David Dyzenhaus's Books

Hard Cases in Wicked Legal Systems

Pathologies of Legality

By: David Dyzenhaus

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Hard Cases in Wicked Legal Systems

Pathologies of Legality

By: David Dyzenhaus

This influential book makes sense of abstract debates about the nature of law and the rule of law by situating them in the real-world context of apartheid-era South Africa. The new edition examines the transformation in South Africa since the end of apartheid, and the shift in debates surrounding the rule of law post 9/11.

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337

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Oxford University Press (UK)

Published Date

ISBN 10

0199532214

ISBN 13

9780199532216

The Long Arc of Legality

Hobbes, Kelsen, Hart

By: David Dyzenhaus

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The Long Arc of Legality

Hobbes, Kelsen, Hart

By: David Dyzenhaus

Explores how the central question of philosophy of law is the legal subject's: how can that be law for me?

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491

Publisher

Cambridge University Press

Published Date

ISBN 10

1316518051

ISBN 13

9781316518052

Judging the Judges, Judging Ourselves

Truth, Reconciliation and the Apartheid Legal Order

By: David Dyzenhaus

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Judging the Judges, Judging Ourselves

Truth, Reconciliation and the Apartheid Legal Order

By: David Dyzenhaus

With a Foreword by the South African Minister of Water Affairs and Forestry, Kader Asmal. The Truth and Reconciliation Commission (TRC), established in South Africa after the collapse of apartheid, was the bold creation of a people committed to the task of rebuilding of a nation and establishing a society founded upon justice, equality and respect for the rule of law. As part of its historic, cathartic, mission, the TRC held a special hearing, calling to account the lawyers - judges, academics and members of the bar -who had been crucial participants in the apartheid legal order. This book is an account of those hearings, and an attempt to evaluate, in the light of theories of adjudication, the historical role of the judiciary and bar in the apartheid years. This book offers us the spectacle of an entire legal system on trial. The echoes from this process are captured here in a way which will appeal to all readers, lawyers and non-lawyers alike, interested in the relationship between law and justice, as it is exposed during a period of transition to democracy.

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220

Publisher

Hart Publishing

Published Date

ISBN 10

1901362949

ISBN 13

9781901362947

Russia's New Authoritarianism

Putin and the Politics of Order

By: David G. Lewis

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Russia's New Authoritarianism

Putin and the Politics of Order

By: David G. Lewis

David G. Lewis explores the transformation of Russian domestic politics and foreign policy under Vladimir Putin. Using contemporary case studies - including Russia's legal system, the annexation of Crimea and Russian policy in Syria - he critically examines Russia's new authoritarian political ideology.

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280

Publisher

Edinburgh University Press

Published Date

ISBN 10

147445478X

ISBN 13

9781474454780

The Plurality Trilemma

A Geometry of Global Legal Thought

By: David Roth-Isigkeit

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The Plurality Trilemma

A Geometry of Global Legal Thought

By: David Roth-Isigkeit

This book provides a comprehensive introduction to global legal thought. It argues that economic globalization and digitalization have induced significant insecurity about the future of human social organization. While traditional international law as a system based on the consent of national states is in the process of rapid adaptation to its new social preconditions, a variety of transnational regulatory levels compete for legal authority. In this process of change, there is more need than ever to guide the theoretical understanding because academic concepts have a crucial influence on the emerging practice of global law. This book highlights which choices are available and argues that global law requires taking a stand in mutually irreconcilable choices.

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306

Publisher

Springer

Published Date

ISBN 10

3319728563

ISBN 13

9783319728568

Q&A Jurisprudence 2011-2012

By: David Brooke

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Q&A Jurisprudence 2011-2012

By: David Brooke

Routledge Q&As give you the ideal opportunity to practice and refine your exam technique, helping you to apply your knowledge most effectively in an exam situation. Each book contains approximately fifty essay and problem-based questions on topics commonly found on exam papers, complete with answer plans and fully worked model answers. Our authors have also highlighted common mistakes as well as offering you tips to achieve the very best marks. What’s more, Routledge Q&As are written by lecturers who are also examiners, giving you an exclusive insight into exactly what examiners are looking for in an answer.

