Kategoria BISAC: Law >> Constitutional

This work is the first to assess the legality and impact of colonisation from the viewpoint of Aboriginal law, rather than from that of the dominant Western legal tradition. It begins by outlining the Aboriginal legal system as it is embedded in Aboriginal people s complex relationship with their ancestral lands. This is Raw Law: a natural system of obligations and benefits, flowing from an Aboriginal ontology. This book places Raw Law at the centre of an analysis of colonisation thereby decentring the usual analytical tendency to privilege the dominant structures and concepts of Western...

Critical Race Theory (CRT) is virtually unheard of in European scholarship, especially among legal scholars. "Law, Lawyers and Race: Critical Race Theory from the United States to Europe "endeavours to fill this gap by providing an overview of the definition and consequences of CRT developed in American scholarship and describing its transplantation and application in the continental European context.

The CRT approach adopted in this book illustrates the reasons why the relationship between race and law in European civil law jurisdictions is far from anodyne. Law plays a critical role...

This book draws on the work of Rawls to explore the interaction between faith, law and the right to religious freedom in post-Soeharto Indonesia, the world s largest democracy after India and the United States. It argues that enforcement of Islamic principles by the state is inconsistent with religious diversity and the country s liberal constitution. The book thus contributes to understanding the role of religion in the development of democracy in the world s largest Muslim nation. A key objective is to test the argument that Rawls thinking about public reason cannot apply to the case of...

Truly a landmark case, Fletcher v. Peck established judicial review of state legislative...

Truly a landmark case, Fletcher v. Peck established judicial review of state legislative...

The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children s rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the protection of the rights of the child.

This book addresses the question of whether the Common...

Promises of justice and equality made in the U.S. Constitution, numerous Amendments, and decisions of the Supreme Court are hallmarks of American civil rights. Yet the realities of inequality remain facts of modern life for too many Native Americans, African Americans, and Latino Americans, even though state-mandated racial segregation has been outlawed for years. Women still face a variety of forms of discrimination some subtle and others more overt. There remain many laws that treat people differently because of sexual orientation. People with disabilities are supposed to be protected by...

Promises of justice and equality made in the U.S. Constitution, numerous Amendments, and decisions of the Supreme Court are hallmarks of American civil rights. Yet the realities of inequality remain facts of modern life for too many Native Americans, African Americans, and Latino Americans, even though state-mandated racial segregation has been outlawed for years. Women still face a variety of forms of discrimination--some subtle and others more overt. There remain many laws that treat people differently because of sexual orientation. People with disabilities are supposed to be protected...

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo ) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional...

Can religion be used to legalize discrimination? When does religion exclude a person or corporation from having to follow a federal or state law, and does our government automatically favor one faith over another when allowing such exemptions? How "religious" must an activity be to qualify as exempt? These are just a few of the difficult questions addressed in When Religious and Secular Interests Collide: Faith, Law, and the Religious Exemption Debate, one of the most modern resources for looking at religion and the law, both historically and in the present. This book enables...

Susan Paterson Glover here presents, in modern type, a critical edition of the first printed work by an English woman writer, Sarah Chapone, on the inequity of the common law regime for married women. Glover's extended, original introduction provides an account of Chapone's life; a discussion of the influence of Mary Astell's work on Chapone's thought and work; and a review of the legal status of women in England's eighteenth century, with particular attention to marriage and the doctrine of coverture and the relations of women, law, and property. It concludes by acknowledging the...

As of the end of 2015, there were 40.8 civilians who had been internally displaced by conflicts and effects of natural disasters in various parts of the world. Internally displaced persons (IDPs) are currently the largest group of persons receiving assistance from some of the main international humanitarian organisations. With the largest concentration of internally displaced persons (IDPs), the African continent has been the worst affected region. While previously IDPs have largely been neglected under international law, the first-ever continental binding treaty on internal displacement,...

Islamic law has traditionally prohibited women from being prayer leaders and heads of state. A small number of Muslims today are beginning to challenge this stance, but they face considerable opposition from the broader Muslim community.

Women and Leadership in Islamic Law examines the assumption within much existing feminist scholarship that the patriarchal nature of pre-Islamic and early Muslim Near Eastern Society is the primary reason for the development of Islamic legal rulings prohibiting women from leadership positions. It claims that the evolution of Islamic law was...

An urgent, compact manifesto that will teach you how to protect your rights, your freedom, and your future when talking to police.

Law professor James J. Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen s constitutionally protected right to avoid self-incrimination. Getting a lawyer is...

When, where, why, and by whom is law used to force desired social change in the name of justice? Why has culture come to be seen as inherently oppressive to women? In this finely crafted book, Dorothy L. Hodgson examines the history of legal ideas and institutions in Tanzania - from customary law to human rights - as specific forms of justice that often reflect elite ideas about gender, culture, and social change. Drawing on evidence from Maasai communities, she explores how the legacies of colonial law-making continue to influence contemporary efforts to create laws, codify marriage,...

This book explores the contentious topic of women s rights in Muslim-majority countries, with a specific focus on Iran and the Iranian women s movement from 1906 to the present. The work contextualizes the authorial self through the use of personal narrative and interviews. A new critique of Islamic law is produced through an in-depth study of the Iranian Constitution, civil and criminal codes. The work presents a novel reconceptualization of the term "Islamic feminism" by revisiting the arguments of various scholars and through analysis of interviews with Iranian women s rights activists....