into a relationship or to keep her there, to drain an intimate's bank account or to use her to acquire government benefits, to control an intimate or to resist domination, or to capture myriad other advantages. No subject is immune from deception in dating, sex, marriage, and family life. Intimates can lie or otherwise intentionally mislead each other about anything and everything. Suppose you discover that an intimate has deceived you and inflicted severe-even life-altering-financial, physical, or emotional harm. After the initial shock and sadness, you might wonder whether the law will help you secure redress. But the legal system refuses to help most people deceived within an intimate relationship. Courts and legislatures have shielded this persistent and pervasive source of injury, routinely denying deceived intimates access to the remedies that are available for deceit in other contexts. Intimate Lies and the Law is the first book that systematically examines deception in intimate relationships and uncovers the hidden body of law governing this duplicity. Hasday argues that the law has placed too much emphasis on protecting intimate deceivers and too little importance on helping the people they deceive. The law can and should do more to recognize, prevent, and redress the injuries that intimate deception can inflict.
Author: Ronan Farrow Publisher: Little, Brown ISBN: 0316486663 Category : True Crime Languages : en Pages : 418
Book Description
Now an HBO documentary series streaming on HBO Max. One of the Best Books of the Year Time * NPR * Washington Post * Bloomberg News * Chicago Tribune * Chicago Public Library * Fortune * Los Angeles Times * E! News * The Telegraph * Apple * Library Journal In this newly updated edition of the "meticulous and devastating" (Associated Press) account of violence and espionage that spent months on the New York Times Bestsellers list, Ronan Farrow exposes serial abusers and a cabal of powerful interests hell-bent on covering up the truth, at any cost - from Hollywood to Washington and beyond. In 2017, a routine network television investigation led to a story only whispered about: one of Hollywood's most powerful producers was a predator, protected by fear, wealth, and a conspiracy of silence. As Farrow drew closer to the truth, shadowy operatives, from high-priced lawyers to elite war-hardened spies, mounted a secret campaign of intimidation, threatening his career, following his every move, and weaponizing an account of abuse in his own family. This is the untold story of the exotic tactics of surveillance and intimidation deployed by wealthy and connected men to threaten journalists, evade accountability, and silence victims of abuse. And it's the story of the women who risked everything to expose the truth and spark a global movement Los Angeles Times Book Prize Finalist Finalist for the National Book Critics Circle Award in AutobiographyIndie Bound #1 BestsellerUSA Today BestsellerWall Street Journal Bestseller
Author: James W. Loewen Publisher: The New Press ISBN: 1620974932 Category : History Languages : en Pages : 482
Book Description
A fully updated and revised edition of the book USA Today called "jim-dandy pop history," by the bestselling, American Book Award–winning author "The most definitive and expansive work on the Lost Cause and the movement to whitewash history." —Mitch Landrieu, former mayor of New Orleans From the author of the national bestseller Lies My Teacher Told Me, a completely updated—and more timely than ever—version of the myth-busting history book that focuses on the inaccuracies, myths, and lies on monuments, statues, national landmarks, and historical sites all across America. In Lies Across America, James W. Loewen continues his mission, begun in the award-winning Lies My Teacher Told Me, of overturning the myths and misinformation that too often pass for American history. This is a one-of-a-kind examination of historic sites all over the country where history is literally written on the landscape, including historical markers, monuments, historic houses, forts, and ships. New changes and updates include: • a town in Louisiana that was the site of a major but now-forgotten enslaved persons' uprising • a totally revised tour of the memory and intentional forgetting of slavery and the Civil War in Richmond, Virginia • the hideout of a gang in Delaware that made money by kidnapping free blacks and selling them into slavery Entertaining and enlightening, Lies Across America also has a serious role to play in contemporary debates about white supremacy and Confederate memorials.
Author: Cora Chan Publisher: Bloomsbury Publishing ISBN: 1509928170 Category : Law Languages : en Pages : 369
Book Description
All states are challenged by the need to protect national security while maintaining the rule of law, but the issue is particularly complex in the China–Hong Kong context. This timely and important book explores how China conceives of its national security and the position of Hong Kong. It considers the risks of introducing national security legislation in Hong Kong, and Hong Kong's sources of resilience against encroachments on its rule of law that may come under the guise of national security. It points to what may be needed to maintain Hong Kong's rule of law once China's 50-year commitment to its autonomy ends in 2047. The contributors to this book include world-renowned scholars in comparative public law and national security law. The collection covers a variety of disciplines and jurisdictions, and both scholarly and practical perspectives to present a forward-looking analysis on the rule of law in Hong Kong. It illustrates how Hong Kong may succeed in resisting pressure to advance China's security interests through repressive law. Given China's growing international stature, the book's reflections on China's approach to security have much to tell us about its potential impact on the global political, security, and economic order.
Author: Dimitrios Kyritsis
Author: Dimitrios Kyritsis
Author: Dimitrios Kyritsis
Author: Bruce Schneier
Author: Catherine J. Ross
Author: August Reinisch
Author: Jill Elaine Hasday
Author: Ronan Farrow
Author: Austin Sarat
Author: James W. Loewen
Author: Cora Chan