New Media and Freedom of Expression: Rethinking the Constitutional Foundations of the Public Sphere, Andras Koltay
Автор: Loughlin, Martin Название: Foundations of Public Law ISBN: 0199669465 ISBN-13(EAN): 9780199669462 Издательство: Oxford Academ Рейтинг: Цена: 8554.00 р. Наличие на складе: Поставка под заказ.
Описание: This book develops Martin Loughlin`s distinctive and provocative theory of public law, first outlined in The Idea of Public Law. Tracing the historical evolution of the concept of public law, the book rethinks the foundational concepts of state, constitution, and government, arguing that public power is created, not controlled, by law.
Описание: A controversial argument for reconsidering the limits of free speech
Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis?
In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech.
Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently.
As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside cliches that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.
Описание: This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief.
Название: Questioning the foundations of public law ISBN: 1509911677 ISBN-13(EAN): 9781509911677 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In 2010, Martin Loughlin, Professor of Public Law at LSE, published Foundations of Public Law, "an account of the foundation of the discipline of public law with a view to identifying its essential character." The book has become a landmark in the field, and it has been said, notably by one its major critics, that it now provides the "starting point" for any deeper inquiry into the subject. The purpose of this volume is critically to engage with Foundations-conceptually, comparatively and historically-from the viewpoints of public law, private law, political, social, and legal theory, as well as jurisdictional perspectives including the US, India, and Continental Europe. Scholars also consider the legacy and continuing relevance of Foundations in the light of developments in transnational law, global law and regional integration in the European Union. Subject: Constitutional Law, Public Law, Legal Philosophy, Contract Law]
Автор: Stephenson, Randall Название: Crisis of democratic accountability ISBN: 1509920811 ISBN-13(EAN): 9781509920815 Издательство: Bloomsbury Academic Рейтинг: Цена: 13464.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book undertakes a comparative study of the public interest and political speech defences in defamation law, particularly from the perspective of the misuse of democratic free expression justifications. Specifically, it argues that the law and legal approaches taken by leading courts and legislatures in the UK, Australia, New Zealand, Canada, and the United States – five common law comparators – are undertheorised, lack adequate criteria for determining the correct form of the defence, and would benefit from a more precise understanding of ‘democracy’, ‘accountability’, and ‘representation’. The book will be of great interest to scholars of free speech, defamation and public law.
Автор: John Charney Название: The Illusion of the Free Press ISBN: 1509908870 ISBN-13(EAN): 9781509908875 Издательство: Bloomsbury Academic Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the relationship between truth and freedom in the free press. It argues that the relationship is problematic because the free press implies a competition between plural ideas, whereas truth is univocal. Based on this tension the book claims that the idea of a free press is premised on an epistemological illusion. This illusion enables society to maintain that the world it perceives through the press corresponds to the world as it actually exists, explaining why defenders of the free press continue to rely on its capacity to discover the truth, despite economic conditions and technological innovations undermining much of its independence. The book invites the reader to reconsider the philosophical foundations, constitutional justifications, and structure and functions of the free press, and whether the institution can, in fact, realise both freedom and truth. It will be of great interest to anyone concerned in the role and value of the free press in the modern world.
Автор: Richard Albert, Xenophon Contiades, Alkmene Fotiad Название: The Foundations and Traditions of Constitutional Amendment ISBN: 1509908250 ISBN-13(EAN): 9781509908257 Издательство: Bloomsbury Academic Рейтинг: Цена: 23760.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change.
This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written.
This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.
