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: Although the Federal Republic of Germany and the United States share many legal, social, and political values, they also represent different traditions in terms of how each understands the idea of universal human rights. The contributors to this volume represent legal-constitutional, historical, bio-ethical, philosophical, and social science reflections on what the two nation states share, and what distinguishes their understanding of universal human rights. The rise of neo-populist and authoritarian nationalist impulses in Europe and the Americas, the differing responses of the two liberal democratic republics provide an insight into how each nation state still affirms a long-standing commitment to universal human rights. No other work in German or English currently provides a comparison between the two countries and across many disciplines.
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.
Автор: Matthew Groves, Janina Boughey, Dan Meagher Название: The Legal Protection of Rights in Australia ISBN: 150991983X ISBN-13(EAN): 9781509919833 Издательство: Bloomsbury Academic Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: How do you protect rights without a Bill of Rights? Australia does not have a national Bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced in common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position - that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection - to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. The book shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.
Автор: Matthew Groves, Greg Weeks Название: Legitimate Expectations in the Common Law World ISBN: 1509929738 ISBN-13(EAN): 9781509929733 Издательство: Bloomsbury Academic Рейтинг: Цена: 7126.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213. Although the substantive form of legitimate expectation adopted in Coughlan was quickly accepted by English courts and received a generally favourable response from public law scholars, the doctrine of that case has largely been rejected in other common law jurisdictions. The central principles of Coughlan have been rejected by courts in common law jurisdictions outside the UK for a range of reasons, such as incompatibility with local constitutional doctrine, or because they mark an undesirable drift towards merits review. The sceptical and critical reception to Coughlan outside England is a striking contrast to the reception the case received within the UK. This book provides a detailed scholarly analysis of these issues and considers the doctrine of legitimate expectations both in England and elsewhere in the common law world.
Автор: Tarkington, Margaret C. Название: In search of the first amendment rights of lawyers ISBN: 1107146836 ISBN-13(EAN): 9781107146839 Издательство: Cambridge Academ Рейтинг: Цена: 9187.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Voice of Justice is the first book to address the First Amendment rights of lawyers, providing a critical resource for lawyers, judges, and scholars. Securing lawyers` rights is essential to the justice system because it protects the lawyer in safeguarding client interests and in invoking, avoiding, and checking government power.
Автор: Dawson Название: The Governance of EU Fundamental Rights ISBN: 110707049X ISBN-13(EAN): 9781107070493 Издательство: Cambridge Academ Рейтинг: Цена: 11880.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides a comprehensive overview of how human rights are protected in the EU. As well as tracking the performance of different EU institutions in relation to rights, it examines two important policy fields in greater depth: social rights and rule of law protection.
Автор: Matthew Groves, Greg Weeks Название: Legitimate Expectations in the Common Law World ISBN: 1849467781 ISBN-13(EAN): 9781849467780 Издательство: Bloomsbury Academic Рейтинг: Цена: 19008.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan 2001] 3 QB 213. Although the substantive form of legitimate expectation adopted in Coughlan was quickly accepted by English courts and received a generally favourable response from public law scholars, the doctrine of that case has largely been rejected in other common law jurisdictions. The central principles of Coughlan have been rejected by courts outside the UK for a range of reasons, including an incompatibility with local constitutional doctrine, and because they mark an undesirable drift towards merits review. The sceptical and critical reception to Coughlan outside England is a striking contrast to the reception the case received within the UK. This book provides a detailed scholarly analysis of these issues and considers the doctrine of legitimate expectations, both in England and elsewhere in the common law world. (Series: Hart Studies in Comparative Public Law, Vol. 12) Subject: Constitutional & Administrative Law, Comparative Law]
Описание: This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid. Subject: Criminal Law, Public Law, Asylum Law, Refugee Law, Human Rights, Comparative Law]
Автор: Mark Elliott, Kirsty Hughes Название: Common Law Constitutional Rights ISBN: 150990686X ISBN-13(EAN): 9781509906864 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: There is a developing body of legal reasoning in the United Kingdom Supreme Court in which members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. Their calls for a shift in legal reasoning have created a sense amongst both scholars and the judiciary that something significant is happening. Yet despite renewed academic and judicial interest we have limited insight into what common law constitutional rights we have, how they work and what they offer. This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. It therefore contributes not only to our understanding of what the common law might be capable of offering in terms of the protection of rights, but also to our understanding of the nature of the constitutional order of which such rights are an integral part.
Автор: Leckey Название: Bills of Rights in the Common Law ISBN: 1107680638 ISBN-13(EAN): 9781107680630 Издательство: Cambridge Academ Рейтинг: Цена: 5386.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Arguing that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate, Robert Leckey provides a detailed comparative account of how judges apply new bills of rights in Canada, South Africa and the United Kingdom, and how their practices deny justice to individuals.
Автор: Leckey Название: Bills of Rights in the Common Law ISBN: 1107038537 ISBN-13(EAN): 9781107038530 Издательство: Cambridge Academ Рейтинг: Цена: 15682.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Arguing that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate, Robert Leckey provides a detailed comparative account of how judges apply new bills of rights in Canada, South Africa and the United Kingdom, and how their practices deny justice to individuals.
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