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261

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Routledge

Published Date

ISBN 10

1136838899

ISBN 13

9781136838897

Constitutionalizing Economic Globalization

Investment Rules and Democracy's Promise

By: David Schneiderman

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Constitutionalizing Economic Globalization

Investment Rules and Democracy's Promise

By: David Schneiderman

Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions – between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.

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Cambridge University Press

Published Date

ISBN 10

1139470094

ISBN 13

9781139470094

Fundamental Rights and the Legal Obligations of Business

By: David Bilchitz

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Fundamental Rights and the Legal Obligations of Business

By: David Bilchitz

Corporations can significantly affect the fundamental rights of individuals. This book investigates how to determine the substantive content of their obligations that emanate from these rights. In doing so, it addresses important conceptual issues surrounding fundamental rights. From an investigation of existing legal models, a clear structural similarity surfaces in how courts make decisions about corporate obligations. The book seeks to systematise, justify and develop this emergent 'multi-factoral approach' through examining key factors for determining the substantive content of corporate obligations. The book defends the use of the proportionality test for ascertaining corporations' negative obligations and outlines a novel seven-step test for determining their positive obligations. The book finally proposes legal and institutional reforms - on both the national and international levels - designed to enhance the quality of decision-making surrounding corporate obligations, and embed fundamental rights within the corporate structure and the minds of key decision-makers.

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523

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Cambridge University Press

Published Date

ISBN 10

1108901522

ISBN 13

9781108901529

Oxford Studies in Political Philosophy Volume 10

By: DAVID. WALL SOBEL (STEVEN.)

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Oxford Studies in Political Philosophy Volume 10

By: DAVID. WALL SOBEL (STEVEN.)

This is the tenth volume of Oxford Studies in Political Philosophy. The series aims to publish some of the best contemporary work in the vibrant field of political philosophy and its closely related subfields, including jurisprudence, normative economics, political theory in political science departments, and just war theory.

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223

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Oxford University Press

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ISBN 10

0198909462

ISBN 13

9780198909460

The Age of Deference

The Supreme Court, National Security, and the Constitutional Order

By: David Rudenstine

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The Age of Deference

The Supreme Court, National Security, and the Constitutional Order

By: David Rudenstine

In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.

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345

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Oxford University Press

Published Date

ISBN 10

019938150X

ISBN 13

9780199381500

Inside and Outside Canadian Administrative Law

Essays in Honour of David Mullan

By: David J. Mullan

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Inside and Outside Canadian Administrative Law

Essays in Honour of David Mullan

By: David J. Mullan

The rise to prominence of administrative law in the second half of the twentieth century is often remarked upon as the greatest legal development of the period. In this process there has been considerable borrowing of ideas and learning from experiences elsewhere in the common law world. This volume brings together administrative law scholars and judges from around the globe to address important issues in the field and to honour the career of one of the leading administrative lawyers in the Anglo-Commonwealth world, Professor David Mullan. Editors Grant Huscroft and Michael Taggart have identified the broad themes in Mullan's work - procedural fairness; scope of review and deference; the interrelationship of administrative law and human rights; the legitimacy of state regulation and tribunal adjudication; common law comparativism - and invited contributions on those themes from leading scholars in Canada, the United Kingdom, Australia, South Africa, and the United States. A fitting tribute to a great scholar, Inside and Outside Canadian Administrative Law will prove fascinating to students, teachers, and practitioners of administrative law as well as policy makers and political scientists.

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513

Publisher

University of Toronto Press

Published Date

ISBN 10

0802092454

ISBN 13

9780802092458

Perils of Judicial Self-Government in Transitional Societies

By: David Kosař

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Perils of Judicial Self-Government in Transitional Societies

By: David Kosař

This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.

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487

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Cambridge University Press

Published Date

ISBN 10

1107112125

ISBN 13

9781107112124

Q&A Jurisprudence 2013-2014

By: David Brooke

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Q&A Jurisprudence 2013-2014

By: David Brooke

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These new editions for 2013-2014 will provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them: ‘Aim Higher’ and ‘Common Pitfalls’ offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus Q&As and multiple-choice questions to help you focus your revision more effectively.

