Constitutional Contagion: COVID, the Courts, and Public Health, Wendy Parmet
Автор: Wendy Parmet Название: Constitutional Contagion: COVID, the Courts, and Public Health ISBN: 100909615X ISBN-13(EAN): 9781009096157 Издательство: Cambridge Academ Рейтинг: Цена: 3166.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Constitutional law has helped make Americans unhealthy. Drawing from law, history, political theory, and public health research, Constitutional Contagion explores the history of public health laws, the nature of liberty and individual rights, and the forces that make a nation more or less vulnerable to contagion. In this groundbreaking work, Wendy Parmet documents how the Supreme Court departed from past practice to stymie efforts to mitigate the COVID-19 pandemic and demonstrates how pre-pandemic court decisions helped to shatter social contracts, weaken democracy, and perpetuate the inequities that made the United States especially vulnerable when COVID-19 struck. Looking at judicial decisions from an earlier era, Parmet argues that the Constitution does not compel the stark individualism and disregard of public health that is evident in contemporary constitutional law decisions. Parmet shows us why, if we are to be a healthy nation, constitutional law must change.
Автор: Stanton Название: Criminalising Contagion ISBN: 1107091829 ISBN-13(EAN): 9781107091825 Издательство: Cambridge Academ Рейтинг: Цена: 16474.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume considers historical comparisons and the current laws in jurisdictions such as Canada, the United Kingdom and Norway in order to explore the question of if and when it is appropriate to criminalise the transmission of contagion.
Описание: The book offers a new perspective to Korean legal history by focusing on the judicial role in constitutional authoritarianism in the context of Korea`s political and constitutional transitions. It can be used as an accessible textbook on modern Korea.
Автор: Landfried Christine Название: Judicial Power ISBN: 1108425666 ISBN-13(EAN): 9781108425667 Издательство: Cambridge Academ Рейтинг: Цена: 18216.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Featuring works by scholars and practitioners, this book offers an exciting analysis of the power of national and transnational constitutional courts. In times of rising populism, the authors examine the conditions under which constitutional courts can be a resource for democratic governance. Of interest to students, researchers, and practitioners.
Описание: Examines how national legal systems resolve conflicts between international law and fundamental principles of domestic law. Drawing on nineteen detailed country studies, the national practices of an array of legal systems are analysed and assessed, highlighting the implications for the principle of supremacy of international law.
Автор: Mathen, Dr Carissima Название: Courts without cases ISBN: 1509945725 ISBN-13(EAN): 9781509945726 Издательство: Bloomsbury Academic Рейтинг: Цена: 6334.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective.
When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their 'advice', and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics. With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.
Название: Controversies in american federalism and public policy ISBN: 1138036641 ISBN-13(EAN): 9781138036642 Издательство: Taylor&Francis Рейтинг: Цена: 6123.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection examines how the constitutional politics of federalism affects governments and citizens from a public policy standpoint. It addresses the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law.
Автор: Carissima Mathen Название: Courts Without Cases: The Law and Politics of Advisory Opinions ISBN: 1509922490 ISBN-13(EAN): 9781509922499 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their ‘advice’, and about the nature of law. Tracking their use in Canada since the country’s Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics. With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.
Автор: Douglas Rice Название: Lighting the Way: Federal Courts, Civil Rights, and Public Policy ISBN: 0813943949 ISBN-13(EAN): 9780813943947 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 5405.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Do American federal courts, including the Supreme Court, lead or merely implement public policy? This is a critical question in the study and practice of law, with a long history of continued dispute and contradictory evidence. In Lighting the Way, Douglas Rice systematically examines both sides of this debate.
Автор: Heinz Klug, Sanele Sibanda, Sindiso Mnisi Weeks Название: The Rule of Law in South Africa ISBN: 1509957987 ISBN-13(EAN): 9781509957989 Издательство: Bloomsbury Academic Рейтинг: Цена: 13464.00 р. Наличие на складе: Нет в наличии.
Описание: This book explores and relates the contentious history of law in the geographic and socio-political space that becomes South Africa, with the contested conceptions of the rule of law reflected in the practice and academic analysis of law in South Africa in the past and present. The rule of law and its relationship to the legacies of colonial-apartheid is central to the continuing political and social conflict in post-apartheid South Africa. This is a history of contestation over the idea and use of law by official institutions and the multitude of social movements, political organisations, and communities who have turned to law to defend against abuse of power or to challenge authority and assert claims. These claims have been based in both official and unofficial law and have been asserted in the name of tradition, human rights, and/or international law. The book addresses the rule of law under colonialism and apartheid, during the democratic transition, and under South Africa’s existing constitutional order. It also considers extra-legal influences on the rule of law, such as the political economy of the country, and delves into the lived experience of the rule of law in a society where legal pluralism shapes the lives of large portions of the population.
Описание: Featuring works by scholars and practitioners, this book offers an exciting analysis of the power of national and transnational constitutional courts. In times of rising populism, the authors examine the conditions under which constitutional courts can be a resource for democratic governance. Of interest to students, researchers, and practitioners.
Автор: Anne Carter, Joe Tomlinson Название: Facts in Public Law Adjudication ISBN: 1509957383 ISBN-13(EAN): 9781509957385 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores critical issues about how courts engage with questions of fact in public law adjudication. Although the topic of judicial review — the mechanism through which individuals can challenge governmental action — continues to generate sustained interest amongst constitutional and administrative lawyers, there has been little attention given to questions of fact. This is so despite such determinations of fact often being hugely important to the outcomes and impacts of public law adjudication. The book brings together scholars from across the common law world to identify and explore contested issues, common challenges, and gaps in understanding. The various chapters consider where facts arise in constitutional and administrative law proceedings, the role of the courts, and the types of evidence that might assist courts in determining legal issues that are underpinned by complex and contested social or policy questions. The book also considers whether the existing laws and practices surrounding evidence are sufficient, and how other disciplines might assist the courts. The book reconnects the key practical issues surrounding evidence and facts with the lively academic debate on judicial review in the common law world; it therefore contributes to an emerging area of scholarly debate and also has practical implications for the conduct of litigation and government policy-making.
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