Search Results: constitutional-and-administrative-law-foundation-studies-in-law-series

Constitutional and Administrative Law

Author: Alex Carroll

Publisher: Pearson Higher Ed

ISBN: 1292176059

Category: Law

Page: 840

View: 4979

Specifically designed for LLB or GDL students, this student-friendly text can be relied upon to give you a solid understanding of the essential legal and political issues which underpin the British system of government and the rights and freedoms of those subject to it.

State Liability in Investment Treaty Arbitration

Global Constitutional and Administrative Law in the BIT Generation

Author: Santiago Montt

Publisher: Bloomsbury Publishing

ISBN: 1847315488

Category: Law

Page: 460

View: 9911

Today there are more than 2,500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages against host-states before international arbitral tribunals. This procedure, together with the requirement of compensation in indirect expropriations and the fair and equitable treatment standard, have transformed the way we think about state liability in international law. We live in the BIT generation, a world where BITs define the scope and conditions according to which states are economically accountable for the consequences of regulatory change and administrative action. Investment arbitration in the BIT generation carries new functions which pose unprecedented normative challenges, such as the arbitral bodies established to resolve investor/state disputes defining the relationship between property rights and the public interest. They also review state action for arbitrariness, and define the proper tests under which that review should proceed. State Liability in Investment Treaty Arbitration is an interdisciplinary work, aimed at academics and practitioners, which focuses on five key dimensions of BIT arbitration. First, it analyses the past practice of state responsibility for injuries to aliens, placing the BIT generation in historical perspective. Second, it develops a descriptive law-and-economics model that explains the proliferation of BITs, and why they are all worded so similarly. Third, it addresses the legitimacy deficits of this new form of dispute settlement, weighing its potential advantages and democratic shortfalls. Fourth, it gives a comparative overview of the universal tension between property rights and the public interest, and the problems and challenges associated with liability grounded in illegal and arbitrary state action. Finally, it presents a detailed legal study of the current state of BIT jurisprudence regarding indirect expropriations and the fair and equitable treatment clause.

Vigilance and Restraint in the Common Law of Judicial Review

Author: Dean R. Knight

Publisher: Cambridge University Press

ISBN: 1108119107

Category: Law

Page: N.A

View: 2659

The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.

Unlocking Constitutional and Administrative Law

Author: Mark Ryan,Steve Foster

Publisher: Routledge

ISBN: 1444179624

Category: Law

Page: 606

View: 6914

Constitutional and administrative law (Public law) is an essential element of all law degrees. UNLOCKING CONSTITUTIONAL & ADMINISTRATIVE LAW will ensure that you grasp the main concepts with ease, providing you with an indispensable foundation in the subject. This revised third edition is fully up-to-date with the latest key changes in the law. The UNLOCKING THE LAW series is designed specifically to make the law accessible. Each chapter contains: aims and objectives, activities such as self-test questions, key facts charts to consolidate your knowledge diagrams to aid memory and understanding prominently displayed cases and judgments chapter summaries a glossary of legal terminology essay questions with answer plans. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units. The website www.unlockingthelaw.co.uk provides free resources such as multiple choice questions and updates to the law.

Course Notes: Constitutional and Administrative Law

Author: John McGarry

Publisher: Routledge

ISBN: 1444166921

Category: Law

Page: 256

View: 2989

Course Notes is designed to help you succeed in your law examinations and assessments. Each guide supports revision of an undergraduate and conversion GDL/CPE law degree module by demonstrating good practice in creating and maintaining ideal notes. Course Notes will support you in actively and effectively learning the material by guiding you through the demands of compiling the information you need. Written by expert lecturers who understand your needs with examination requirements in mind Covers key cases, legislation and principles clearly and concisely so you can recall information confidently Contains numerous diagrams, definition boxes, workpoints, and other features to help you understand difficult concepts Provides opportunities throughout for you to check your understanding Additional online revision guidance such as sample essay plans, interactive quizzes and a glossary of legal terms at www.unlockingthelaw.co.uk

American Judicial Power

The State Court Perspective

Author: Michael Buenger,Paul J. De Muniz

Publisher: Edward Elgar Publishing

ISBN: 1783477903

Category: LAW

Page: 336

View: 5199

American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.

Constitutional Preambles

A Comparative Analysis

Author: Wim Voermans,Maarten Stremler

Publisher: Edward Elgar Publishing

ISBN: 178536815X

Category: Electronic books

Page: 320

View: 9199

While their use and significance have increased in recent decades, constitutional preambles have received only scant attention in academic literature. This presents a uniquely quantitative and qualitative analysis of all the preambles currently in force around the world and addresses fascinating questions concerning their occurrence, content, style, function and legal status. Studying preambles not only helps us understand the phenomenon itself, but also teaches us more about constitutions and the constitutional systems in which they are situated.