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590

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Routledge

Published Date

ISBN 10

1136187626

ISBN 13

9781136187629

The Crown and the Courts

Separation of Powers in the Early Jewish Imagination

By: David C. Flatto

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The Crown and the Courts

Separation of Powers in the Early Jewish Imagination

By: David C. Flatto

A scholar of law and religion uncovers a surprising origin story behind the idea of the separation of powers. The separation of powers is a bedrock of modern constitutionalism, but striking antecedents were developed centuries earlier, by Jewish scholars and rabbis of antiquity. Attending carefully to their seminal works and the historical milieu, David Flatto shows how a foundation of democratic rule was contemplated and justified long before liberal democracy was born. During the formative Second Temple and early rabbinic eras (the fourth century BCE to the third century CE), Jewish thinkers had to confront the nature of legal authority from the standpoint of the disempowered. Jews struggled against the idea that a legal authority stemming from God could reside in the hands of an imperious ruler (even a hypothetical Judaic monarch). Instead scholars and rabbis argued that such authority lay with independent courts and the law itself. Over time, they proposed various permutations of this ideal. Many of these envisioned distinct juridical and political powers, with a supreme law demarcating the respective jurisdictions of each sphere. Flatto explores key Second Temple and rabbinic writings—the Qumran scrolls; the philosophy and history of Philo and Josephus; the Mishnah, Tosefta, Midrash, and Talmud—to uncover these transformative notions of governance. The Crown and the Courts argues that by proclaiming the supremacy of law in the absence of power, postbiblical thinkers emphasized the centrality of law in the people’s covenant with God, helping to revitalize Jewish life and establish allegiance to legal order. These scholars proved not only creative but also prescient. Their profound ideas about the autonomy of law reverberate to this day.

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Page Count

380

Publisher

Harvard University Press

Published Date

ISBN 10

0674249585

ISBN 13

9780674249585

Q&A Jurisprudence

By: David Brooke

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Q&A Jurisprudence

By: David Brooke

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts.

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338

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Routledge

Published Date

ISBN 10

1317563565

ISBN 13

9781317563563

Jews of the Channel Islands and the Rule of Law, 1940-1945

'Quite contrary to the principles of British Justice'

By: David Fraser

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Jews of the Channel Islands and the Rule of Law, 1940-1945

'Quite contrary to the principles of British Justice'

By: David Fraser

From 1940 to 1945 the Channel Islands were the only part of Britain to fall under German occupation. This is an examination of the ways in which officials co-operated in the implementation of legal measures against the islands' Jewish community and their property.

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446

Publisher

Liverpool University Press

Published Date

ISBN 10

1836241887

ISBN 13

9781836241881

The Formation of Reason

By: David Bakhurst

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The Formation of Reason

By: David Bakhurst

In The Formation of Reason, philosophy professor David Bakhurst utilizes ideas from philosopher John McDowell to develop and defend a socio-historical account of the human mind. Provides the first detailed examination of the relevance of John McDowell's work to the Philosophy of Education Draws on a wide-range of philosophical sources, including the work of 'analytic' philosophers Donald Davidson, Ian Hacking, Peter Strawson, David Wiggins, and Ludwig Wittgenstein Considers non-traditional ideas from Russian philosophy and psychology, represented by Ilyenkov and Vygotsky Discusses foundational philosophical ideas in a way that reveals their relevance to educational theory and practice

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287

Publisher

John Wiley & Sons

Published Date

ISBN 10

1444395599

ISBN 13

9781444395594

Election Law and Democratic Theory

By: David Schultz

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Election Law and Democratic Theory

By: David Schultz

While numerous books and articles examine various aspects either of democratic theory or of specific topics in election law, there is no comprehensive book that provides a detailed and scholarly discussion of the political and democratic theory underpinnings of election law. Election Law and Democratic Theory fills this important gap, as author David Schultz offers a scholarly analysis of the political principles and democratic values underlying election law and the regulation of political campaigns and participants in the United States. The book provides the first full-length examination of the political theories that form the basis for many of the current debates in election law that structure both Supreme Court and scholarly considerations of topics ranging from campaign finance reform, voting rights, reapportionment, and ballot access to the rights of political parties, the media, and other players in the system. It challenges much of the current debate in election law and argues for more discussion and development of a democratic political theory to support and guide election law jurisprudence.

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332

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Routledge

Published Date

ISBN 10

1317145291

ISBN 13

9781317145295

Revolution and Constitutionalism in Britain and the U.S.

Burke and Madison and Their Contemporary Legacies

By: David A. J. Richards

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Revolution and Constitutionalism in Britain and the U.S.

