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Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administer...
This book is designed especially for use in Hong Kong to teach the basic skills of finding legal materials, both printed and computer-based ones. Its objective is to help students explore the range of materials which they will use in the course of their legal education, and thereafter in the practice of law.
Human rights are at the heart of UNESCO's work in the fields of education, science and culture. Conceived from an international human rights legal framework, this publication combines insights into the content, scope of application and corresponding state obligations of these rights with analyses of issues relating to their implementation.--Publisher's description.
This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.
This book explores the implications of globalisation for the theoretical study of law, justice, and human rights.
香港回歸至今已快有二十年,不過市面上反映侵權法發展的中文書籍不多。侵權法為一重要且與日常生活息息相關的法律科目,包括的範圍廣泛,一般市民可能都有機會遇到。以下為一些司法機構曾處理的侵權法個案例子:專業人士如因疏忽向他人提供錯誤但沒有收取該人酬勞的意見須否承擔責任?公司董事須否為公司之侵權行為承擔個人責任?如別人在自己土地上空架置物件可否作出反對?商場負責人在下大雨天應如何確保進入商場人士不致因地面被水弄濕而跌倒受傷?網站負責人會否因他人在網站上作出誹謗留言而負上責任?羅博士在本書中以深入淺出的方法介紹有關侵權法的法律原則,書中附以不少香港案例,適合本地讀者閱讀。
Examines contemporary perspectives on law through Twining's scholarly work and with a focus on ethical, global and theoretical contexts.
This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Ac...
What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question barely received any attention. The book identifies justiciability—or, more broadly, enforceability—as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the State; otherwise, it would remain a ‘right’ only on paper. The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability remains unfulfilled. It deals with the possible alternative means the State may provide for the poor to claim the benefits under Article 21A, and identifies the grievance-redress mechanism created by the ‘Right of Children to Free and Compulsory Education Act, 2009’ as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.