Social and Political Foundations of Constitutions

Author: Denis J. Galligan,Mila Versteeg

Publisher: Cambridge University Press

ISBN: 1107434572

Category: Law

Page: 696

View: 3141

This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies from nineteen countries. In the first part leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena.

Inside Administrative Law

What Matters and Why

Author: Jack M. Beermann

Publisher: Wolters Kluwer Law & Business

ISBN: 1454827610

Category: Law

Page: 394

View: 670

With dynamic learning features and visual aids, the Inside Series helps you make the most of your study time, throughout the semester and as you prepare for the final. Unlike heavily abridged treatises, the Inside Series is carefully written in a concise, straightforward style that clearly identifies the essential components of the law and how they fit together. You can quickly learn what is important and why. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you how each relates to the larger legal framework. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars give fascinating additional detail from legal history, policy, famous cases and more. The graphic design supports your visual learning, and features such as bolded key terms, summaries, and Connections help reinforce your understanding while giving you ample opportunity for self-review. Surprisingly concise, visually compelling, the Inside Series is extremely useful throughout the semester to help you identify the essential components of the law and how they fit together. Comprehensive coverage of the essential topics emphasizes what you need to know and why. Clear, straightforward, informal writing explains every topic for you without over-simplifying the concepts. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you why each matters and how it fits into the larger framework of the law. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars enrich the text with fascinating detail from legal history, policy, famous cases and more. Bolded key terms, Connections and summaries reinforce your understanding and give you ample opportunity for self-review. The overall graphical design of the series supports your visual learning.

The Alchemists

Questioning our Faith in Courts as Democracy-Builders

Author: Tom Gerald Daly

Publisher: Cambridge University Press

ISBN: 1108287190

Category: Law

Page: N.A

View: 2706

Can courts really build democracy in a state emerging from authoritarian rule? This book presents a searching critique of the contemporary global model of democracy-building for post-authoritarian states, arguing that it places excessive reliance on courts. Since 1945, both constitutional courts and international human rights courts have been increasingly perceived as alchemists, capable of transmuting the base materials of a nascent democracy into the gold of a functioning democratic system. By charting the development of this model, and critically analysing the evidence and claims for courts as democracy-builders, this book argues that the decades-long trend toward ever greater reliance on courts is based as much on faith as fact, and can often be counter-productive. Offering a sustained corrective to unrealistic perceptions of courts as democracy-builders, the book points the way toward a much needed rethinking of democracy-building models and a re-evaluation of how we employ courts in this role.

The U.s. Constitution and Comparative Constitutional Law

Texts, Cases, and Materials

Author: Steven Calabresi,Bradley Silverman,Joshua Braver

Publisher: Foundation Press

ISBN: 9781628101904

Category:

Page: 1200

View: 4358

With an Introduction by Justice Alito, this Comparative Constitutional Law casebook stands apart from other casebooks. It focuses on the 15 constitutional democracies in the G-20 Nations: 1) the United States, 2) the United Kingdom, 3) France, 4) Germany, 5) Japan, 6) Italy, 7) India, 8) Canada, 9) Australia, 10) Brazil, 11) South Korea, 12) South Africa, 13) Indonesia, 14) Mexico, and 15) the European Union. The G-20 Nations together comprise 85% of the world's GDP and two-thirds of the world's population. Thus, this casebook maintains a better sense of relevance than similar books, which often focus heavily on esoteric jurisdictions. It is also less Euro-centric than competing books; most chapters include cases from Brazil, Mexico, and India. Substantively, this casebook compares the constitutional law of the selected countries with respect to fourteen topics: 1) constitutionalism - constitutional history, constitution-making, amendment, and secession rules; 2) the emergence and nature of judicial review; 3) the separation of powers, bicameralism, and comparative administrative law; 4) federalism; 5) bills of rights, birthright freedom and equality, and human dignity; 6) equal protection of the laws; 7) freedom of expression; 8) freedom of religion; 9) civil, criminal, and appellate procedure; 10) protection of economic liberties; 11) positive social entitlements and state action; and, finally, 12) constitutional guarantees of democracy. It concludes with ideas that are of particular relevance to U.S. constitutional law. Pedagogically, this casebook contains more cases and fewer law review articles than competing books, making it teacher-friendly. It can be taught in a three-day weekly format, in a two-day weekly format, or in a once-a-week seminar format. It is accompanied by a comprehensive teacher's manual and suggested syllabi.