Burke and Madison and Their Contemporary Legacies

By: David A. J. Richards

In Revolution and Constitutionalism in Britain and the U.S.: Burke and Madison and Their Contemporary Legacies, David A. J. Richards offers an investigative comparison of two central figures in late eighteenth-century constitutionalism, Edmund Burke and James Madison, at a time when two great constitutional experiments were in play: the Constitution of the Glorious Revolution of 1688 and the U.S. Constitution of 1787. Richards assesses how much, as liberal Lockean constitutionalists, Burke and Madison shared and yet differed regarding violent revolution, offering three pathbreaking and original contributions about Burke’s importance. First, the book defends Burke as a central figure in the development and understanding of liberal constitutionalism; second, it explores the psychology that led to his liberal voice, including Burke’s own long-term loving relationship to another man; and third, it shows how Burke’s understanding of the political psychology of the violence of “political religions” is an enduring contribution to understanding fascist threats to political liberalism from the eighteenth-century onwards, including the contemporary constitutional crises in the U.S. and U.K. deriving from populist movements. Mixing thorough research with personal experiences, this book will be an invaluable resource to scholars of political science and theory, constitutional law, history, political psychology, and LGBTQ+ issues.

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219

Publisher

Taylor & Francis

Published Date

ISBN 10

1000965430

ISBN 13

9781000965438

Constitutionalising Secession

By: David Haljan

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Constitutionalising Secession

By: David Haljan

Constitutionalising Secession proceeds from the question, 'What, if anything, does the law have to say about a secession crisis?' But rather than approaching secession through the optic of political or nationalist institutional accommodation, this book focuses on the underpinnings to a constitutional order as a law-making community, underpinnings laid bare by secession pressures. Relying on the corrosive effects of secession, it explores the deep structure of a constitutional order and the motive forces creating and sustaining that order. A core idea is that the normativity of law is best understood, through a constitutional optic, as an integrative, associative force. Constitutionalising Secession critically analyses conceptions of constitutional order implicit in the leading models of secession, and takes as a leading case-study the judicial and legislative response to secession in Canada. The book therefore develops a concept of constitutionalism and law-making - 'associative constitutionalism' - to describe their deep structure as a continuing, integrative process of association. This model of a dynamic process of value formation can address both the association and the disassociation of constitutional systems.

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450

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1782253300

ISBN 13

9781782253303

American Public Service

Constitutional and Ethical Foundations

By: Sheila Suess Kennedy,David Schultz

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American Public Service

Constitutional and Ethical Foundations

By: Sheila Suess Kennedy,David Schultz

Questions of ethics in public administration are increasingly in the news, where commentators seem too often detached from the sources of those ethics and their application to current political conflicts. American Public Service: Constitutional and Ethical Foundations examines public administration ethics as contextualized by constitutional, legal, and political values within the United States. Through case studies, hypothetical examples, and an easy-to-read discussion format, the authors explore what these values mean for specific duties of government managers and for the resolution of many contemporary issues confronting public sector officials. Key Features: • Describes the philosophical underpinnings of the Constitution and the Bill of Rights • Identifies the values that anchor and define what government and public administrators should do. • Indicates where these values fit into a framework for moral decision-making in the public sector, and how they apply to discussions of current controversies in public administration. • Written by authors with rich experience as both lawyers and academics in public administration programs.

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323

Publisher

Jones & Bartlett Learning

Published Date

ISBN 10

0763760021

ISBN 13

9780763760021

Finance, Law, and the Courts

By: Marco Lamandini,David Ramos Muñozz

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Finance, Law, and the Courts

By: Marco Lamandini,David Ramos Muñozz

Finance, Law, and the Courts offers a comprehensive legal treatment of finance's regulatory sources and complex problems. Drawing from European and US case law, the book demonstrates that law and the courts provide finance with the certainty it needs to operate and the elasticity it needs to evolve.