Автор: Louis Blom-Cooper Название: Public Inquiries: Wrong Route on Bloody Sunday ISBN: 1509906789 ISBN-13(EAN): 9781509906789 Издательство: Bloomsbury Academic Рейтинг: Цена: 10296.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Throughout the twentieth century, administrations have wrestled with allaying public concern over national disasters and social scandals. This book seeks to describe historically the use of public inquiries, and demonstrates why their methods continued to deploy until 1998 the ingrained habits of lawyers, particularly by issuing warning letters in order to safeguard witnesses who might be to blame. Under the influence of Lord Justice Salmon, the vital concern about systems and services allotted to social problems was relegated to the identification of individual blameworthiness. The book explains why the last inquiry under that system, into the events of ‘Bloody Sunday’ under Lord Saville’s chairmanship, cost ?200 million and took twelve and a half years (instead of two years). ‘Never again’, was the Government’s muted cry as the method of investigating the public concern was eventually replaced by the Inquiries Act 2005, by common consent a good piece of legislation. The overriding principle of fairness to witnesses was confirmed by Parliament to those who are ‘core participants’ to the event, but with limited rights to participate. The public inquiry, the author asserts, is now publicly administered as a Commission of Inquiry, and is correctly regarded as a branch of public administration that focuses on the systemic question of what went wrong, as opposed to which individuals were to blame.
Описание: This book examines the social processes that lead to the evolution of legal norms with global constitutional standing in contemporary society. It makes an important contribution to the sociology of constitutional law, post-legal national legal processes and human rights law. This title is also available as Open Access.
Автор: Louis Blom-Cooper Название: Public Inquiries: Wrong Route on Bloody Sunday ISBN: 1509931309 ISBN-13(EAN): 9781509931309 Издательство: Bloomsbury Academic Рейтинг: Цена: 3958.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Throughout the twentieth century, administrations have wrestled with allaying public concern over national disasters and social scandals. This book seeks to describe historically the use of public inquiries, and demonstrates why their methods continued to deploy until 1998 the ingrained habits of lawyers, particularly by issuing warning letters in order to safeguard witnesses who might be to blame. Under the influence of Lord Justice Salmon, the vital concern about systems and services allotted to social problems was relegated to the identification of individual blameworthiness. The book explains why the last inquiry under that system, into the events of 'Bloody Sunday' under Lord Saville's chairmanship, cost 200 million and took twelve and a half years (instead of two years). 'Never again', was the Government's muted cry as the method of investigating the public concern was eventually replaced by the Inquiries Act 2005, by common consent a good piece of legislation. The overriding principle of fairness to witnesses was confirmed by Parliament to those who are 'core participants' to the event, but with limited rights to participate. The public inquiry, the author asserts, is now publicly administered as a Commission of Inquiry, and is correctly regarded as a branch of public administration that focuses on the systemic question of what went wrong, as opposed to which individuals were to blame.
Описание: Graham Walker boldly recasts the debate over issues like constitutional interpretation and judicial review, and challenges contemporary thinking not only about specifically constitutional questions but also about liberalism, law, justice, and rights. Walker targets the "skeptical" moral nihilism of leading American judges and writers, on both the p
The Nordic countries are well known globally by their high human rights standards and at the same time a high degree of internet freedom. This edited collection reveals how the Nordic countries have succeeded in the task of protecting freedom of expression the new media. It contains an overview of public policy choices and best practices of domestic online companies, which can have the aspiration of finding global acceptance.
Reviewing the topic of freedom of expression in new media within Nordic and Baltic countries, this book incorporates both general themes and interesting country-specific themes that will provide wider knowledge on the development of freedom of expression and media law in the online media era. Comprehensive analysis of regulation of online media, both at the level of legislation and application of law in courts and other authorities, are included. This book will contribute to the on-going discussion as to whether there is a need to modify prevailing interpretation of freedom of expression.
Human Rights Law and Regulating Freedom of Expression in New Media focuses on the multi-layered and complicated relationship between internet and human rights law. It contributes to the ongoing discussion regarding the protection of freedom of expression in the internet in the context of various doctrines of constitutional law, including the proliferation of constitutional adjudication. It will be of interest to researchers, academics, policymakers, and students in the fields of human rights law, internet law, political science, sociology, cultural studies, media and communications studies, and technology.
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