The Workplace Constitution from the New Deal to the New Right

Author: Sophia Z. Lee

Publisher: Cambridge University Press

ISBN: 1316061191

Category: History

Page: N.A

View: 7075

Today, most Americans lack constitutional rights on the job. Instead of enjoying free speech or privacy, they can be fired for almost any reason or no reason at all. This book uses history to explain why. It takes readers back to the 1930s and 1940s when advocates across the political spectrum - labor leaders, civil rights advocates and conservatives opposed to government regulation - set out to enshrine constitutional rights in the workplace. The book tells their interlocking stories of fighting for constitutional protections for American workers, recovers their surprising successes, explains their ultimate failure, and helps readers assess this outcome.

Finding Legal Information

A Guide to Print and Electronic Sources

Author: David Pester

Publisher: Elsevier

ISBN: 1780630581

Category: Language Arts & Disciplines

Page: 308

View: 2204

Given the vast amount of legal information available, it is sometimes very difficult - and certainly very time consuming - to know where to start looking for the specific information you require. This book, covering the most up-to-date information sources (printed and electronic), helps guide the reader towards the information they need. It is an accessible and easy-to-use directory of legal information sources for librarians, lawyers, students and anyone needing legal information. The book covers mainly British and European Union law and includes general material and the main subject areas, including online and internet sources. It also lists reference material, such as legal dictionaries and directories. The book is essentially a directory of information sources, with publishing details (including ISBN), and short comments where useful. Electronic sources are mentioned where relevant, with details of scope and any limitations of coverage. Comprehensive and up-to-date (covering electronic sources and important legal developments, including civil procedure and human rights) Covers the massive expansion of information on the web and online services Based on the author’s considerable experience – thus, he has gained a detailed and wide ranging understanding and appreciation of users’ needs and areas of interest

Constitutional & Administrative Law

Author: Neil Parpworth

Publisher: Oxford University Press

ISBN: 0198747527

Category:

Page: 608

View: 4269

Presenting wide-ranging and accurate coverage of constitutional and administrative law, this title is structured in a logical and practical way, supporting students as they progress in the subject.

Law and Judicial Duty

Author: Philip HAMBURGER

Publisher: Harvard University Press

ISBN: 0674038193

Category: Law

Page: 704

View: 1091

Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.

Constitutional Law Stories

Author: Michael C. Dorf

Publisher: N.A

ISBN: N.A

Category: Law

Page: 561

View: 4584

This publication provides a student with an understanding of 15 leading U.S. constitutional law cases, focusing on how the litigation was shaped by lawyers, judges and socioeconomic factors, and why the cases have attained landmark status. It is suitable for adoption as a supplement in an introductory constitutional law course, or as a text for an advanced seminar.

Philosophical Foundations of Constitutional Law

Author: University Professor of Law and Philosophy David Dyzenhaus,Malcolm Thorburn

Publisher: Oxford University Press

ISBN: 0198754523

Category:

Page: 350

View: 2250

Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions,' challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics and philosophy.

Gellhorn and Byse's Administrative Law

Cases and Comments

Author: Peter L. Strauss,Cynthia R. Farina

Publisher: N.A

ISBN: 9781599414294

Category: Law

Page: 1508

View: 1826

This authoritative casebook presents a comprehensive treatment of the doctrinal basis of administrative law that students need to know to practice competently and also a substantial development of the scholarly literature that has, from many perspectives, critiqued the existing law. The 11th edition continues the tradition of offering instructors a rich theoretical, historical and political context for the cases. At the same time, recognizing changing pedagogical demand, the book offers a leaner presentation of many topics and more cues for helping students navigate the book.

Unlocking Constitutional and Administrative Law

Author: Mark Ryan,Steve Foster

Publisher: Routledge

ISBN: 1317313593

Category: Law

Page: 672

View: 9294

Constitutional and administrative law (public law) is an essential element of all law degrees. Unlocking Constitutional and Administrative Law will ensure that you grasp the main concepts with ease, while giving you an indispensable foundation in the subject. This revised fourth edition is fully up to date with the latest key changes in the law and constitutional developments. The UNLOCKING THE LAW series is designed specifically to make the law accessible. Each chapter contains: aims and objectives; activities such as self-test questions; charts of key facts to consolidate your knowledge; diagrams to aid memory and understanding; prominently displayed cases and judgments; chapter summaries; a glossary of legal terminology; essay questions with answer plans. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units.

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