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593

Publisher

Oxford University Press

Published Date

ISBN 10

0192898698

ISBN 13

9780192898692

Faith, Force, and Reason

An Armchair History of the Rule of Law

By: David M. Beatty

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Faith, Force, and Reason

An Armchair History of the Rule of Law

By: David M. Beatty

Faith, Force, and Reason follows the evolution of the rule of law from its birth in the marshes of Mesopotamia over 4,000 years ago to its battle against apartheid in South Africa in the last twenty-five years. It is recounted through the voices of emperors and kings, judges and jurists, and popes and philosophers who have thought about what the rule of law is all about and how it works. All of law’s most momentous achievements – Justinian’s Corpus Juris Civilis, the Magna Carta, and the American Bill of Rights – and most celebrated advocates – Plato and Aristotle, Cicero, Aquinas, Edward Coke, Hugo Grotius, and John Marshall – are featured. So are law’s darkest moments: the trial of Socrates, the burning and beheading of witches and heretics, the persecution of Jews, and the proclamation of Lex Regia which legalized the dictatorial powers of Roman emperors and medieval kings. Faith, Force, and Reason challenges readers to think about the lessons of the history they have read. What does the rule of law mean in our own time? What does it demand of us as well as our political leaders?

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452

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University of Toronto Press

Published Date

ISBN 10

1487540817

ISBN 13

9781487540814

Decisions, Decisions

The Art of Effective Decision Making

By: David A. Welch

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Decisions, Decisions

The Art of Effective Decision Making

By: David A. Welch

You''re tempted to accept a promising job offer in another city, but moving would entail considerable sacrifice on the part of your family. What should you do? Your elderly mother can no longer take care of herself but she doesn''t get along with your husband and dreads the prospect of moving into a nursing home. What is the solution? Whether you are faced with decisions momentous or trivial, how you go about resolving everyday dilemmas will definitely affect your level of satisfaction in life. In this engrossing and entertaining guide, David Welch, who has studied the decision-making process at the highest levels, shows how both the science and the art of decision-making are essential to us all. Welch lays out nine steps to effective decision-making and then demonstrates how to apply these steps to real-world situations. He gives readers the intellectual tools to assess their strengths and weaknesses and stresses that self-knowledge is critical for making the right decisions. This enjoyable, clearly written guide will enable decision-makers at every level to find the best possible solution for dilemmas both big and small.

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296

Publisher

Prometheus Books

Published Date

ISBN 10

1615921524

ISBN 13

9781615921522

Appropriating Hobbes

Legacies in Political, Legal, and International Thought

By: David Boucher

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Appropriating Hobbes

Legacies in Political, Legal, and International Thought

By: David Boucher

This book explores how Hobbes's political philosophy has occupied a pertinent place in different contexts, and how his interpreters see their own images reflected in him, or how they define themselves in contrast to him. Appropriating Hobbes argues that there is no Hobbes independent of the interpretations that arise from his appropriation in these various contexts and which serve to present him to the world. There is no one perfect context that enables us to get at what Hobbes 'really meant', despite the numerous claims to the contrary. He is almost indistinguishable from the context in which he is read. This contention is justified with reference to hermeneutics, and particularly the theories of Gadamer, Koselleck, and Ricoeur, contending that through a process of 'distanciation' Hobbes's writings have been appropriated and commandeered to do service in divergent contexts such as philosophical idealism; debates over the philosophical versus historical understanding of texts; as well as in ideological disputations, and emblematic characterisations of him by various disciplines such as law, politics, and international relations. This volume illustrates the capacity of a text to take on the colouration of its surroundings by exploring and explicating the importance of contexts in reading and understanding how and why particular interpretations of Hobbes have emerged, such as those of Carl Schmitt and Michael Oakeshott, or the international jurists of the seventeenth, eighteenth, and nineteenth centuries.

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350

Publisher

Oxford University Press

Published Date

ISBN 10

0192549278

ISBN 13

9780192549273

Carl Einstein

A Defense of the Real

By: David Quigley,Carl Einstein

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Carl Einstein

A Defense of the Real

By: David Quigley,Carl Einstein

By David Quigley.

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317

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David Quigley

Published Date

ISBN 10

3851600835

ISBN 13

9783851600834

Constitutional Law of Ireland

By: Michael Forde,David Leonard

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Constitutional Law of Ireland

