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Legislated Rights
Argues that legislatures are necessary for securing human rights, and opposes theories that locate that responsibility primarily with courts.
It Was Vulgar and It Was Beautiful
Shortlisted for the J. Anthony Lukas Prize The story of art collective Gran Fury—which fought back during the AIDS crisis through direct action and community-made propaganda—offers lessons in love and grief. In the late 1980s, the AIDS pandemic was annihilating queer people, intravenous drug users, and communities of color in America, and disinformation about the disease ran rampant. Out of the activist group ACT UP (AIDS Coalition to Unleash Power), an art collective that called itself Gran Fury formed to campaign against corporate greed, government inaction, stigma, and public indifference to the epidemic. Writer Jack Lowery examines Gran Fury’s art and activism from iconic images li...
Courts, Politics and Constitutional Law
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Proportionality and Transformation
This is the first book on proportionality in Latin American constitutional law. Leading scholars in the region explore how proportionality analysis has become a key part of the constitutional law of a region where, almost paradoxically, constitutions with clear transformative intentions coexist with the highest indicators of social inequality in the world. In this book, scholars, practitioners and students will find a fascinating account of how proportionality has been a central concept in Latin America's constitutional struggles to curtail excessive uses of state power. The book illustrates how, more recently, proportionality has played an important role in national processes of constitutionalization and transitional justice, and how its current uses in the domain of social rights endow it with a distinctive meaning and role in regional constitutionalism. This pioneering book opens up the space for a much needed global conversation on how Latin America has decisively contributed to comparative constitutional law.
Modern Statutory Interpretation
Statutory interpretation is both a distinct body of law governing the determination of the meaning of legislation and a task that requires a set of skills. It is thus an essential area of legal practice, education and research. Modern Statutory Interpretation: Framework, Principles and Practice is an original, clear, coherent and research-based account of contemporary Australian statutory interpretation. Written by experts in the field, the book provides a comprehensive coverage of statutory interpretation law as well as examining related areas such as legislative drafting, the parliamentary process, the modern history of interpretation, sources of doubt, and interpretation techniques. The content is structured in eight parts. Parts I-III introduce foundational matters, Parts IV-VII deal with the general principles of interpretation, and Part VIII examines special interpretative issues. Modern Statutory Interpretation is an essential resource for legal professionals, legal researchers, and students undertaking advanced courses in statutory interpretation in Australia.
Deference in Human Rights Adjudication
In human rights adjudication, courts sometimes face issues that they lack the expertise or constitutional legitimacy to resolve. One way of dealing with such issues is to 'defer', or accord a margin of appreciation, to the judgments of public authorities. This raises two important questions: what devices courts should use to exercise deference, and how deference can be made more workable for judges and predictable for litigants. Combining in-depth conceptual analysis with practice in a broad range of jurisdictions, Deference in Human Rights Adjudication answers these questions. It introduces six devices for deference (namely, the burden of proof, standard of proof, standard of review, giving...
The Impact of Political Economy
In our late modern pluralistic societies, there are tensions and complementarities between a plurality of individual and social claims and activities to shape societal life and a constructive pluralism of what is known as social systems. The latter provide normative codes and powers emanating from the areas of law, religion, the family, the market, the media, education, academic research, health care, defense and politics. A better understanding and steering of this complex division of powers is crucial for the common good and for freedom and peace. In this volume, a multi-disciplinary team of experts from Germany, Italy, Australia, the UK, the USA, and South Africa bring their conceptual, empirical and historical insights to bear in three broad sections: »The moral dimension of social systems«; »The interaction of religion, law and education with political systems«; and »The moral (mal)-formation evident in case studies on the global financial crisis and social media«.
Restless Revolutionaries
From regicides to revolutionaries; from fascists to anarchists; from Tom Paine to Tom Wintringham, this book is a history of noble ideals and crushing failures in which Clive Bloom takes us on a journey through British history, exploring our often rocky relationship with the ruling elite. A History of Britian's Fight for a Republic reveals our surprising legacy of terrorism and revolution, reminding us that Britain has witnessed centuries of revolt. This is a history encompassing three bloody civil wars in Ireland, the bombing campaigns by the IRA, two Welsh uprisings, one Lowland Scottish civil war, uprisings in Derbyshire and Kent, five attempts to assassinate the entire cabinet and seize London, and numerous attempts to murder the royal family. This new and revised edition takes the story of modern monarchy back to its origins in the Anglo-Saxon kingdoms and forward to the reign of Charles III and includes the story of the continuing struggle for democratic rights and republican values from medieval times up to the present struggle for Scottish and Welsh independence.
Liberal Democracies and the Torture of Their Citizens
This book analyses and compares how the USA's liberal allies responded to the use of torture against their citizens after 9/11. Did they resist, tolerate or support the Bush Administration's policies concerning the mistreatment of detainees when their own citizens were implicated and what were the reasons for their actions? Australia, the UK and Canada are liberal democracies sharing similar political cultures, values and alliances with America; yet they behaved differently when their citizens, caught up in the War on Terror, were tortured. How states responded to citizens' human rights claims and predicaments was shaped, in part, by demands for accountability placed on the executive government by domestic actors. This book argues that civil society actors, in particular, were influenced by nuanced differences in their national political and legal contexts that enabled or constrained human rights activism. It maps the conditions under which individuals and groups were more or less likely to become engaged when fellow citizens were tortured, focusing on national rights culture, the domestic legal and political human rights framework, and political opportunities.
A Christian Approach to Corporate Religious Liberty
This book addresses one of the most urgent issues in contemporary American law—namely, the logic and limits of extending free exercise rights to corporate entities. Pointing to the polarization that surrounds disputes like Burwell v. Hobby Lobby, David argues that such cases need not involve pitting flesh-and-blood individuals against the rights of so-called “corporate moral persons.” Instead, David proposes that such disputes should be resolved by attending to the moral quality of group actions. This approach shifts attention away from polarizing rights-talk and towards the virtues required for thriving civic communities. More radically, however, this approach suggests that groups themselves should not be viewed as things or “persons” in the first instance, but rather as occasions of coordinated activity. Discerned in the writings of Saint Thomas Aquinas, this reconceptualization helps illuminate the moral stakes of a novel—and controversial—form of religious freedom.
