Kategoria BISAC: Law >> Constitutional

Constitutional systems frequently depend upon conventions - unwritten rules based on principle and precedent - to guide their operation, including regarding the role of the head of state. The Queen is Australia's head of state, with her Australian federal representative, the Governor-General, serving in day-to-day practice as a de facto head of state. Papers in this volume discuss conventions and other practice relating to the Crown in Australia's Westminster-style system of government responsible to Parliament. Papers consider the -Australianisation- of the Crown since federation in 1901,...

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,...

Die Piraterie ruckte durch eine Haufung von Ubergriffen auf Handelsschiffe vor der Kuste Somalias verstarkt in das Blickfeld der Staatengemeinschaft. Eilig wurde der Entschluss gefasst, dem Problem auch mit Strafverfolgung beizukommen. Nach einer Phase der Orientierung einigte sich die Weltgemeinschaft auf die Regionalisierung des Problems also die Verlagerung der Strafverfolgung und des Strafvollzugs auf Anrainerstaaten des Indischen Ozeans. Die Arbeit befasst sich im Allgemeinen mit dem volkerrechtlichen und im Speziellen mit dem menschen- und grundrechtlichen Rahmen der...

The book begins by reflecting on the different phases of...

How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world.

Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal...

Over the past few years, secularism has become an intrinsic component of discussions on religious freedom and religious governance. The question of whether states should restrict the wearing of headscarves and other religious symbols has been particularly critical in guiding this thought process.

Refashioning Secularisms in France and Turkey documents how, in both countries, devout women have contested bans on headscarves, pointing to how these are inconsistent with the real spirit of secularism. These activists argue that it is possible to be simultaneously secular...

Focusing specifically on the first modern declarations of the rights of mankind- the 'Virginian Declaration of Rights', 1776, the French 'Declaration of the Rights of Man and of...

This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting...

Some of the most hotly contested international women's rights issues today arise from the movement of people from one country to another and the practices they purportedly bring with them. In Women's Human Rights and Migration, Sital Kalantry focuses on immigrants of Asian descent living in the United States who are believed to abort female fetuses because they do not want a girl-child. While sex-selective abortion is a human rights concern in India, should we, for that reason, assume that the practice undermines women's equality in the United States? Although some pro-choice...

During periods of intense conflict, either at home or abroad, governments enact emergency powers in order to exercise greater control over the society that they govern. The expectation though is that once the conflict is over, these emergency powers will be lifted.

An Exceptional Law showcases how the emergency law used to repress labour activism during the First World War became normalized with the creation of Section 98 of the Criminal Code, following the Winnipeg General Strike. Dennis G. Molinaro argues that the institutionalization of emergency law became intricately...

During periods of intense conflict, either at home or abroad, governments enact emergency powers in order to exercise greater control over the society that they govern. The expectation though is that once the conflict is over, these emergency powers will be lifted.

An Exceptional Law showcases how the emergency law used to repress labour activism during the First World War became normalized with the creation of Section 98 of the Criminal Code, following the Winnipeg General Strike. Dennis G. Molinaro argues that the institutionalization of emergency law became intricately...