By: Michael Forde,David Leonard

Originally written for the fiftieth anniversary of the Constitution of Ireland, this book is an account of how the Constitution's requirements have been implemented by the legislature and interpreted by the courts. In this way it provides an integrated and contextual account of constitutional law in Ireland. It goes as far as to place it in context of some foreign constitutions, especially the Constitutions of the United States, France, Germany and the United Kingdom, as indeed the Irish courts refer frequently to other countries for guidance in interpreting the Constitution. The book largely falls into four parts. The first few chapters are introductory and cover the drafting and adoption of the Constitution, some features of the State and its citizens, and the judicial review of laws. The next few chapters deal with the various institutions of government and with the activities of the State in the international arena and in relation to fiscal matters. Then following on from this there are a number of chapters which consider what may be termed the various civil liberties and rights. There is a final brief section, towards the end of the book which deals with the various legal breaches of the Constitution. This new edition has been extensively rewritten to account for the enormous to take into account the tumultuous changes in Irish Constitutional Law in the intervening years. Challenges to articles, referenda, new legislation, and cases are all judicially considered. Michael Forde and David Leonard offer the reader everything they need to know on this complex subject.

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1220

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Bloomsbury Publishing

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ISBN 10

1784518751

ISBN 13

9781784518752

The Fascist Temptation

Creating a Political Community of Experience

By: David Ohana

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The Fascist Temptation

Creating a Political Community of Experience

By: David Ohana

This book posits a new theory of fascism as a radical political community of experience. The author engages with a range of thinkers both critical of and inspiring fascism including Walter Benjamin, Albert Camus, Ernst Jünger, Carl Schmitt, Friedrich Nietzsche and Martin Heidegger. This book will be of interest to scholars of the history of political thought, fascism and Nazism.

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411

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Routledge

Published Date

ISBN 10

1000332233

ISBN 13

9781000332230

The Human Rights of Non-citizens

By: David Weissbrodt

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The Human Rights of Non-citizens

By: David Weissbrodt

Non-citizens include asylum seekers, rejected asylum seekers, immigrants, non-immigrants, migrant workers, refugees, stateless persons, and trafficked persons. This book argues that regardless of their citizenship status, non-citizens should, by virtue of their essential humanity, enjoy all human rights unless exceptional distinctions serve a legitimate State objective and are proportional to the achievement of that objective. Non-citizens should have freedom from arbitrary arrest, arbitrary killing, child labour, forced labour, inhuman treatment, invasions of privacy, refoulement, slavery, unfair trial, and violations of humanitarian law. Additionally, non-citizens should have the right to consular protection; equality; freedom of religion and belief; labour rights (for example, as to collective bargaining, workers' compensation, healthy and safe working conditions, etc.); the right to marry; peaceful association and assembly; protection as minors; social, cultural, and economic rights. There is a large gap, however, between the rights that international human rights law guarantee to non-citizens and the realities they face. In many countries, non-citizens are confronted with institutional and endemic discrimination and suffering. The situation has worsened since 11 September 2001, as several governments have detained or otherwise violated the rights of non-citizens in response to fears of terrorism. This book attempts to understand and respond to the challenges of international human rights law guarantees for non-citizens human rights.

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300

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OUP Oxford

Published Date

ISBN 10

0191563277

ISBN 13

9780191563270

States of War

Enlightenment Origins of the Political

By: David William Bates

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States of War

Enlightenment Origins of the Political

By: David William Bates

We fear that the growing threat of violent attack has upset the balance between existential concepts of political power, which emphasize security, and traditional notions of constitutional limits meant to protect civil liberties. We worry that constitutional states cannot, during a time of war, terror, and extreme crisis, maintain legality and preserve civil rights and freedoms. David Williams Bates allays these concerns by revisiting the theoretical origins of the modern constitutional state, which, he argues, recognized and made room for tensions among law, war, and the social order. We traditionally associate the Enlightenment with the taming of absolutist sovereign power through the establishment of a legal state based on the rights of individuals. In his critical rereading, Bates shows instead that Enlightenment thinkers conceived of political autonomy in a systematic, theoretical way. Focusing on the nature of foundational violence, war, and existential crises, eighteenth-century thinkers understood law and constitutional order not as constraints on political power but as the logical implication of that primordial force. Returning to the origin stories that informed the beginnings of political community, Bates reclaims the idea of law, warfare, and the social order as intertwining elements subject to complex historical development. Following an analysis of seminal works by seventeenth-century natural-law theorists, Bates reviews the major canonical thinkers of constitutional theory (Locke, Montesquieu, and Rousseau) from the perspective of existential security and sovereign power. Countering Carl Schmitt's influential notion of the autonomy of the political, Bates demonstrates that Enlightenment thinkers understood the autonomous political sphere as a space of law protecting individuals according to their political status, not as mere members of a historically contingent social order.

