Описание: Canadian legislatures regularly assign what are truly court functions to non-court, government tribunals. These executive branch “judicial” tribunals are surrogate courts and together comprise a little-known system of administrative justice that annually makes hundreds of thousands of contentious, life-altering judicial decisions concerning the everyday rights of both individuals and businesses. This book demonstrates that, except perhaps in Quebec, the administrative justice system is a justice system in name only. Failing to conform to rule-of-law principles or constitutional norms, its tribunals are neither independent nor impartial and are only providentially competent. Unjust by Design describes a justice system in transcendent need of major restructuring and provides a blueprint for change.
Описание: Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.
Описание: Written by a team of criminal and public law practitioners, this is a comprehensive guide to challenging decisions of criminal courts and public bodies in the criminal justice system using judicial review.
Описание: This new edition upon the 50th anniversary of In re Gault includes expanded coverage of the Roberts Court`s juvenile justice decisions including Miller v. Alabama; explains how disregard for children`s constitutional rights led to the ""Kids for Cash"" scandal in Pennsylvania; new legal developments in the Gault case; and, updates the bibliography and chronology.
Описание: Property Rights and Social Justice analyses 'progressive property' in action by examining the role of constitutional property rights guarantees in mediating private ownership and social justice. It combines insights from property theory with enlightening doctrinal analysis of the interaction between property rights and social justice in the constitutional and broader legal context. It does so through the prism of the Irish Constitution's property guarantees, which uniquely in the English-speaking, common law world both protect property rights and requires their regulation by the State to secure social justice. Through this analysis, the book grounds key debates in contemporary property theory in fresh, illuminating doctrinal examples, and enhances global debates about the constitutional protection of property rights. It argues that primacy is perhaps inevitably afforded to political determinations about the appropriate mediation of property rights and social justice, meaning that the political impact of constitutionalisation needs to be disentangled from its strict legal effects.
Автор: Antje du Bois-Pedain, Magnus Ulv?ng, Petter Asp Название: Criminal Law and the Authority of the State ISBN: 1509905138 ISBN-13(EAN): 9781509905133 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers and public lawyers address questions of criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the use of criminal law to suppress challenges to state authority; the purposes and mechanisms of state punishment; the value of coherence in legal systems; the interface between tort and crime; and the importance of doctrinal guidance in the application of criminal law. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance. (Series: Studies in Penal Theory and Penal Ethics, Vol. 6) Subject: Criminal Law, Constitutional Law, Legal Philosophy]
Автор: Veronika Fikfak, Hayley Hooper Название: Parliament`s Secret War ISBN: 1509902872 ISBN-13(EAN): 9781509902873 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The invasion of Iraq in 2003, and the coalition government's failure to win parliamentary approval for armed intervention in Syria in 2013, mark a period of increased scrutiny of the process by which the UK engages in armed conflict. For much of the media and civil society there now exists a constitutional convention which mandates that the Government consults Parliament before commencing hostilities. This is celebrated as representing a redistribution of power from the executive towards a more legitimate, democratic institution. This book offers a critical inquiry into Parliament's role in the war prerogative since the beginning of the twentieth century, evaluating whether the UK's decisions to engage in conflict meet the recognised standards of good-governance: accountability, transparency, and participation. The analysis reveals a number of persistent problems in the decision-making process, including Parliament's lack of access to relevant information, government 'legalisation' of parliamentary debates which frustrates broader discussions of political legitimacy, and the skewing of debates via the partial public disclosure of information based upon secret intelligence. The book offers solutions to these problems to reinvigorate parliamentary discourse and address government withholding of classified information. It will be essential reading for anyone interested in war powers, the relationship between international law and domestic politics, and the role of the Westminster Parliament in questions of national security. (Series: Hart Studies in Security and Justice, Vol. 2) Subject: Constitutional & Administrative Law, UK Law, National Security]
Описание: Brown v. Board of Education is widely recognised as one of the US Supreme Court`s most important decisions in the twentieth century. Robert H. Jackson, an associate justice on the case, is generally considered one of the Court`s most gifted writers. This book visits Brown v. Board of Education from Jackson`s perspective and offers a reinterpretation of the justice`s thinking.
Автор: Horder, Jeremy Название: Criminal Misconduct in Office ISBN: 0198823703 ISBN-13(EAN): 9780198823704 Издательство: Oxford Academ Рейтинг: Цена: 11880.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Democracy cannot function if the public loses faith in politicians, and that faith will be lost if politicians abuse their power with impunity. This book analyses the criminal offence of misconduct in office, and explains how it should be used, along with other measures, to hold politicians to account for abuse of their position.
Автор: Palmer Ellie Название: Access to Justice ISBN: 1509921141 ISBN-13(EAN): 9781509921140 Издательство: Bloomsbury Academic Рейтинг: Цена: 5384.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.
Автор: Tarkington Margaret C. Название: Voice of Justice ISBN: 131660098X ISBN-13(EAN): 9781316600986 Издательство: Cambridge Academ Рейтинг: Цена: 4435.00 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.
Описание: This book presents the case that liberal constitutionalism in the global South is a legacy of colonialism and is inappropriate as a means of securing effective peace in regions that have been subject to recurrent conflict.
ООО "Логосфера " Тел:+7(495) 980-12-10 www.logobook.ru