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282

Publisher

Columbia University Press

Published Date

ISBN 10

0231158041

ISBN 13

9780231158046

Fault Lines

Tort Law as Cultural Practice

By: David Engel,Michael McCann

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Fault Lines

Tort Law as Cultural Practice

By: David Engel,Michael McCann

This pioneering collection examines tort law as a cultural phenomenon, drawing on the theories and methods of law, sociology, political science, and anthropology and comparative cases across the United States, Europe, and Asia.

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402

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Stanford University Press

Published Date

ISBN 10

0804756139

ISBN 13

9780804756136

Trust, Courts and Social Rights

A Trust-Based Framework for Social Rights Enforcement

By: David Vitale

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Trust, Courts and Social Rights

A Trust-Based Framework for Social Rights Enforcement

By: David Vitale

Trust, Courts and Social Rights proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government or 'political trust'. Interdisciplinary in nature, the book draws on theoretical and empirical scholarship on the concept of trust across disciplines, including philosophy, sociology, psychology and political theory. It integrates that scholarship with the relevant public law literature on social rights, fiduciary political theory and judicial review. In doing so, the book uses trust as an analytical lens for social rights law – importing ideas from the scholarship on trust into the social rights literature – and develops a normative argument that contributes to the controversial debate on how courts should enforce social rights. Also global in focus, the book uses cases from courts in Africa, Europe, Latin America and North America to illustrate how the trust-based framework operates in practice.

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283

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Cambridge University Press

Published Date

ISBN 10

1009115693

ISBN 13

9781009115698

The Constitution of Law

Legality in a Time of Emergency

By: David Dyzenhaus

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The Constitution of Law

Legality in a Time of Emergency

By: David Dyzenhaus

Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.

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Cambridge University Press

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ISBN 10

1139460501

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9781139460507

A Reconciliation without Recollection?

An Investigation of the Foundations of Aboriginal Law in Canada

By: Joshua Ben David Nichols

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A Reconciliation without Recollection?

An Investigation of the Foundations of Aboriginal Law in Canada

By: Joshua Ben David Nichols

Providing a clear, critical analysis of the history of Aboriginal law, A Reconciliation without Recollection? exposes the limitations of the current constitutional framework of reconciliation by following the lines of descent underlying the relationship between Crown and Aboriginal sovereignty.

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407

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University of Toronto Press

Published Date

ISBN 10

1487521871

ISBN 13

9781487521875

Encyclopedia of Human Rights

By: David P Forsythe

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Encyclopedia of Human Rights

By: David P Forsythe

This four-volume encyclopedia set offers coverage of all aspects of human rights theory, practice, law, and history.

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2641

Publisher

Oxford University Press

Published Date

ISBN 10

0195334027

ISBN 13

9780195334029

Encyclopedia of Law and Society

American and Global Perspectives

By: David S. Clark

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Encyclopedia of Law and Society

American and Global Perspectives

By: David S. Clark

Introduction to and survey of the field of law and society. Includes interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics.

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1809

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SAGE

Published Date

ISBN 10

076192387X

ISBN 13

9780761923879

Red, White, and Kind of Blue?

The Conservatives and the Americanization of Canadian Constitutional Culture

By: David Schneiderman

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Red, White, and Kind of Blue?

The Conservatives and the Americanization of Canadian Constitutional Culture

By: David Schneiderman

Situated between two different constitutional traditions, those of the United Kingdom and the United States, Canada has maintained a distinctive third way: federal, parliamentary, and flexible. Yet in recent years it seems that Canadian constitutional culture has been moving increasingly in an American direction. Through the prorogation crises of 2008 and 2009, its senate reform proposals, and the appointment process for Supreme Court judges, Stephen Harper’s Conservative government has repeatedly shown a tendency to push Canada further into the US constitutional orbit. Red, White, and Kind of Blue? is a comparative legal analysis of this creeping Americanization, as well as a probing examination of the costs and benefits that come with it. Comparing British, Canadian, and American constitutional traditions, David Schneiderman offers a critical perspective on the Americanization of Canadian constitutional practice and a timely warning about its unexamined consequences.

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325

Publisher

University of Toronto Press

Published Date

ISBN 10

1442629509

ISBN 13

9781442629509

Book's by David Dyzenhaus

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